Legislation Assembly members Matthew W. Milam, Nelson T. Albano and Connie Wagner sponsored to substantially increase the penalties for illegally passing a school bus dropping off or picking up children was released today by an Assembly committee.
“Current penalties are an insufficient deterrent for the rising number of irresponsible drivers who speed past buses picking up or discharging students,” said Assemblyman Milam (D-Cumberland), a member of the Assembly Transportation, Public Works and Independent Authorities Committee. “Tougher penalties will send the message to these drivers that our children’s safety is paramount.”
The bill (A-2007), would establish a new offense and penalty hierarchy for motorists who illegally pass a school bus with warning lights flashing that is discharging or picking up children. Under current law, illegally passing a school bus allows a first offender to get off with as little as a $100 fine and/or up to 15 days in jail and as little as $250 fine and/or 15 days in jail for second and subsequent offenses.
The sponsors cited pervasive use of plea bargains – which largely prevent first offenses from showing up as such – as one of the main reasons for the increased fines. According to the state Administrative Office of the Courts, during the past 12 months, 2770 drivers were cited for failing to stop for a school bus. Of these violations, 2432 were subsequently pled down to lesser offenses.
To stop this abuse of plea bargain agreements, the bill would prohibit prosecutors from allowing violators to plead down the offense.
First-time offenders would face fines up to $250 and a maximum of 15 days of community service. Second-time offenders would face fines up to $500 and either a maximum of 15 days in jail or 30 days of community service. Subsequent repeat offenders would face fines of $1000 and either a maximum of 30 days in jail or 45 days of community service.
Current law also holds the owner of any vehicle reported as illegally passing a stopped school bus as the guilty party unless the vehicle owner provides proof to the contrary to law enforcement officials, a provision that the legislation would keep intact. “We must prove our commitment to protecting our children by increasing the penalties associated with these violations,” said Albano (D-Cumberland). “By making the punishment better fit the crime, we will be giving drivers in New Jersey a reason to think twice before they put their need for speed ahead of the safety of our schoolchildren.”
“Every time a motorist ignores the flashing red lights of a stopped bus, that person is putting children needlessly at risk,” said Wagner (D-Bergen), a member of the committee. “Whether it is ignorance, indifference or just plain carelessness, New Jersey drivers need to know that there are serious repercussions for ignoring our school bus safety laws.”
The Assembly Transportation, Public Works and Independent Authorities Committee unanimously released the measure. It now heads to the Assembly Speaker, who decides if and when to post it for a floor vote.
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