P.L. 2013, c.237 - Makes driver's license suspension discretionary for first offense of driving without motor vehicle liability insurance Enacted: January 17, 2014

 Administrative Office of the Courts 

Office of Professional and Governmental Services 

Glenn A. Grant, J.A.D. Deirdre Naughton 

Acting Administrative Director of the Courts Director, Professional and Governmental Services New Law Advisory 

Advisory No. 2013-61 Issued: January 28, 2014 

To: Assignment Judges 

Subject: P.L. 2013, c.237 - Makes driver's license suspension discretionary for first offense of driving without motor vehicle liability insurance 

Enacted: January 17, 2014 

Effective: January 17, 2014 

Area of Law: Municipal 

Contact: Debra Jenkins, Assistant Director for Municipal Practice, 609-984-8241 

On January 17, 2014, Governor Christie signed A-1844 into law as P.L. 2013, c.237. The new law took effect on January 17, 2014. A copy of the law is attached and is available on the Judiciary Infonet under Legal Reference/Legislation Affecting Courts. Below is a summary of the law. 

The new law amends N.J.S.A.39:6B-2 to provide that the one-year driver’s license suspension penalty for a first offense of driving without the required motor vehicle liability insurance coverage may be reduced or eliminated by the court if the person provides satisfactory proof of insurance at the time of the hearing. A person who is convicted for a first offense of operating a motor vehicle without the required motor vehicle liability insurance coverage remains subject to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court. 

Kindly advise appropriate staff of this new law. Please contact Debra Jenkins, Assistant Director for Municipal Practice, if you have any questions regarding Chapter 237. 

attachment 

c: Glenn A. Grant, J.A.D. 

Municipal Division Presiding Judges 

Directors 

Assistant Directors 

Clerks of the Court 

Trial Court Administrators 

Municipal Division Managers 

Municipal Court Directors and AdministratorsPage 1 of 2 

P.L. 2013, c. 237 

Approved January 17, 2014 

[Second Reprint] 

ASSEMBLY, No. 1844 

STATE OF NEW JERSEY 

215th LEGISLATURE 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION 

Sponsored by: 

Assemblyman PATRICK J. DIEGNAN, JR. 

District 18 (Middlesex) 

Co-Sponsored by: Assemblyman Coughlin 

SYNOPSIS 

Makes discretionary driver’s license suspension for first offense of driving without motor vehicle liability insurance. 

CURRENT VERSION OF TEXT 

As reported by the Senate Transportation Committee on May 20, 2013, with amendments. 

AN ACT concerning motor vehicle liability insurance coverage and amending P.L.1972, c.197. 

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 

1. Section 2 of P.L.1972, c.197 (C.39:6B-2) is amended to read as follows: 

2. 1a.1 2[Any] An2 owner or registrant of a motor vehicle registered or principally garaged in this State who operates or causes to be operated a motor vehicle upon any public road or highway in this State without motor vehicle liability insurance coverage required by [this act] P.L.1972, c.197 (C.39:6B-1 et seq.), and 2[any] an2 operator who operates or causes a motor vehicle to be operated and who knows or should know from the attendant circumstances that the motor vehicle is without motor vehicle liability insurance coverage required by [this act] P.L.1972, c.197 2(C.39:6B-1 et seq.)2 shall be subject, for the first offense, to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court [, and shall forthwith forfeit his]. The court also 1[may] shall1 suspend the person’s right to operate a motor vehicle over the highways of this State for a period of 1[not less than two months or more than]1 one year from the date of conviction 1; provided, however, the period of license suspension may be reduced or eliminated if the person provides the court with satisfactory proof of motor vehicle liability insurance at the time of the hearing1. Upon subsequent conviction, [he] the person shall be subject to a fine of up to $5,000 and shall be subject to imprisonment for a term of 14 days and shall be ordered by the court to perform community service for a period of 30 days, Page 2 of 2 

which shall be of 2[such] a2 form and on 2[such]2 terms as the court shall deem appropriate under the circumstances, and shall forfeit [his] the person’s right to operate a motor vehicle for a period of two years from the date of [his] the conviction, and, after the expiration of 2[said period] the forfeiture2, [he] the person may make application to the [Director of the Division of Motor Vehicles] Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the [director] chief administrator. The [director's] chief administrator’s discretion shall be based upon an assessment of the likelihood that the individual will operate or cause a motor vehicle to be operated in the future without the insurance coverage required by this act. A complaint for violation of this act may be made to a municipal court at any time within six months after the date of the alleged offense. 

Failure to produce at the time of trial an insurance identification card or an insurance policy which was in force for the time of operation for which the offense is charged creates a rebuttable presumption that the person was uninsured when charged with a violation of this section. 

2[1b. In the event that the court suspends a person’s right to operate a motor vehicle pursuant to subsection a. of this section, that person must provide the chief administrator with satisfactory proof of motor vehicle liability insurance coverage prior to the chief administrator reinstating the person’s right to operate a motor vehicle.1]2 

(cf: P.L.1997, c.151, s.12) 

2. This act shall take effect immediately.