SENATE, No STATE OF NEW JERSEY. 208th LEGISLATURE INTRODUCED JUNE 24, 1999

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1 SENATE, No. 0 STATE OF NEW JERSEY 0th LEGISLATURE INTRODUCED JUNE, Sponsored by: Senator ANDREW R. CIESLA District (Monmouth and Ocean) Senator RICHARD J. CODEY District (Essex) SYNOPSIS Establishes certain licensing requirements for limousine drivers and additional requirements for owners of limousines. CURRENT VERSION OF TEXT As introduced.

2 S0 CIESLA, CODEY AN ACT concerning autocab, limousine and livery service and revising various parts of the statutory law. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:. Section of P.L.0, c. (C.:-.) is amended to read as follows:. For purposes of this act, a term shall have the meaning set forth in R.S.:- unless another meaning for the term is set forth in this act, or unless another meaning is clearly apparent from the language or context of this act, or unless the meaning for the term set forth in R.S.:- is inconsistent with the manifest intent of the Legislature in this act. For purposes of this act: "Alcohol concentration" means: a. The number of grams of alcohol per 0 milliliters of blood; or b. The number of grams of alcohol per liters of breath. "Commercial driver license" or "CDL" means a license issued in accordance with this act to a person authorizing the person to operate a certain class of commercial motor vehicle. "Commercial Driver License Information System" or "CDLIS" means the information system established pursuant to >the@ federal >"Commercial Motor Vehicle Safety Act of," Pub. L. -0 ( U.S.C. s. 0 et seq.)@ law, Pub.L. - ( U.S.C. s. et seq.) to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers. "Commercial motor vehicle" or "CMV" means a motor vehicle or combination of motor vehicles used or designed to transport passengers or property: a. If the vehicle has a gross vehicle weight rating of,00 or more pounds or displays a gross vehicle weight rating of,00 or more pounds; b. If the vehicle has a gross combination weight rating of,00 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than,000 pounds; c. If the vehicle is designed to transport or more passengers including the driver; d. If the vehicle is designed to transport eight or more but less than persons, including the driver, and is used to transport such persons for hire on a daily basis to and from places of employment; >or@ EXPLANATION - Matter enclosed in bold-faced brackets >thus@ in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter.

3 S0 CIESLA, CODEY e. If the vehicle has a seating capacity of not more than passengers, not including the driver, used in the business of carrying passengers for hire which is prearranged passenger transportation that is provided at a premium fare on a non-scheduled, charter basis and is not on a regular route, but does not include a vehicle with a maximum seating capacity of six passengers, including the driver, which is driven by a person who on the effective date of P.L., c. (C. ) (pending before the Legislature as this bill) has not less than two years of experience operating such a vehicle; or f. If the vehicle is transporting or used in the transportation of hazardous materials and is required to be placarded in accordance with Subpart F. of C.F.R. s., or the vehicle displays a hazardous material placard. The director may, by regulation, include within this definition such other motor vehicles or combination of motor vehicles as he deems appropriate. This term shall not include recreation vehicles. "Controlled substance" means any substance so classified under subsection () of section of the "Controlled Substances Act" ( U.S.C. s. 0), and includes all substances listed on Schedules I through V of C.F.R. s., or under P.L.0, c. (C.:- et seq.) as they may be revised from time to time. The term, wherever it appears in this act or administrative regulation promulgated pursuant to this act, shall include controlled substance analogs. "Controlled substance analog" means a substance that has a chemical structure substantially similar to that of a controlled dangerous substance and that was specifically designed to produce an effect substantially similar to that of a controlled dangerous substance. The term shall not include a substance manufactured or distributed in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of section 0 of the Federal Food, Drug and Cosmetic Act ( U.S.C. s. ). "Conviction" means a final adjudication that a violation has occurred, a final judgment on a verdict, a finding of guilt in a tribunal of original jurisdiction, or a conviction following a plea of guilty, non vult or nolo contendere accepted by a court. It also includes an unvacated forfeiture of bail, bond or collateral deposited to secure the person's appearance in court, or the payment of a fine or court costs, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated. "Disqualification" means either: a. The suspension, revocation, cancellation, or any other withdrawal by a state of a person's privilege to operate a commercial motor vehicle; b. A determination by the Federal Highway Administration under the rules of practice for motor carrier safety contained in C.F.R.

4 S0 CIESLA, CODEY s., that a person is no longer qualified to operate a commercial motor vehicle under > C.F.R. C.F.R. s.. et seq.; or c. The loss of qualification which automatically follows conviction of an offense listed in C.F.R. s... "Domicile" means that state where a person has a true, fixed, and permanent home and principal residence and to which the person intends to return whenever the person is absent. "Driver license" means a license issued by this State or any other jurisdiction to a person authorizing the person to operate a motor vehicle. "Endorsement" means an authorization to a commercial driver license required to permit the holder of the license to operate certain types of commercial motor vehicles. "Felony" means any offense under any federal law or the law of a state, including this State, that is punishable by death or imprisonment for a term exceeding one year. The term includes, but is not limited to, "crimes" as that term is defined in the "New Jersey Code of Criminal Justice," N.J.S.C:- et seq. "Foreign jurisdiction" means any jurisdiction other than a state of the United States. "Gross vehicle weight rating" or "GVWR" means the value specified by a manufacturer as the loaded weight of a single or a combination (articulated) vehicle, or the registered gross weight, whichever is greater. The GVWR of a combination (articulated) vehicle, commonly referred to as the "gross combination weight rating" or "GCWR," is the GVWR of the power unit plus the GVWR of the towed unit or units. In the absence of a value specified for the towed unit or units by the manufacturer, the GVWR of a combination (articulated) vehicle is the GVWR of the power unit plus the total weight of the towed unit, including the loads on them. "Hazardous material" means a substance or material determined by the Secretary of the United States Department of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and so designated pursuant to the provisions of the >"Hazardous Materials Transportation Act" ( U.S.C. s. et seq.).@ "Hazardous Materials Transportation Authorization Act of," Pub.L.- (C. U.S.C. s. et seq.). "Motor vehicle" includes all vehicles propelled otherwise than by muscular power, except such vehicles as run only upon rails or tracks. The term "motor vehicle" includes motorized bicycles. "Out of service order" means a temporary prohibition against operating a commercial motor vehicle. "Recreation vehicle" means a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal

5 S0 CIESLA, CODEY conveyance. "Representative vehicle" means a motor vehicle which represents the type of motor vehicle that a commercial driver license applicant operates or expects to operate. "Serious traffic violation" means conviction for one of the following offenses committed while operating a commercial motor vehicle: a. Excessive speeding, involving any single offense for a speed of miles per hour or more above the speed limit; b. Reckless driving, as defined by state or local law or regulation, including, but not limited to, offenses of driving a commercial motor vehicle in willful or wanton disregard of the safety of persons or property, including violations of R.S.:-; c. Improper or erratic traffic lane changes; d. Following a vehicle ahead too closely, including violations of R.S.:-; e. A violation, arising in connection with a fatal accident, of state or local law relating to motor vehicle traffic control, other than a parking violation; or f. Any other violation of a state or local law relating to motor vehicle traffic control determined by the Secretary of the United States Department of Transportation in C.F.R. s.. to be a serious traffic violation. This term shall not include vehicle weight or defect violations. "State" means a state of the United States or the District of Columbia. "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks as defined by the director. However, this definition does not include portable tanks having a rated capacity under,000 gallons. "Vehicle group" means a class or type of vehicle with certain operating characteristics. (cf: P.L.0, c., s.). R.S.:- is amended to read as follows: :-. Except as provided in section of P.L., c. (C.:-.), as used in this article: "Autocab" means and includes any automobile or motor car with a >carrying@ seating capacity of not more than >nine@ passengers, not including the driver, used in the business of carrying passengers for hire which is >held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this State, and which is hired by charter or for a particular contract, or by the day or hour or other fixed period, or to transport passengers to

6 S0 CIESLA, CODEY a specified place or places, or which charges a fare or price agreed upon in advance between the operator and the passenger@ prearranged passenger transportation that is provided at a premium fare on a nonscheduled, charter basis and is not on a regular route. Nothing in this article contained shall be construed to include taxicabs, hotel buses or buses employed solely in transporting school children or teachers or autobuses which are subject to the jurisdiction of the Board of Public Utilities, or interstate autobuses required by federal or State law or rules of the Board of Public Utilities to carry insurance against loss from liability imposed by law on account of bodily injury or death. "Limousine or livery service" means and includes the business of carrying passengers for hire by autocabs. "Person" means and includes any individual, copartnership, association, corporation or joint stock company, their lessees, trustees or receivers appointed by any court whatsoever. "Street" means and includes any street, avenue, park, parkway, highway, or other public place. (cf: P.L., c., s.). Section of P.L., c. (C.:-.) is amended to read as follows:. In a county of the first class with a population density of over,000 persons per square mile, according to the latest federal decennial census, "autocab" means and includes any automobile or motor car with a >carrying@ seating capacity of not more than >nine@ passengers, not including the driver, which is issued special registration plates bearing the word "livery" pursuant to section of P.L., c. (C.:-.) and is engaged in the business of carrying passengers for hire, which is >held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this State and which is hired by charter or for a particular contract or by the day or hour or other fixed period, on a prearranged basis for proms, weddings, funerals, or to transport passengers to and from airports, other passenger stations or motels and hotels, and for which a price is agreed upon in advance@ prearranged passenger transportation that is provided at a premium fare on a non-scheduled, charter basis and is not on a regular route. (cf: P.L., c., s.). R.S.:- is amended to read as follows: :-. No autocab, limousine or livery service shall be operated wholly or partly along any street in any municipality until the owner of the autocab, limousine or livery service shall have filed with the >clerk of the municipality in which the owner has his principal place of business@ Division of Motor Vehicles, an insurance policy of a company duly licensed to transact business under the insurance laws

7 S0 CIESLA, CODEY of this State in the sum of >$0,000.00@ $,00,000 against loss by reason of the liability imposed by law upon every autocab, limousine or livery service owner for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of the autocab, limousine or livery service upon any public street. Such operation shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amount of >$0,000.00@ $,00,000. The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of such autocab, limousine or livery service or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid. (cf: P.L., c., s.). R.S.:- is amended to read as follows: :-. The owner of the autocab, limousine or livery service shall execute and deliver to the >clerk of the municipality, in which the owner has his principal place of business@ Division of Motor Vehicles, concurrently with the filing of a policy or bond referred to in >section@ R.S.:- >of this Title@, a power of attorney, wherein and whereby the owner shall appoint the >chief fiscal officer of the municipality@ Director of the Division of Motor Vehicles his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy or bond filed. (cf: P.L., c., s. ). R.S.:- is amended to read as follows: :-. The >clerk of the municipality, in which the owner has his principal place of business@ Division of Motor Vehicles, upon the filing of the required insurance policy or bond, shall issue a certificate in duplicate showing that the owner of the autocab, limousine or livery service has complied with the terms and provisions of this article. The certificate shall recite the name of the insurance company, the number and date of expiration of the policy or bond, a description of every autocab, limousine or livery service insured thereunder, and the registration number of the same. The duplicate certificate shall be filed with the Division of Motor Vehicles before any such car is registered as an autocab, limousine or livery service. The original certificate shall be >posted in a conspicuous place@

8 S0 CIESLA, CODEY retained within the autocab, limousine or livery service. (cf: P.L., c., s.). R.S.:- is amended to read as follows: :-. a. Any person who shall operate an autocab, limousine or livery service in any street in this State without complying with the provisions of this article >shall be guilty of a misdemeanor@ is liable to a penalty of not more than $,000 for a first offense and not more than $,000 for a second or subsequent offense. b. The fines collected pursuant to subsection a. of this section shall be annually appropriated to the Division of Motor Vehicles for the purpose of implementing the provisions of R.S.:- et seq. (cf: P.L., c., s.). N.J.S.C:- is amended to read as follows: C:-. Smoking in Public. a. Any person who smokes or carries lighted tobacco in or upon any bus, autocab, limousine or livery service as defined in R.S.:-, or other public conveyance, except group charter buses >,@ and specially marked railroad smoking cars, >limousines or livery services, and, when the driver is the only person in the vehicle, autocabs,@ is a petty disorderly person. b. Any person who smokes or carries lighted tobacco in any public place, including but not limited to places of public accommodation, where such smoking is prohibited by municipal ordinance under authority of R.S. 0:- and 0:- or by the owner or person responsible for the operation of the public place, and when adequate notice of such prohibition has been conspicuously posted, is guilty of a petty disorderly persons offense. Notwithstanding the provisions of N.J.S. C:-, the maximum fine which can be imposed for a violation of this section is $ c. The provisions of this section shall supersede any other statute and any rule or regulation adopted pursuant to law. (cf: P.L., c., s.). (New section) Except as otherwise provided by reciprocity agreement or arrangement entered into by the Director of the Division of Motor Vehicles in the Department of Transportation or by a declaration issued by him, no autocab, limousine or livery service as defined in R.S.:- registered in another state or the District of Columbia and whose principal place of business is in a jurisdiction which requires the payment of a registration fee or fees or taxes of any nature from an owner of an autocab, limousine or livery service properly registered in this State for the operation of that vehicle on the highways of the other state or district, as the case may be, shall be operated on the highways of this State unless a fee is paid to the director, equal in amount to the fee or tax collected by the authorized

9 S0 CIESLA, CODEY official or body of the other jurisdiction for the operation on its highways of the autocab, limousine or livery service properly registered in this State. Motor fuels and motor fuels use taxes, taxes based on income, and property taxes shall be excluded under this section.. (New section) No autocab, limousine or livery service as defined in R.S.:- shall be operated on the highways of this State unless it is equipped, in accordance with minimum standards established by the Director of the Division of Motor Vehicles in the Department of Transportation, with: a. a two-way communications system, which, at a minimum, shall provide for communication to a person outside the vehicle for a distance of not less than 0 miles; b. a removable first-aid kit, which shall be placed in an accessible place within the vehicle; c. sideboards attached to the permanent body construction of the vehicle if the height of the vehicle floor is inches or more above ground level.. (New section) No autocab, limousine or livery service as defined in R.S.:- shall be operated on the highways of this State if, on or after the effective date of this act, the vehicle exceeds the gross vehicle weight established by the original equipment manufacturer for that vehicle unless the owner of the vehicle demonstrates that the vehicle conforms to all applicable federal and State motor vehicle standards at the time of registration.. (New section) Notwithstanding the provisions of R.S.:- to the contrary, an autocab, limousine or livery service as defined in R.S.:- shall be inspected annually.. (New section) a. There is created in the Department of Transportation a State Limousine Advisory Board consisting of nine members, seven of whom shall be appointed by the Governor with the advice and consent of the Senate. The membership of the board shall be as follows: the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, or his designee, who shall serve ex officio; the Director of the Division of Motor Vehicles in the Department of Transportation, or his designee, who shall serve ex officio; and the seven appointed members, including three representatives of the South Jersey Limousine Association, one of whom shall represent a company with not more than six limousines, one of whom shall represent a company of more than six but not more than limousines, and one of whom shall represent a company with more than limousines; three representatives from the New Jersey

10 S0 CIESLA, CODEY Limousine Association, one of whom shall represent a company with not more than six limousines, one of whom shall represent a company of more than six but not more than limousines, and one of whom shall represent a company with more than limousines; and a representative from a company of coachbuilders. The term of office of each appointed board member shall be four years; except that of the members first appointed, three shall serve for four years, two shall serve for three years, and two shall serve for two years. Vacancies shall be filled for the unexpired terms only. No member may be appointed for more than two consecutive terms. The organization, meetings and management of the board shall be established in regulations promulgated by the Director of the Division of Motor Vehicles. The officers and members of the board shall not be compensated, but shall be reimbursed for actual expenses reasonably incurred in the performance of their duties. The Director of the Division of Motor Vehicles shall provide staffing and any administrative assistance that he may deem necessary in order for the board to carry out its duties pursuant to this act. b. The duties of the board shall be as follows: to recommend to the Director of the Division of Motor Vehicles regulations necessary to effectuate the provisions of this act; to make recommendations for promoting public safety in the operation of autocab, limousine or livery service; to participate in the formulation of rules and regulations, the hearing of grievances, and the establishment of standards for the operation of autocab, limousine or livery service; and to oversee the implementation of this act by the Director of the Division of Motor Vehicles.. R.S.:- through R.S.:-0 are repealed.. This act shall take effect on the th day following enactment. STATEMENT This bill revises the definition of autocab in the statutes. The bill redefines autocab as any automobile or motor car with a seating capacity of not more than passengers, not including the driver, used in the business of carrying passengers for hire which is prearranged passenger transportation that is provided at a premium fare on a nonscheduled, charter basis and is not on a regular route. The bill also amends the "New Jersey Commercial Driver License Act," P.L.0, c. (C.:-. et seq.), which requires drivers of commercial motor vehicles to obtain a commercial driver license, by changing the definition of "commercial motor vehicle" to include

11 S0 CIESLA, CODEY autocabs as redefined. This definition does not include a vehicle with a maximum seating capacity of six passengers, including the driver, which is driven by a person who on the effective date of this bill has not less than two years of experience operating such a vehicle. This bill requires, then, that the drivers of autocabs comply with the provisions of the act, and obtain a commercial driver license. In addition, the bill authorizes the Director of the Division of Motor Vehicles in the Department of Transportation to impose "counterpart fees" on limousine and livery companies licensed in jurisdictions outside of this State and whose principal place of business is in a jurisdiction which applies certain fees or taxes against vehicles properly registered in New Jersey when they operate in that jurisdiction. Further, the bill stipulates that no autocab, limousine or livery service shall operate along any street in any municipality unless the owner of any such service carries liability insurance in an amount of $,00,000 for damages on account of bodily injury or death suffered by any person as a result of an accident occurring by reason of the ownership, maintenance or use of the autocab, limousine or livery service upon any public street. Under current law, the liability coverage required of an owner is $0,000. In addition, the bill stipulates that an autocab, limousine or livery service shall file the required insurance policy with the Division of Motor Vehicles rather than, as currently required, with the clerk of the municipality in which the owner has his principal place of business. Also, the bill provides that it is a petty disorderly persons offense for any person to smoke tobacco in an autocab, limousine or livery service. The bill also requires that an autocab, limousine or livery service shall be inspected annually. Under current law, most classes of vehicles are required to be inspected biennially. The bill requires, in addition, that limousine and livery operators equip each of their vehicles with a two-way communications system, a removable first-aid kit and sideboards attached to the permanent body construction of the vehicle if the height of the vehicle floor is inches or more above ground level. Furthermore, this bill states that no autocab, limousine or livery service shall be operated on the highways of this State if, on or after the effective date of this act, the vehicle exceeds the gross vehicle weight limit established by the original equipment manufacturer for that vehicle, unless the owner of the vehicle demonstrates that the vehicle conforms to all applicable federal and State motor vehicle standards at the time of registration. The bill also repeals R.S.:- through R.S.:-0. R.S.:- provides that when an autocab, limousine or livery service operates in more than one municipality, the insurance policy

12 S0 CIESLA, CODEY required pursuant to R.S.:- shall be filed with the clerk of the municipality in which the owner has his principal place of business. R.S.:- and R.S.:-0 relate to conditions under which an autocab, limousine or livery service may carry its own liability insurance.