Bill Text: NJ A4063 | 2014-2015 | Regular Session | Introduced
Bill Title: Requires certain minimum motor vehicle liability insurance coverage upon conviction of certain offenses involving motor vehicles.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-01-12 - Introduced, Referred to Assembly Financial Institutions and Insurance Committee [A4063 Detail]
Download: New_Jersey-2014-A4063-Introduced.html
Sponsored by:
Assemblywoman ALISON LITTELL MCHOSE
District 24 (Morris, Sussex and Warren)
Co-Sponsored by:
Assemblyman Space
SYNOPSIS
Requires certain minimum motor vehicle liability insurance coverage upon conviction of certain offenses involving motor vehicles.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning motor vehicle liability insurance coverage and supplementing chapter 6 of Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any other motor vehicle liability insurance coverage required to be maintained by an owner or registered owner of a motor vehicle registered or principally garaged in this State, pursuant to section 3 of P.L.1972, c.70 (39:6A-3), section 1 of P.L.1972, c.197 (C.39:6B-1), subsections a. and b. of section 4 of P.L.1998, c.21 (C.39:6A-3.1), section 45 of P.L.2003, c.89 (C.39:6A-3.3), if an owner, or any driver named on the owner's policy, is convicted of any of the offenses listed in subsection b. of this section, the owner shall establish and maintain, for a period of three years following the date of reinstatement of a driver's license after it has been suspended for the offense, at least the following amounts of motor vehicle liability insurance coverage:
(1) an amount or limit of $25,000, on account of injury to, or death of, one person, in any one accident;
(2) an amount or limit of $50,000, on account of injury to or death of, more than one person, in any one accident; and
(3) an amount or limit of $20,000, for damage to property in any one accident.
b. If an owner or registered owner, or a covered person under the owner's policy, is convicted of any of the following offenses, and the conviction results in a driver's license suspension, the owner shall be subject to the insurance requirements set forth in subsection a. of this section:
(1) death by auto in violation of N.J.S.2C:11-5;
(2) falsifying an application in violation of R.S.39:3-37;
(3) any crime of the first through fourth degree under Title 39 of the Revised Statutes in the course of which a motor vehicle was used, or any crime of the first through fourth degree under Title 2C of the New Jersey Statutes in the course of which a motor vehicle was used;
(4) knowingly leaving the scene of a motor vehicle accident resulting in death or serious bodily injury in violation of section 1 of P.L.1997, c.111 (C.2C:11-5.1) or section 2 of P.L.1997, c.111 (C.2C:12-1.1); or
(5) a violation of the laws of another state or the United States that are substantially similar to the violations under paragraphs (1) through (4) of this subsection.
2. a. Notwithstanding any other motor vehicle liability insurance coverage required to be maintained by an owner or registered owner of a motor vehicle registered or principally garaged in this State, pursuant to section 3 of P.L.1972, c.70 (C.39:6A-3), section 1 of P.L.1972, c.197 (C.39:6B-1), subsections a. and b. of section 4 of P.L.1998, c.21 (C.39:6A-3.1), section 45 of P.L.2003, c.89 (C.39:6A-3.3), if an owner, or any driver named on the owner's policy, is convicted of any of the offenses listed in subsection b. of this section, the owner shall establish and maintain, for a period of three years following the date of reinstatement of a driver's license after it has been suspended for the offense, at least the following amounts of motor vehicle liability insurance coverage:
(1) an amount or limit of $50,000, on account of injury to, or death of, one person, in any one accident;
(2) an amount or limit of $100,000, on account of injury to or death of, more than one person, in any one accident; and
(3) an amount or limit of $40,000, for damage to property in any one accident.
b. If an owner or registered owner, or any driver named on the owner's policy, is convicted of any of the following offenses, and the conviction results in a driver's license suspension, the owner shall be subject to the insurance requirements set forth in subsection a. of this section:
(1) a violation of R.S.39:4-50 or refusal to submit to a test as provided for in section 2 of P.L.1966, c.142 (C.39:4-50.2);
(2) a violation of N.J.S.2C:12-1 for assault by auto resulting in serious bodily injury while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a);
(3) a violation of R.S.39:3-40 for driving while a license is suspended; or
(4) a violation of the laws of another state or the United States that are substantially similar to the violations under paragraphs (1) through (3) of this subsection.
3. The Chief Administrator of the New Jersey Motor Vehicle Commission shall:
a. establish a system to ensure compliance on an ongoing basis by owners who are required to maintain motor vehicle liability insurance policy coverage pursuant to this act;
b. prescribe forms to be used by insurance carriers who shall provide to the Chief Administrator, in a manner to be determined by the Chief Administrator:
(1) verification that the required insurance coverage is in effect for the carrier's insureds who are subject to the requirements of this act; and
(2) notice of any cancellation or lapse in maintaining the required insurance coverage for the carrier's insureds who are subject to the requirements of this act; and
c. further suspend, for a time period to be determined by the Chief Administrator, the driver's license of any owner or driver who fails to comply with the provisions of this act.
4. The Chief Administrator of the New Jersey Motor Vehicle Commission, in consultation with the Commissioner of Banking and Insurance, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act.
5. This act shall take effect on the 60th day following enactment.
STATEMENT
This bill requires certain minimum motor vehicle liability insurance coverage upon conviction of certain offenses involving motor vehicles. It is the sponsor's intent to require "high risk" drivers - those who have already been convicted of certain motor vehicle offenses and have had their licenses suspended - to maintain higher liability coverage than the coverages currently required by New Jersey law, in order to have this greater protection available for other drivers.
The bill provides that, notwithstanding any other motor vehicle liability insurance coverage required to be maintained by an owner or registered owner of a motor vehicle registered or principally garaged in this State, pursuant to current New Jersey statutory law regarding standard, basic, special policies, if an owner, or any driver named on the owner's policy, is convicted of certain offenses as listed in section 1 of the bill, the owner shall establish and maintain, for a period of three years following the date of reinstatement of a driver's license after it has been suspended for the offense, at least the following amounts of motor vehicle liability insurance coverage:
(1) an amount or limit of $25,000, on account of injury to, or death of, one person, in any one accident;
(2) an amount or limit of $50,000, on account of injury to or death of, more than one person, in any one accident; and
(3) an amount or limit of $20,000, for damage to property in any one accident.
The bill also provides that, for convictions of certain other offenses listed in section 2 of the bill, the owner must maintain even greater amounts of liability coverage for three years following reinstatement:
(1) an amount or limit of $50,000, on account of injury to, or death of, one person, in any one accident;
(2) an amount or limit of $100,000, on account of injury to or death of, more than one person, in any one accident; and
(3) an amount or limit of $40,000, for damage to property in any one accident.
The bill also requires the Chief Administrator of the New Jersey Motor Vehicle Commission to:
§ establish a system to ensure compliance on an ongoing basis by owners who are required to maintain motor vehicle liability insurance policy coverage pursuant to the bill;
§ prescribe forms to be used by insurance carriers who shall provide to the Chief Administrator, in a manner to be determined by the Chief Administrator, certain information about the required insurance coverage; and
§ further suspend, for a time period to be determined by the Chief Administrator, the driver's license of any owner or driver who fails to comply with the provisions of the bill.
