New Jersey's revised cell phone law

Unless of course you are on a bus or are a passenger in a car.


I'm not understanding what everyone complaint is about this. Ham radio is exempted and you can still use a cell phone with a handsfree device, what is the problem?


for a state list of these laws for cell phones try this.

http://www.ghsa.org/html/stateinfo/laws/cellphone_laws.html

Joel

 

Although I didn't find a current list, the ARRL has this.

http://www.arrl.org/news/stories/2007/02/13/103/?nc=1

for those considering traveling.
Joel

 

Yeh Right

The laws today are not drafted to protect the people. They are drafted to generate revenue.

Police officers are only concerned with the things that bring about guilty pleas, not with the things that ARE legal. Legal or not is for a judge to decide. Unfortunately, the old "guilty until proven innocent" adage is alive and well today. Most people with such a ticket would reason that 'it will cost $1000 for a lawyer to get out of this $50 ticket' so they do not assert their rights. The cops know this all too well. Personally, I'd pay $5000 to be found innocent just on principal.

We're quickly losing our freedoms and our country to indifference. Time to wake up.

 

Cops apply "creative interpretation" all the time. Here's an example: In Nevada it is legal to carry a hand gun openly, in a holster or tucked into your belt, on the street and in any public building except for court rooms and schools. No permit needed. A guy went into the state DMV office carrying his gun openly. Perfectly legal. The clerk in the DMV called the sheriff's office to complain. Two deputies arrived. The man explained to them that he was acting legally, which the deputies confirmed by checking with head-quarters. They asked him if the gun was loaded. He said yes. So they charged him with bringing explosives (gun powder) into a government office. The judge threw it out of court.

 

Just like to point out that the link is to the legislation and not the law:
TITLE 39 MOTOR VEHICLES AND TRAFFIC REGULATION

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.)

39:4-97.4 Inapplicability of act to certain officials.

2.The prohibitions set forth in this act shall not be applicable to any of the following persons while in the actual performance of their official duties: a law enforcement officer; a member of a paid, part-paid, or volunteer fire department or company; or an operator of an authorized emergency vehicle. (L.2003,c.310,s.2.)

39:4-97.5 Supersedure, preemption of local ordinances.

3.This act supersedes and preempts all ordinances of any county or municipality with regard to the use of a wireless telephone or electronic communication device by an operator of a motor vehicle. (L.2003, c.310, s.3; amended 2007, c.198, s.2.)

 

Laws like this are drafted because people are generally stupid.

So am I for wasting 20 minutes of my life reading and responding to this tripe. Damn!

Just another reason to dislike another east coast dung pile.

 

Great discussion.

You guys sure do put on a great discussion. Brightens up an otherwise dull, snowy, rainy, freezing day.

David KB5DRJ

 

Im a 13 yr semi driver and a general too. I see cops using cellphones and radios while on the move all the time. NOW, in my area they are all getting those laptop computers that sit right in front of them when they drive and they get dispatches, messages etc right while they are going down the road. If I ever get a ticket around here, I will have that cops boss called into court as a witness and he can tell the court why my cb or ham microphone is dangerous to use while driving but his mic, phone and laptop computer are not...

 

Or simply walking down the street.

 

Things are looking up in "joy-see" (local pronunciation). I wonder why they still call it the "Garden State."

Ever hear of RHIP? (Rank Has Its Privilege) Cops are above the law. Haven't you learned that by now? Plus, it will cost you plenty to fight it out in court. Say, between $5K and $10K for a decent attorney. Then, once you're finished, do you think the state/county/city will pay your attorney's fees? Think again.

Just take your medicine (i.e., pay the fine) and let them have their new revenue stream.

Here in Alabama, if you are stopped and can't immediately produce your proof of insurance card, you are issued a citation. Even though the state law says that if you are/were insured at the time of the citation and produce it later, you are innocent of the claim of driving without insurance/proof of insurance.

Guess what? They won't dismiss the ticket and the judge will still make you pay, even though you are innocent, $150 in "court costs" to be found innocent. Good 'ole Southern Justice is still at work. If you're innocent, you're still fined.......

There's not much you can do, folks. Its all about forcing you to pay to support the "system." (Judges, DAs, etc.) And, I thought taxes were supposed to do that.

If you want to make an example out of all the cop distractions, do your homework, e.g. take pictures NOW, not after your ticket. Get hold of a local newspaper reporter (or, better yet, somebody from the NY Times or Washington Post) and get them to do an article on "Official DWD" and how there's hardly room for one cop in the front seat of a patrol car with all the gear in the way.

Also, while we lived in Florida, I saw plenty of LEO cars with so much dark tint on the windows, even in bright sunlight you couldn't see anything in the car, let alone the driver. So, when darkness falls, how can the LEO adequately see out of the vehicle in all directions? Short answer: He or she can't.



73.

 

That also insures that you can't see in to determine if that really IS a legitimate, uniformed, LEO. So if you encounter that, don't stop. Drive to the nearest police station while talking to the 911 op on your cellphone. Especially if you are of the feminine persuasion.

 

NJ Call Phone Law

[QUOTE=w6em: Things are looking up in "joy-see" (local pronunciation). I wonder why they still call it the "Garden State."

I'm sick and tired of this stereotype depiction of New Jersey. The cited pronunciation is only found along the Hudson River around Jersey Ciry and Hoboken, and maybe a few miles west of there. I grew up in Hawthorne, 13 miles west of NYC, and we say New JERSEY, as most everybody else in the state. And if you really knew NJ, you'd understand why it is still the Garden State. There's more to New Jersey than the Turnpike and Route 17.

Bob HB9ASQ/WA2UPQ

 

Couldn't agree with you more.

I walk almost everywhere I go and it is close to once a week I almost get hit by someone on a cell phone. I obey the laws and use crosswalks... but most of the time I am half way across the intersection when someone comes flying around the corner with their head cocked cell phone on and jabbing away. I have also noticed its easy to tell when someone is on their cell on the highway, slowing down, speeding up and weaving from not paying attention.

 

Sorry, but you are wrong there--it USED TO BE a requirement. Today, all that is needed is to make sure you are listed in the ULS database and you're operating in the right parts of the bands for that listed license.