Town Topics, June 23, 2004 Legal Forum:
"New Cell Phone Law in Automobiles to Take Effect July 1" by Kevin P. McManimon, Esq.Reprinted with permision of the Town Topics.
On January 20, 2004, Governor Jim McGreevey signed Bill Number S338 into law and New Jersey became only the second state in the country (behind New York) to enact a state-wide ban on the use of hand-held wireless phones by drivers. The new law will take effect on July 1, 2004 and will prohibit the use of such phones by all drivers of moving motor vehicles on public roads and highways in New Jersey. Prior to the enactment of Bill S338, only three municipalities in New Jersey, Marlboro, Jamesburg and Careret, prohibited drivers from using wireless phones. Moreover, the only state-wide regulations in place banned school-bus drivers, minors and provisional driving license holders from using cellular phones while driving. Bill S338, however, addresses the concern that inconsistent local regulations would confuse motorists driving in New Jersey, who may not realize which towns prohibit the use of cellular phones while driving. The new law, therefore, will supersede all local ordinances that regulate the use of wireless phones by drivers and it will apply to all drivers.
For each violation, the statute provides for a fine of at least $100, but not more than $250, and, perhaps more important to drivers, does not include an assessment for motor vehicle points. The statute also provides that drivers may use hands-free wireless units, as long as the use of the hands-free unit does not interfere with the operation of safety equipment (such as airbags) and as long as the driver “exercises a high degree of caution in operating the motor vehicle.” Since the term “high degree of caution” is not defined, however, we must await enforcement of the statute, and the almost certain legal challenges, to determine how that provision will be applied.
Notably, the ban on hand-held devices includes an exception for emergencies, such as when a driver has reason to fear for his or her safety, believes that a criminal act is occurring, needs to report a fire, traffic accident or other serious road hazard or emergency, or needs to report a person who is driving in an unsafe manner. Furthermore, the law permits drivers to use their hands to turn a phone on or off or to dial a phone, even though that activity, by necessity, distracts a driver's attention from the road. Finally, the law will only be enforceable as a secondary violation where the driver has been detained for another motor vehicle violation.
Interestingly, while approximately forty-five other countries around the world, including countries in Europe, Asia, South America and Africa, have already enacted nation-wide bans similar to the New Jersey statute, it is worth noting New Jersey is ahead of the national curve. Numerous other states considered and rejected a partial or complete ban on the use of cellular phones by drivers and only eight states have legislation in place similar to New Jersey’s partial ban against school-bus drivers’ use of cellular phones. Thus, it remains to be seen to what extent this law will affect the habits of New Jersey drivers.
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