SENATE, No. 2034
STATE OF NEW JERSEY
208th LEGISLATURE
INTRODUCED JUNE 24, 1999
Sponsored by:
Senator ANDREW R. CIESLA
District 10 (Monmouth and Ocean)
Senator RICHARD J. CODEY
District 27 (Essex)
SYNOPSIS
Establishes certain licensing requirements for limousine drivers and
additional requirements for owners of limousines.
CURRENT VERSION OF TEXT
As introduced.
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AN ACT concerning autocab, limousine and livery service and revising
various parts of the statutory law.
BE IT ENACTED by the Senate and General Assembly of the State
of New Jersey:
1. Section 3 of P.L.1990, c.103 (C.39:3-10.11) is amended to read
as follows:
3. For purposes of this act, a term shall have the meaning set forth
in R.S.39:1-1 unless another meaning for the term is set forth in this
act, or unless another meaning is clearly apparent from the language
or context of this act, or unless the meaning for the term set forth in
R.S.39:1-1 is inconsistent with the manifest intent of the Legislature
in this act.
For purposes of this act:
"Alcohol concentration" means:
a. The number of grams of alcohol per 100 milliliters of blood; or
b. The number of grams of alcohol per 210 liters of breath.
"Commercial driver license" or "CDL" means a license issued in
accordance with this act to a person authorizing the person to operate
a certain class of commercial motor vehicle.
"Commercial Driver License Information System" or "CDLIS"
means the information system established pursuant to >the@ federal
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>"Commercial Motor Vehicle Safety Act of 1986," Pub. L. 99-570 (49
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U.S.C. s. 2701 et seq.)@ law, Pub.L. 103-272 (49 U.S.C. s.31301 et
seq.) to serve as a clearinghouse for locating information related to
the licensing and identification of commercial motor vehicle drivers.
"Commercial motor vehicle" or "CMV" means a motor vehicle or
combination of motor vehicles used or designed to transport
passengers or property:
a. If the vehicle has a gross vehicle weight rating of 26,001 or
more pounds or displays a gross vehicle weight rating of 26,001 or
more pounds;
b. If the vehicle has a gross combination weight rating of 26,001
or more pounds inclusive of a towed unit with a gross vehicle weight
rating of more than 10,000 pounds;
c. If the vehicle is designed to transport 16 or more passengers
including the driver;
d. If the vehicle is designed to transport eight or more but less
than 16 persons, including the driver, and is used to transport such
persons for hire on a daily basis to and from places of employment;
>or@
EXPLANATION - Matter enclosed in bold-faced brackets >thus@ in the above bill is not
enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
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e. If the vehicle has a seating capacity of not more than 14
passengers, not including the driver, used in the business of carrying
passengers for hire which is prearranged passenger transportation that
is provided at a premium fare on a non-scheduled, charter basis and is
not on a regular route, but does not include a vehicle with a maximum
seating capacity of six passengers, including the driver, which is driven
by a person who on the effective date of P.L.1999, c.
(C. )
(pending before the Legislature as this bill) has not less than two years
of experience operating such a vehicle; or
f. If the vehicle is transporting or used in the transportation of
hazardous materials and is required to be placarded in accordance with
Subpart F. of 49 C.F.R. s. 172, or the vehicle displays a hazardous
material placard.
The director may, by regulation, include within this definition such
other motor vehicles or combination of motor vehicles as he deems
appropriate.
This term shall not include recreation vehicles.
"Controlled substance" means any substance so classified under
subsection (6) of section 102 of the "Controlled Substances Act" (21
U.S.C. s. 802), and includes all substances listed on Schedules I
through V of 21 C.F.R. s. 1308, or under P.L.1970, c.226 (C.24:21-1
et seq.) as they may be revised from time to time. The term, wherever
it appears in this act or administrative regulation promulgated pursuant
to this act, shall include controlled substance analogs.
"Controlled substance analog" means a substance that has a
chemical structure substantially similar to that of a controlled
dangerous substance and that was specifically designed to produce an
effect substantially similar to that of a controlled dangerous substance.
The term shall not include a substance manufactured or distributed in
conformance with the provisions of an approved new drug application
or an exemption for investigational use within the meaning of section
505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. s. 355).
"Conviction" means a final adjudication that a violation has
occurred, a final judgment on a verdict, a finding of guilt in a tribunal
of original jurisdiction, or a conviction following a plea of guilty, non
vult or nolo contendere accepted by a court. It also includes an
unvacated forfeiture of bail, bond or collateral deposited to secure the
person's appearance in court, or the payment of a fine or court costs,
or violation of a condition of release without bail, regardless of
whether the penalty is rebated, suspended, or probated.
"Disqualification" means either:
a. The suspension, revocation, cancellation, or any other
withdrawal by a state of a person's privilege to operate a commercial
motor vehicle;
b. A determination by the Federal Highway Administration under
the rules of practice for motor carrier safety contained in 49 C.F.R.
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s. 386, that a person is no longer qualified to operate a commercial
motor vehicle under >49 C.F.R. s. 391@ 49 C.F.R. s.391.1 et seq.; or
c. The loss of qualification which automatically follows conviction
of an offense listed in 49 C.F.R. s. 383.51.
"Domicile" means that state where a person has a true, fixed, and
permanent home and principal residence and to which the person
intends to return whenever the person is absent.
"Driver license" means a license issued by this State or any other
jurisdiction to a person authorizing the person to operate a motor
vehicle.
"Endorsement" means an authorization to a commercial driver
license required to permit the holder of the license to operate certain
types of commercial motor vehicles.
"Felony" means any offense under any federal law or the law of a
state, including this State, that is punishable by death or imprisonment
for a term exceeding one year. The term includes, but is not limited
to, "crimes" as that term is defined in the "New Jersey Code of
Criminal Justice," N.J.S.2C:1-1 et seq.
"Foreign jurisdiction" means any jurisdiction other than a state of
the United States.
"Gross vehicle weight rating" or "GVWR" means the value
specified by a manufacturer as the loaded weight of a single or a
combination (articulated) vehicle, or the registered gross weight,
whichever is greater. The GVWR of a combination (articulated)
vehicle, commonly referred to as the "gross combination weight
rating" or "GCWR," is the GVWR of the power unit plus the GVWR
of the towed unit or units. In the absence of a value specified for the
towed unit or units by the manufacturer, the GVWR of a combination
(articulated) vehicle is the GVWR of the power unit plus the total
weight of the towed unit, including the loads on them.
"Hazardous material" means a substance or material determined by
the Secretary of the United States Department of Transportation to be
capable of posing an unreasonable risk to health, safety, and property
when transported in commerce and so designated pursuant to the
provisions of the >"Hazardous Materials Transportation Act" (49
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U.S.C. s. 1801 et seq.).@ "Hazardous Materials Transportation
Authorization Act of 1994," Pub.L.103-311 (C.49 U.S.C. s.5101 et
seq.).
"Motor vehicle" includes all vehicles propelled otherwise than by
muscular power, except such vehicles as run only upon rails or tracks.
The term "motor vehicle" includes motorized bicycles.
"Out of service order" means a temporary prohibition against
operating a commercial motor vehicle.
"Recreation vehicle" means a self-propelled or towed vehicle
equipped to serve as temporary living quarters for recreational,
camping, or travel purposes and is used solely as a family or personal
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conveyance.
"Representative vehicle" means a motor vehicle which represents
the type of motor vehicle that a commercial driver license applicant
operates or expects to operate.
"Serious traffic violation" means conviction for one of the following
offenses committed while operating a commercial motor vehicle:
a. Excessive speeding, involving any single offense for a speed of
15 miles per hour or more above the speed limit;
b. Reckless driving, as defined by state or local law or regulation,
including, but not limited to, offenses of driving a commercial motor
vehicle in willful or wanton disregard of the safety of persons or
property, including violations of R.S.39:4-96;
c. Improper or erratic traffic lane changes;
d. Following a vehicle ahead too closely, including violations of
R.S.39:4-89;
e. A violation, arising in connection with a fatal accident, of state
or local law relating to motor vehicle traffic control, other than a
parking violation; or
f. Any other violation of a state or local law relating to motor
vehicle traffic control determined by the Secretary of the United States
Department of Transportation in 49 C.F.R. s. 383.5 to be a serious
traffic violation.
This term shall not include vehicle weight or defect violations.
"State" means a state of the United States or the District of
Columbia.
"Tank vehicle" means any commercial motor vehicle that is
designed to transport any liquid or gaseous material within a tank that
is either permanently or temporarily attached to the vehicle or the
chassis. Such vehicles include, but are not limited to, cargo tanks and
portable tanks as defined by the director. However, this definition
does not include portable tanks having a rated capacity under 1,000
gallons.
"Vehicle group" means a class or type of vehicle with certain
operating characteristics.
(cf: P.L.1990, c.103, s.3)
2. R.S.48:16-13 is amended to read as follows:
48:16-13. Except as provided in section 2 of P.L.1997, c.356
(C.48:16-13.1), as used in this article:
"Autocab" means and includes any automobile or motor car with
a >carrying@ seating capacity of not more than >nine@ 14 passengers,
not including the driver, used in the business of carrying passengers for
hire which is >held out, announced or advertised to operate or run or
which is operated or run over any of the streets or public highways of
this State, and which is hired by charter or for a particular contract, or
by the day or hour or other fixed period, or to transport passengers to
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a specified place or places, or which charges a fare or price agreed
upon in advance between the operator and the passenger@ prearranged
passenger transportation that is provided at a premium fare on a nonscheduled, charter basis and is not on a regular route. Nothing in this
article contained shall be construed to include taxicabs, hotel buses or
buses employed solely in transporting school children or teachers or
autobuses which are subject to the jurisdiction of the Board of Public
Utilities, or interstate autobuses required by federal or State law or
rules of the Board of Public Utilities to carry insurance against loss
from liability imposed by law on account of bodily injury or death.
"Limousine or livery service" means and includes the business of
carrying passengers for hire by autocabs.
"Person" means and includes any individual, copartnership,
association, corporation or joint stock company, their lessees, trustees
or receivers appointed by any court whatsoever.
"Street" means and includes any street, avenue, park, parkway,
highway, or other public place.
(cf: P.L.1997, c.356, s.1)
3. Section 2 of P.L.1997, c.356 (C.48:16-13.1) is amended to read
as follows:
2. In a county of the first class with a population density of over
10,000 persons per square mile, according to the latest federal
decennial census, "autocab" means and includes any automobile or
motor car with a >carrying@ seating capacity of not more than >nine@
14 passengers, not including the driver, which is issued special
registration plates bearing the word "livery" pursuant to section 12 of
P.L.1979, c.224 (C.39:3-19.5) and is engaged in the business of
carrying passengers for hire, which is >held out, announced or
advertised to operate or run or which is operated or run over any of
the streets or public highways of this State and which is hired by
charter or for a particular contract or by the day or hour or other fixed
period, on a prearranged basis for proms, weddings, funerals, or to
transport passengers to and from airports, other passenger stations or
motels and hotels, and for which a price is agreed upon in advance@
prearranged passenger transportation that is provided at a premium
fare on a non-scheduled, charter basis and is not on a regular route.
(cf: P.L.1997, c.356, s.2)
4. R.S.48:16-14 is amended to read as follows:
48:16-14. No autocab, limousine or livery service shall be operated
wholly or partly along any street in any municipality until the owner of
the autocab, limousine or livery service shall have filed with the >clerk
of the municipality in which the owner has his principal place of
business@ Division of Motor Vehicles, an insurance policy of a
company duly licensed to transact business under the insurance laws
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of this State in the sum of >$50,000.00@ $1,500,000 against loss by
reason of the liability imposed by law upon every autocab, limousine
or livery service owner for damages on account of bodily injury or
death suffered by any person as the result of an accident occurring by
reason of the ownership, maintenance or use of the autocab, limousine
or livery service upon any public street.
Such operation shall be permitted only so long as the insurance
policy shall remain in force to the full and collectible amount of
>$50,000.00@ $1,500,000.
The insurance policy shall provide for the payment of any final
judgment recovered by any person on account of the ownership,
maintenance and use of such autocab, limousine or livery service or
any fault in respect thereto, and shall be for the benefit of every person
suffering loss, damage or injury as aforesaid.
(cf: P.L.1979, c.224, s.3)
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owner has his principal place of business@ Division of Motor Vehicles,
concurrently with the filing of a policy or bond referred to in
>section@ R.S.48:16-14 >of this Title@, a power of attorney, wherein
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and whereby the owner shall appoint the >chief fiscal officer of the
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municipality@ Director of the Division of Motor Vehicles his true and
lawful attorney for the purpose of acknowledging service of any
process out of a court of competent jurisdiction to be served against
the insured by virtue of the indemnity granted under the insurance
policy or bond filed.
(cf: P.L.1979, c. 224, s. 5)
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his principal place of business@ Division of Motor Vehicles, upon the
filing of the required insurance policy or bond, shall issue a certificate
in duplicate showing that the owner of the autocab, limousine or
livery service has complied with the terms and provisions of this
article.
The certificate shall recite the name of the insurance company, the
number and date of expiration of the policy or bond, a description of
every autocab, limousine or livery service insured thereunder, and the
registration number of the same.
The duplicate certificate shall be filed with the Division of Motor
Vehicles before any such car is registered as an autocab, limousine or
livery service.
The original certificate shall be >posted in a conspicuous place@
5. R.S.48:16-16 is amended to read as follows:
48:16-16. The owner of the autocab, limousine or livery service
shall execute and deliver to the >clerk of the municipality, in which the
6. R.S.48:16-17 is amended to read as follows:
48:16-17. The >clerk of the municipality, in which the owner has
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retained within the autocab, limousine or livery service.
(cf: P.L.1979, c.224, s.6)
8. N.J.S.2C:33-13 is amended to read as follows:
2C:33-13. Smoking in Public. a. Any person who smokes or
carries lighted tobacco in or upon any bus , autocab, limousine or
livery service as defined in R.S.48:16-13, or other public conveyance,
except group charter buses >,@ and specially marked railroad smoking
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cars, >limousines or livery services, and, when the driver is the only
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person in the vehicle, autocabs,@ is a petty disorderly person.
b. Any person who smokes or carries lighted tobacco in any public
place, including but not limited to places of public accommodation,
where such smoking is prohibited by municipal ordinance under
authority of R.S. 40:48-1 and 40:48-2 or by the owner or person
responsible for the operation of the public place, and when adequate
notice of such prohibition has been conspicuously posted, is guilty of
a petty disorderly persons offense. Notwithstanding the provisions of
N.J.S. 2C:43-3, the maximum fine which can be imposed for a
violation of this section is $200.00.
c. The provisions of this section shall supersede any other statute
and any rule or regulation adopted pursuant to law.
(cf: P.L.1985, c.187, s.1)
7. R.S.48:16-22 is amended to read as follows:
48:16-22. a. Any person who shall operate an autocab, limousine
or livery service in any street in this State without complying with the
provisions of this article >shall be guilty of a misdemeanor@ is liable to
a penalty of not more than $5,000 for a first offense and not more than
$10,000 for a second or subsequent offense.
b. The fines collected pursuant to subsection a. of this section shall
be annually appropriated to the Division of Motor Vehicles for the
purpose of implementing the provisions of R.S.48:16-13 et seq.
(cf: P.L.1979, c.224, s.11)
9. (New section) Except as otherwise provided by reciprocity
agreement or arrangement entered into by the Director of the Division
of Motor Vehicles in the Department of Transportation or by a
declaration issued by him, no autocab, limousine or livery service as
defined in R.S.48:16-13 registered in another state or the District of
Columbia and whose principal place of business is in a jurisdiction
which requires the payment of a registration fee or fees or taxes of any
nature from an owner of an autocab, limousine or livery service
properly registered in this State for the operation of that vehicle on the
highways of the other state or district, as the case may be, shall be
operated on the highways of this State unless a fee is paid to the
director, equal in amount to the fee or tax collected by the authorized
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official or body of the other jurisdiction for the operation on its
highways of the autocab, limousine or livery service properly
registered in this State. Motor fuels and motor fuels use taxes, taxes
based on income, and property taxes shall be excluded under this
section.
10. (New section) No autocab, limousine or livery service as
defined in R.S.48:16-13 shall be operated on the highways of this
State unless it is equipped, in accordance with minimum standards
established by the Director of the Division of Motor Vehicles in the
Department of Transportation, with:
a. a two-way communications system, which, at a minimum, shall
provide for communication to a person outside the vehicle for a
distance of not less than 100 miles;
b. a removable first-aid kit, which shall be placed in an accessible
place within the vehicle;
c. sideboards attached to the permanent body construction of the
vehicle if the height of the vehicle floor is 10 inches or more above
ground level.
11. (New section) No autocab, limousine or livery service as
defined in R.S.48:16-13 shall be operated on the highways of this
State if, on or after the effective date of this act, the vehicle exceeds
the gross vehicle weight established by the original equipment
manufacturer for that vehicle unless the owner of the vehicle
demonstrates that the vehicle conforms to all applicable federal and
State motor vehicle standards at the time of registration.
12. (New section) Notwithstanding the provisions of R.S.39:8-2
to the contrary, an autocab, limousine or livery service as defined in
R.S.48:16-13 shall be inspected annually.
13. (New section) a. There is created in the Department of
Transportation a State Limousine Advisory Board consisting of nine
members, seven of whom shall be appointed by the Governor with the
advice and consent of the Senate. The membership of the board shall
be as follows: the Director of the Division of Consumer Affairs in the
Department of Law and Public Safety, or his designee, who shall serve
ex officio; the Director of the Division of Motor Vehicles in the
Department of Transportation, or his designee, who shall serve ex
officio; and the seven appointed members, including three
representatives of the South Jersey Limousine Association, one of
whom shall represent a company with not more than six limousines,
one of whom shall represent a company of more than six but not more
than 15 limousines, and one of whom shall represent a company with
more than 15 limousines; three representatives from the New Jersey
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Limousine Association, one of whom shall represent a company with
not more than six limousines, one of whom shall represent a company
of more than six but not more than 15 limousines, and one of whom
shall represent a company with more than 15 limousines; and a
representative from a company of coachbuilders.
The term of office of each appointed board member shall be four
years; except that of the members first appointed, three shall serve for
four years, two shall serve for three years, and two shall serve for two
years. Vacancies shall be filled for the unexpired terms only. No
member may be appointed for more than two consecutive terms.
The organization, meetings and management of the board shall be
established in regulations promulgated by the Director of the Division
of Motor Vehicles.
The officers and members of the board shall not be compensated,
but shall be reimbursed for actual expenses reasonably incurred in the
performance of their duties.
The Director of the Division of Motor Vehicles shall provide
staffing and any administrative assistance that he may deem necessary
in order for the board to carry out its duties pursuant to this act.
b. The duties of the board shall be as follows: to recommend to the
Director of the Division of Motor Vehicles regulations necessary to
effectuate the provisions of this act; to make recommendations for
promoting public safety in the operation of autocab, limousine or
livery service; to participate in the formulation of rules and
regulations, the hearing of grievances, and the establishment of
standards for the operation of autocab, limousine or livery service; and
to oversee the implementation of this act by the Director of the
Division of Motor Vehicles.
14. R.S.48:16-18 through R.S.48:16-20 are repealed.
15. This act shall take effect on the 180th day following enactment.
STATEMENT
This bill revises the definition of autocab in the statutes. The bill
redefines autocab as any automobile or motor car with a seating
capacity of not more than 14 passengers, not including the driver, used
in the business of carrying passengers for hire which is prearranged
passenger transportation that is provided at a premium fare on a nonscheduled, charter basis and is not on a regular route.
The bill also amends the "New Jersey Commercial Driver License
Act," P.L.1990, c.103 (C.39:3-10.9 et seq.), which requires drivers of
commercial motor vehicles to obtain a commercial driver license, by
changing the definition of "commercial motor vehicle" to include
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autocabs as redefined. This definition does not include a vehicle with
a maximum seating capacity of six passengers, including the driver,
which is driven by a person who on the effective date of this bill has
not less than two years of experience operating such a vehicle. This
bill requires, then, that the drivers of autocabs comply with the
provisions of the act, and obtain a commercial driver license.
In addition, the bill authorizes the Director of the Division of Motor
Vehicles in the Department of Transportation to impose "counterpart
fees" on limousine and livery companies licensed in jurisdictions
outside of this State and whose principal place of business is in a
jurisdiction which applies certain fees or taxes against vehicles
properly registered in New Jersey when they operate in that
jurisdiction.
Further, the bill stipulates that no autocab, limousine or livery
service shall operate along any street in any municipality unless the
owner of any such service carries liability insurance in an amount of
$1,500,000 for damages on account of bodily injury or death suffered
by any person as a result of an accident occurring by reason of the
ownership, maintenance or use of the autocab, limousine or livery
service upon any public street. Under current law, the liability
coverage required of an owner is $50,000. In addition, the bill
stipulates that an autocab, limousine or livery service shall file the
required insurance policy with the Division of Motor Vehicles rather
than, as currently required, with the clerk of the municipality in which
the owner has his principal place of business.
Also, the bill provides that it is a petty disorderly persons offense
for any person to smoke tobacco in an autocab, limousine or livery
service.
The bill also requires that an autocab, limousine or livery service
shall be inspected annually. Under current law, most classes of
vehicles are required to be inspected biennially.
The bill requires, in addition, that limousine and livery operators
equip each of their vehicles with a two-way communications system,
a removable first-aid kit and sideboards attached to the permanent
body construction of the vehicle if the height of the vehicle floor is 10
inches or more above ground level.
Furthermore, this bill states that no autocab, limousine or livery
service shall be operated on the highways of this State if, on or after
the effective date of this act, the vehicle exceeds the gross vehicle
weight limit established by the original equipment manufacturer for
that vehicle, unless the owner of the vehicle demonstrates that the
vehicle conforms to all applicable federal and State motor vehicle
standards at the time of registration.
The bill also repeals R.S.48:16-18 through R.S.48:16-20.
R.S.48:16-18 provides that when an autocab, limousine or livery
service operates in more than one municipality, the insurance policy
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required pursuant to R.S.48:16-14 shall be filed with the clerk of the
municipality in which the owner has his principal place of business.
R.S.48:16-19 and R.S.48:16-20 relate to conditions under which an
autocab, limousine or livery service may carry its own liability
insurance.