Individuals in violation of New Jersey’s amended motor vehicles law aimed at the use of wireless telephones and electronic communications, which took effect July 1, will notice their wallets feel a little lighter. The amended law, authorized by Gov. Chris Christie on June 27, disallows the use of any hand-held device in a motor vehicle, even while stopped in traffic or at a traffic signal, and now calls for more expensive fines and heightened penalties for offenses.
The fine for a first offense has increased from $100 to between $200 and $400. A second offense will result in a fine between $400 and $600, and three or more offenses will result in a fine of $600 to $800. Each violation requires a mandatory court appearance.
For third or subsequent violations, three motor vehicle penalty points will also be charged. The court may also suspend the offender’s driving privileges for 90 days.
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| Photo via Google Texting or talking on a hand-held phone while driving is a primary offense in New Jersey. |
“Nobody pays attention to the law anyway. Maybe now they’ll start doing it,” said Beach Haven Police Capt. Matt Greenwood. “You drive up and down the Boulevard all day long and see people talking on their phone and texting (while driving). It’s very common that people are violating this.”
According to the law, use of a wireless phone and any other hand-held communication device includes, but is not limited to, talking or listening to another person, texting, or sending and receiving electronic messages.
The newly amended law requires one-half of the fines collected to be paid to the state treasurer for allocation to the Motor Vehicle Commission for use in developing a public education program, which must include information on the dangers of texting while driving. The other half of the accumulated fines will be divided equally between the county and municipality in which the violation occurred.
“If you’re going to text, the best thing to do is pull off to the shoulder and turn off the vehicle. That’s where it should be done,” said Long Beach Township Police Lt. Paul Vereb.
He suggested turning on the vehicle’s four-way flashers for added safety.
“Do what you have to do so you’re not creating a hazard on the road,” he urged.
Many major studies have found that texting while driving is just as dangerous as driving drunk with a blood alcohol level twice the legal limit, Vereb added.
Between June 10 and July 9, Beach Haven officers ticketed 20 individuals for using hand-held communication devices while driving. Greenwood said that number of tickets in violation of the law is about average for Beach Haven during this time of year, as the population “skyrockets in the summer.”
However, that number does not include the number of issued warnings, said Lisa Schmied, a Beach Haven patrol officer for the past six years. On average, she said, the number of times Beach Haven patrol officers stop drivers in violation of the distracted driving law can rise into the double digits during a period of 24 hours.
Many summer visitors who live out of state are often unaware of the law in New Jersey, she said.
Pedestrians or bicyclists texting at intersections or when crossing roads also create potential hazards for themselves and drivers, especially in areas in Long Beach Township where people have to walk across five highway lanes, Vereb said. Though some drivers might immediately stop, other drivers who are using a cell phone might not have enough reaction time before braking.
“It’s part of the issues that we have,” said Vereb, who lost his brother, who was hit as a pedestrian by a car in 1987. “It’s amazing how some of the electronic technology that we have is making us really more unsafe when we’re out there walking or driving.”
According to the law, drivers are permitted to use a hands-free device if it does not interfere with standard safety equipment.
While Greenwood said he personally does not have a problem with people using a hands-free device to answer a call while driving, he said making a call usually requires individuals to pick up their phone. If they do not pull over, it is considered a violation of the law.
Vereb suggests staying off the phone altogether when operating a vehicle in heavy traffic areas.
“You don’t want your mind wandering,” he said. “You want all your attention on the traffic in front of you, especially in a high construction area like on the (Garden State) Parkway the way it is, or going over the Route 72 bridge. You want to make sure you’re there and you’re concentrating on what you’re doing.”
Vereb suggested setting up an app that sends an automated “I’m driving” alert to incoming calls or text messages.
Current law allows drivers to use a hand-held phone only to report an emergency to the proper authorities. The driver must keep one hand on the wheel at all times.
“It’s one thing if there’s an emergency, you’ve got an aggressive driver you’re trying to report, or there’s a car accident,” said Greenwood. “Call 911, get the police or medical personnel out there faster. But if you’re just talking to your family or friends, you shouldn’t be driving.”
Despite the new increased penalties, Schmied believes the violations will continue to occur.
“People are just so used to it. You have your phone with you all the time, and if it rings you’re going to either look or you’re going to pick it up, unfortunately – especially the younger kids, who might not know any better,” she said. “We get a lot of contractors here, too, that might not have the Bluetooth, and even though you tell them to get it, they’re answering calls from customers.”
On the other hand, Vereb said he believes the stricter penalties will ultimately encourage drivers to follow the law and put down their phones.
“As people get more and more fines, you’re going to have more people adhering to the law because they don’t want to get fined,” he said. “Through enforcement, you do see people following the laws.”
He likened the situation to the Click It or Ticket campaign that started in the 1990s, which has encouraged drivers and their passengers to routinely wear seatbelts, thus diminishing the number of fatal accidents attributed to the disregard of seatbelts.
Greenwood and Vereb said their patrol officers have been enforcing the hand-held device law since it was first enacted and will continue to do so.
As part of the federally funded Street Smart NJ program, a new public education, awareness and behavioral change campaign being piloted in five New Jersey communities, including Long Beach Township, the local division’s motorcycle and bicycle units are also closely watching pedestrians and drivers at intersections to make sure they are following the law, said Vereb.
“Our police department takes it very seriously, and we look at it as a major distraction,” he stated.
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