(TRENTON) – Legislation sponsored by Assemblywoman Elizabeth Muoio to create a restricted driver’s license so individuals whose driving privileges have been suspended or revoked are able to drive to specific destinations like work or school was released Thursday by an Assembly panel.
The Department of Justice recently issued guidance to state courts throughout the country, encouraging state and municipal courts to avoid suspending driver’s licenses as a debt collection tool. Muoio believes the same recommendation should apply to the Motor Vehicle Commission.
Poor and minority residents are more likely to have their driver’s licenses suspended, which hurts their ability to find and keep work, said Muoio. Drivers with surcharges often get suspended because they cannot afford to pay, and they cannot find work to help pay down the surcharges because they do not have a driver’s license. “It’s a cycle that keeps people trapped,” she said.
“There should absolutely be repercussions for our actions. But punishing someone for their inability to pay a fee by inhibiting their ability to work seems counterproductive,” said Muoio.
“This license has a very narrow scope. It allows individuals to make a living and take care of basic necessities. There are no luxuries here,” said Muoio (D-Mercer/Hunterdon). “I don’t see the greater benefit in making it harder for people to get mandated treatment, go to the doctor or pick up their children at daycare, especially when they are taking the necessary steps to make things right.”
The bill (A-3490) would establish a restricted-use driver’s license endorsement for drivers whose licenses have been suspended or revoked for failure to pay certain motor vehicle surcharges, an accumulation of motor vehicle penalty points.
The bill would authorize a driver with a restricted-use driver’s license endorsement to operate a motor vehicle exclusively between the driver’s residence and place of employment; an accredited educational institution; a mandated treatment program; a health care facility; a child care facility, or when operating a motor vehicle is necessary as part of the person’ primary employment.
Drivers may apply for the endorsement if their driver’s licenses have been suspended or revoked for failure to pay motor vehicle surcharges and they agree to a payment plan approved by the chief administrator; for an accumulation of motor vehicle penalty points, if they attend a driver improvement program; or for having a conviction for a non-violent drug offense that does not involve a violation of Title 39 of the Revised Statutes for which motor vehicle points are assessed.
For the purposes of this bill, a non-violent drug offense refers to an offense that does not involve violence or the threat of violence, the victim does not sustain bodily injury, and the actor is not armed with or does not use a deadly weapon or threaten by word or gesture to use a deadly weapon to threaten to inflict bodily injury.
Individuals convicted of drunk driving or refusing to take a breathalyzer test, or who have been assessed surcharges resulting from those convictions would not be eligible for an endorsement.
The bill would require the Chief Administrator of the New Jersey Motor Vehicle Commission to develop and issue an application for the restricted use driver’s license endorsement and to promptly issue the endorsement to applicants. If an applicant for an endorsement provides false information on the application, the applicant’s driver’s license would be suspended or revoked for an additional year. The chief administrator may charge a fee of up to $25 for the endorsement. The endorsement would expire when the person’s driver’s license is restored.
The bill would also establish penalties for operating a motor vehicle between points other than as authorized by the endorsement. The endorsement would be immediately forfeited and the driver would be subject to a fine of not less than $500 or more than $1,000; community service for a period of 30 days; and an additional one year driver’s license suspension or revocation. A driver who is convicted of causing an accident resulting in personal injury or death to another person while driving between unauthorized points would be subject to a fine of between $1,000 and $5,000; community service for a period of 30 days; and an additional two years driver’s license suspension or revocation. A driver who is convicted of drunk driving or refusing to take a breathalyzer while operating a motor vehicle between unauthorized points would be subject to a fine of between $1,000 and $5,000 and an additional five years driver’s license suspension or revocation.
Under the bill, a person whose driver’s license is suspended or revoked after or within 10 years of the effective date of the bill would be eligible for an endorsement.
The bill was released by the Assembly Law & Public Safety Committee.
