Posted on 07/10/2005 7:08:28 AM PDT by elkfersupper
New Jersey Legislator Wants to Ban Smoking in Your Car New Jersey legislator proposes $250 ticket for smoking while driving.
Lighting up while driving would become a crime if legislation proposed by New Jersey Assemblyman John McKeon (D-Essex) makes it into law. Assembly bill 4306 would allow police to issue an extra $250 ticket to a smoking motorist who is pulled over for a primary offense such as speeding. The bill has the heavyweight support of the Assembly's majority leader, Loretta Weinberg (D-Bergen) and has been referred to the Assembly's Transportation Committee for consideration.
McKeon, a foe of smoking, has also introduced a bill, A1281, that would prohibit tobacco and alcohol advertising within 500 feet of a school.
Legislation to curtail smoking in the Garden State has gained some momentum. In March, a state Senate committee approved a bill by a 7-0 vote that would ban smoking in public places. A similar ban is in effect in neighboring New York City. In England, police enforce a ban on driving with a cell phone, water bottle and other "distractions" with automated long-range cameras able to mail thousands of citations.
Article Excerpt: ASSEMBLY, No. 4306 As introduced. STATE OF NEW JERSEY, 211th LEGISLATURE INTRODUCED JUNE 27, 2005
Sponsored by: Assemblyman JOHN F. MCKEON, District 27 (Essex); Assemblywoman LORETTA WEINBERG, District 37 (Bergen)
SYNOPSIS: Prohibits smoking while driving.
An Act prohibiting smoking while driving and supplementing chapter 4 of Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Smoking by an operator of a moving motor vehicle on a public road or highway shall be unlawful. For the purposes of this act, "smoking" means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
b. Enforcement of this act by State or local law enforcement officers shall be accomplished only as a secondary action when the operator of a motor vehicle has been detained for a violation of Title 39 of the Revised Statutes or another offense.
c. A person who violates this section shall be fined no less than $100 nor more than $250.
d. 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.
e. 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.
2. This act supersedes and preempts all ordinances of any county or municipality with regard to smoking by an operator of a motor vehicle.
3. This act shall take effect on the first day of the seventh month after enactment, but the Chief Administrator of the New Jersey Motor Vehicle Commission may take such anticipatory actions in advance of that date as may be necessary for the timely implementation of this act.
STATEMENT This bill would prohibit smoking while operating a motor vehicle. The bill defines smoking as the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
Under the bill, enforcement by State or local law enforcement officers would be accomplished only as a secondary action when the driver has been detained for a traffic violation or another offense. The penalties for violating any provisions of this bill range from $100 to $250.
The bill specifies that no motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) would be assessed for a violation. The bill would also require the Chief Administrator of the New Jersey Motor Vehicle Commission to develop and undertake a program to notify and inform the public of its provisions.
Time for massive civil disobedience.
Ping.
What makes this Jersy guy think there'd be smokers in "my" car?
Oh my Gawd. Another Idiot Legislator! Shoot that sucker!
This is riciculous. Absolutely invasive and unconstitutional.
1. a. Smoking by an operator of a moving motor vehicle on a public road or highway shall be unlawful. For the purposes of this act, "smoking" means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
So......if it contains pot, am I okay?
Who here didn't see this coming?
In Boulder, Co. a buddy of mine got a ticket for walking on a sidewalk while smoking a cigarette.
Whataya mean? I don't let anybody smoke in my car now. If New Jersey wants to ban smoking in my car by Jerseyites I'm all for it.
Why would people want to drive all the way fron New Jersey to smoke in my car? I don't know but we are talking about Jersey.
This is just absolutely insane!
Thanks for the ping, She. I'm too torqued to post anything else right now, but I'll be watching the thread.
"Secondary offense" is just a means of getting the camel's nose under the tent - we all know how long that lasted with seat belts.
There are already laws on the books about distracted/inattentive driving......why not enforce those instead of adding new ones? The answer to that is simple - this has nothing to do with road safety and everything to do with revenue and sticking it to smokers: Social engineering at it's finest.
I have to go get some grub and drive for 4 hours. Y'all carry on. I'll check back later and I'll see if inneroutlaw will take over for me later.
We should ban people who eat or drink in their cars, that is much more distracting and impairing than a cigarette.
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That's already a seperate statute - but this would give them reason to pull you over to check out exactly what you are "smoking"
But they'v made a serious mistake here - by the words "containing tobacco" - they did that with the smoking ban in Delaware, because there are many legal products on the market that do NOT contain tobacco. I know several bars that have gotten around the smoking ban because the smoke police were unable to prove someone was smoking a tobacco containing product.
Anyone caught talking to a passenger or singing to themselves will be arrested on the spot because it's as distracting as talking on a cell phone.
Also chewing gum will be a problem since the spy cameras detect that as vocalization.
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And I bet this RAT has some habits that "I" would find despictable! Maybe the smell in New Jersey is coming from HIS breath!
STATEMENT This bill would prohibit smoking while operating a motor vehicle. The bill defines smoking as the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
If this ever caught on in Maine, then the state can pay my yearly registration on my vehicle! It's my private vehicle after all. NO one paid for it but ME. This idiot can pound sand.
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