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S4337
SENATE, No. 4337
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 28, 2026
Sponsored by:
Senator� LATHAM TIVER
District 8 (Atlantic and Burlington)
SYNOPSIS
���� Prohibits certain actions while driving.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning distracted driving and amending
P.L.2003, c.310.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 1 of P.L.2003,
c.310 (C.39:4-97.3) is amended to read as follows:�
���� 1.��� a.� The use of a
wireless telephone or electronic communication device by an operator of a
moving motor vehicle on a public road or highway shall be unlawful except when
the telephone is a hands-free wireless telephone or the electronic
communication device is used hands-free, provided that its placement does not
interfere with the operation of federally required safety equipment and the
operator exercises a high degree of caution in the operation of the motor
vehicle.� For the purposes of this section, an �electronic communication device�
shall not include an amateur radio.
���� Nothing in P.L.2003, c.310
(C.39:4-97.3 et seq.) shall apply to the use of a citizen's band radio or
two-way radio by an operator of a moving commercial motor vehicle or authorized
emergency vehicle on a public road or highway.
���� b.��� The operator of a motor
vehicle may use a hand-held wireless telephone while driving with one hand on
the steering wheel only if:�
���� (1)��
[
The
]
the
operator
has reason to fear for
[
his
]
the
operator�s
life or safety, or believes that a criminal act may be
perpetrated against
[
himself
]
the
operator
or another person; or
���� (2)��
[
The
]
the
operator is using the telephone to report to appropriate authorities a fire, a
traffic accident, a serious road hazard or medical or hazardous materials
emergency
[
,
]
or to report
the operator of another motor vehicle who is driving in a reckless, careless or
otherwise unsafe manner or who appears to be driving under the influence of
alcohol or drugs.� A hand-held wireless telephone user�s telephone records or
the testimony or written statements from appropriate authorities receiving such
calls shall be deemed sufficient evidence of the existence of all lawful calls
made under this paragraph.
���� As used in this act:�
���� "Citizen's band
radio" means a mobile communication device designed to allow for the
transmission and receipt of radio communications on frequencies allocated for
citizen's band radio service use.
���� "Hands-free wireless
telephone" means a mobile telephone that has an internal feature or
function, or that is equipped with an attachment or addition, whether or not
permanently part of such mobile telephone, by which a user engages in a conversation
without the use of either hand; provided, however, this definition shall not
preclude the use of either hand to activate, deactivate, or initiate a function
of the telephone.
����
�Livestreaming� means
real-time transmission of information in video format.
���� "Two-way radio"
means two-way communications equipment that uses VHF frequencies approved by
the Federal Communications Commission.
���� "Use" of a wireless
telephone or electronic communication device shall include, but not be limited
to, talking or listening to another person on the telephone, text messaging, or
sending an electronic message via the wireless telephone or electronic
communication device.
���� c.���� (Deleted by amendment,
P.L.2007, c.198).
���� d.��� A person who violates
this section shall be fined as follows:
���� (1)�� for a first offense, not
less than $200 or more than $400;
���� (2)�� for a second offense,
not less than $400 or more than $600; and
���� (3)�� for a third or
subsequent offense, not less than $600 or more than $800.
���� For a third or subsequent
violation, the court, in its discretion, may order the person to forfeit the
right to operate a motor vehicle over the highways of this State for a period
of 90 days.� In addition, a person convicted of a third or subsequent violation
shall be assessed three motor vehicle penalty points pursuant to section 1 of
P.L.1982, c.43 (C.39:5-30.5).
���� A person who has been
convicted of a previous violation of this section need not be charged as a
second or subsequent offender in the complaint made against
[
him
]
the person
in order to render
[
him
]
the person
liable to the punishment imposed by this section on a second or subsequent
offender, but if the second offense occurs more than 10 years after the first
offense, the court shall treat the second conviction as a first offense for
sentencing purposes and if a third offense occurs more than 10 years after the
second offense, the court shall treat the third conviction as a second offense
for sentencing purposes.
���� e.���� Except as provided in
subsection d. of this section, no motor vehicle penalty points or automobile
insurance eligibility points pursuant to section 26 of P.L.1990, c.8
(C.17:33B-14) shall be assessed for
a violation of
this
[
offense
]
section
.
���� f.���� The Chief Administrator
of the New Jersey Motor Vehicle Commission shall develop and undertake a
program to notify and inform the public as to the provisions of this act.�
Notwithstanding the provisions of R.S.39:5-41, the fines assessed pursuant to
paragraphs
(1) through (3) of
subsection d. of this section shall be collected by the
court and distributed as follows: �50 percent of the fine imposed shall
[
bepaid
]
be paid
to the county and municipality wherein the violation occurred, to be divided
equally, and 50 percent of the fine imposed shall be paid to the State
Treasurer, who shall allocate the fine monies to the chief administrator to be
used for this public education program, which shall include informing motorists
of the dangers of texting while driving.
���� g.��� Whenever this section is
used as an alternative offense in a plea agreement to any other offense in
Title 39 of the Revised Statutes that would result in the assessment of motor
vehicle points, the penalty shall be the same as the penalty for a violation of
section 1 of P.L.2000, c.75 (C.39:4-97.2), including the surcharge imposed
pursuant to subsection f. of that section, and a conviction under this section
shall be considered a conviction under section 1 of P.L.2000, c.75
(C.39:4-97.2) for the purpose of determining subsequent enhanced penalties
under that section.
����
h.��� Except as provided in
subsection i. of this section, the operator of a moving motor vehicle shall not
view, record, or livestream videos on a wireless telephone or electronic
communication device, or participate in a video call in a method other than
that of an audio-only telephone call on a wireless telephone or electronic
communication device, regardless of whether the telephone is a hands-free
wireless telephone or the electronic communication device is used hands-free.
����
i.���� The operator of a moving
motor vehicle may record or livestream videos on a wireless telephone or
electronic communication device, or participate in a video call in a method
other than that of an audio-only telephone call on a wireless telephone or
electronic communication device, only if:�
����
(1)�� the operator has
reason to fear for the operator�s life or safety, or believes that a criminal
act may be perpetrated against the operator or another person; or
����
(2)�� the operator is using
the telephone to report to appropriate authorities a fire, a traffic accident,
a serious road hazard or medical or hazardous materials emergency or to report
the operator of another motor vehicle who is driving in a reckless, careless,
or otherwise unsafe manner or who appears to be driving under the influence of
alcohol or drugs.� A hand-held wireless telephone user's telephone records or
the testimony or written statements from appropriate authorities receiving such
calls shall be deemed sufficient evidence of the existence of all lawful calls
made under this paragraph.
(cf:� P.L.2013, c.70, s.1)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill expands the list of
prohibited actions that constitute distracted driving.� Under current law,
except in certain emergency situations, the use of a wireless telephone or
electronic communication device by an operator of a moving motor vehicle on a
public road or highway is prohibited unless the telephone is a hands-free
wireless telephone or the electronic communication device is used hands-free
and the placement of the device does not interfere with the operation of
federally required safety equipment and the operator exercises a high degree of
caution in the operation of the motor vehicle.� The bill clarifies that a
driver of a moving motor vehicle is prohibited from viewing, recording, or
livestreaming videos, and participating in a video call in a method other than
that of an audio-only telephone call, regardless of the type of device used, except
in limited emergency situations, as outlined in the bill.