New Jersey A 5163: Repeals law providing that violation of rear seat belt law be treated as secondary offense; establishes certain reporting requirements; requires AG to issue report.

Bill Text

(Sponsorship Updated As Of: 5/18/2023)
ASSEMBLY, No. 5163

STATE OF NEW JERSEY
220th LEGISLATURE

INTRODUCED FEBRUARY 6, 2023

Sponsored by:
Assemblyman ROBERT AUTH
District 39 (Bergen and Passaic)
Assemblyman BRIAN BERGEN
District 25 (Morris and Somerset)

SYNOPSIS
Repeals law providing that violation of rear seat belt law be treated as
secondary offense; establishes certain reporting requirements; requires AG to
issue report.

CURRENT VERSION OF TEXT
As introduced.

A5163 AUTH, BERGEN
2

AN ACT concerning safety belt usage and repealing section 3 of 1
P.L.2009, c.318. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. (New section) The Legislature finds and declares that: 7
a. In 2020, traffic fatalities in New Jersey rose five percent and 8
585 people lost their lives on State roads according to the New 9
Jersey State Police; 10
b. In 2019, lack of seat belt use was a factor in 43 percent of 11
passenger vehicle fatalities when restraint use was known according 12
to the National Highway Traffic Safety Administration (NHTSA); 13
c. Motor vehicle crashes cost New Jersey nearly $13 billion 14
annually according to the NHTSA and crash costs are 55 percent 15
higher for unbelted crash victims who incur medical bills compared 16
with belted victims; 17
d. Unbelted rear seat passengers can be thrown about the 18
passenger compartment of a vehicle in a crash, posing a serious 19
threat to the driver and other vehicle occupants as the odds of death 20
for a belted driver seated directly in front of an unrestrained 21
passenger in a serious head-on crash is 2.27 times higher than if the 22
driver is seated in front of a restrained passenger; 23
e. It is the intent of the New Jersey Legislature to increase the 24
survival rates of individuals involved in vehicular crashes on New 25
Jersey’s roads and highways, reduce the severity of vehicular crash 26
injuries, and curb the escalating costs of health care, workers’ 27
compensation, and other insurance-related expenditures associated 28
with motor vehicle crashes; 29
f. Under current law, failure to wear a seatbelt in the rear seat 30
of a motor vehicle constitutes a secondary offense, which means a 31
law enforcement officer cannot stop and issue a ticket solely for a 32
violation of the rear seat belt law, but only when a driver of a 33
passenger automobile has been stopped for some other suspected 34
violation of Title 39 of the Revised Statutes or other law; 35
g. By making a failure to wear a seatbelt in the rear seat of a 36
motor vehicle a primary offense, the Legislature intends to 37
strengthen the State’s seat belt laws; and 38
h. The Legislature intends to enhance safety for motorists, but 39
does not intend to expand in any way the circumstances under 40
which a law enforcement officer may lawfully inspect or search a 41
motor vehicle or the vehicle’s contents, driver, or passengers. 42
43
2. (New section) a. One year after the effective date of this 44
act, all State and local law enforcement agencies shall submit a 45
report to the Attorney General containing information from the 46
preceding year on any traffic stop where a passenger received a 47
citation for a violation of subsection c. of section 2 of P.L.1984, 48

A5163 AUTH, BERGEN
3

c.179 (C.39:3-76.2f). The information shall include the alleged 1
traffic violation that led to the motor vehicle stop, any citation or 2
warning issued as a result of the motor vehicle stop, whether a 3
search was instituted as a result of the motor vehicle stop, and 4
whether the motor vehicle stop led to an arrest of a driver or any 5
passenger of the vehicle. The Attorney General shall compare the 6
data contained in this report with any traffic stop data available 7
from two years prior to the effective date of this act, in order to 8
determine the effect of the implementation of this act on law 9
enforcement practices. Within six months of receiving a report by 10
State and local law enforcement agencies, the Attorney General 11
shall issue a report to the Governor and the Legislature pursuant to 12
section 2 of P.L.1991, c.164 (C.52:14-19.1) which details the 13
Attorney General’s conclusions regarding the impact of this act on 14
law enforcement practices. 15
b. Information pertaining to the implementation of this act shall 16
be included in the State of New Jersey Highway Safety Plan sent to 17
the National Highway Traffic Safety Administration and the Federal 18
Highway Administration. The information shall include, but not be 19
limited to, the effect of the implementation of this act on the 20
number of injuries and fatalities resulting from motor vehicle 21
accidents in this State. 22
23
3. Section 3 of P.L.2009, c.318 (C.39:3-76.2n) is repealed. 24
25
4. This act shall take effect immediately. 26
27
28
STATEMENT 29
30
This bill makes it a primary offense to violate the law requiring a 31
rear seat motor vehicle passenger to wear a seat belt. 32
Under current law,