The NJ State Law
concerning use of electronic communications devices (that included the exception
for Amateur Radios) is now part of the Statutes. Text is below:
One way to find this
online is to go to this
webpage:
39:4-97.3
Use of wireless telephone, electronic communication device in moving vehicle;
definitions; enforcement.
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.
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
operator has reason to fear for his life or safety, or believes that a criminal
act may be perpetrated against himself 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.
As
used in this act, "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.
"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 $100.
e.No
motor vehicle points or automobile insurance eligibility points pursuant to
section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.
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.
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.
L.2003,
c.310, s.1; amended 2007, c.198, s.1.