New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A433

Introduced
1/9/24  

Caption

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

Impact

The law's transition to a primary offense is positioned to enhance compliance with seat belt laws and is expected to have significant impacts on traffic safety. The legislation cites alarming statistics, such as a five percent increase in traffic fatalities in New Jersey in 2020 and the fact that 43 percent of passenger fatalities were associated with unbelted passengers. By encouraging rear seat belt usage, the bill aims to decrease the severity of injuries and fatalities associated with traffic accidents, which impose substantial costs on the healthcare and insurance systems.

Summary

Assembly Bill A433 aims to repeal the existing law regarding the enforcement of rear seat belt usage, changing the violation from a secondary offense to a primary offense. Under current law, a law enforcement officer can only issue a ticket for not wearing a seat belt in the rear seat of a vehicle if the driver is stopped for another violation. This bill will permit officers to stop drivers specifically for rear seat belt violations, with the intention of improving safety on New Jersey roads. It reflects legislative findings that emphasize the correlation between seat belt usage and reduced fatalities in motor vehicle accidents.

Contention

While the bill's intent focuses on public safety, it may generate contention regarding law enforcement practices and the treatment of drivers during traffic stops. The bill establishes reporting requirements that mandate State and local law enforcement to assess and report the outcomes of traffic stops related to seat belt violations. This will include analyzing citation data, reasons for stopping vehicles, and any resulting arrests, which could raise discussions about racial profiling and the potential for increased stops of certain demographic groups. Critics may argue that the shift to a primary offense could disproportionately affect specific populations and lead to unnecessary vehicle stops.

Companion Bills

NJ S2125

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

NJ S3323

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

NJ A5163

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

Previously Filed As

NJ A5163

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

NJ S3323

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

NJ S2125

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

NJ SB01195

An Act Establishing Secondary Traffic Violations.

NJ HB536

Make seat belt and booster seat violations a primary offense

NJ HB05324

An Act Establishing Secondary Traffic Violations.

NJ A2032

Establishes certain additional examination and special learner's permit requirements.

NJ S2398

Establishes certain additional examination and special learner's permit requirements.

NJ A3603

Requires law enforcement officers to issue citation by mail for certain motor vehicle violations.

NJ HF4922

Secondary offenses established for vehicle equipment violations.

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NJ A5163

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

NJ S3323

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

NJ S2125

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

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