New Jersey § 39:4-97

§ 39:4-97.

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. Nothing in P.L.2003, c. 310 ( C.39:4-97.3 et seq. ) shall apply to the use of a citizen's band radio or two-way radio by an operator

of a moving commercial motor vehicle or authorized emergency vehicle on a public road

or highway. 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: “ Citizen's band radio ” means a mobile communication device designed to allow for the transmission and receipt

of radio communications on frequencies allocated for citizen's band radio service

use. “ 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. “ Two-way radio ” means two-way communications equipment that uses VHF frequencies approved by the

Federal Communications Commission. “ 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 as follows: (1) for a first offense, not less than $200 or more than $400; (2) for a second offense, not less than $400 or more than $600; and (3) for a third or subsequent offense, not less than $600 or more than $800. For a third or subsequent violation, the court, in its discretion, may order the person

to forfeit the right to operate a motor vehicle over the highways of this State for

a period of 90 days. In addition, a person convicted of a third or subsequent violation shall be assessed

three motor vehicle penalty points pursuant to section 1 of P.L.1982, c. 43 ( C.39:5-30.5 ). A person who has been convicted of a previous violation of this section need not be

charged as a second or subsequent offender in the complaint made against him in order

to render him liable to the punishment imposed by this section on a second or subsequent

offender, but if the second offense occurs more than 10 years after the first offense,

the court shall treat the second conviction as a first offense for sentencing purposes

and if a third offense occurs more than 10 years after the second offense, the court

shall treat the third conviction as a second offense for sentencing purposes . e. Except as provided in subsection d. of this section, no motor vehicle penalty 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. Notwithstanding the provisions of R.S.39:5-41 , the fines assessed pursuant to subsection d. of this section shall be collected

by the court and distributed as follows: 50 percent of the fine imposed shall be

paid to the county and municipality wherein the violation occurred, to be divided

equally, and 50 percent of the fine imposed shall be paid to the State Treasurer,

who shall allocate the fine monies to the chief administrator to be used for this

public education program, which shall include informing motorists of the dangers of

texting while driving. 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.