Assembly Democrats

ASSEMBLY ADVANCES COMMUTER VAN SAFETY MEASURES
Legislation Would Mitigate Safety Threat Posed by Van Services for Day-Laborers

(TRENTON) - The General Assembly today passed several bills of a sweeping legislative package that aims to increase the safety and security of commuter van services used by many day-labor employers.ASSEMBLY DEMOCRATS
NEWS RELEASE

FOR RELEASE:
June 26, 2006

CONTACT:
Assemblyman Wisniewski
(732) 316-1885
Assemblyman Prieto
(201) 770-1303
Assemblywoman Stender
(908) 668-1900
Assemblywoman Voss
(201) 346-6400
James Sverapa IV
(609) 292-7065

ASSEMBLY ADVANCES COMMUTER VAN SAFETY MEASURES
Legislation Would Mitigate Safety Threat Posed by Van Services for Day-Laborers

(TRENTON) - The General Assembly today passed several bills of a sweeping legislative package that aims to increase the safety and security of commuter van services used by many day-labor employers.

The package of bills was crafted following news reports last year that uncovered startling and serious concerns regarding the safety of the van fleets that shuttle low-income day laborers to and from work. According to police reports cited in the articles, nearly 97 percent of the 209 commuter vans pulled over for roadside safety spot checks were either in violation of state registration and licensing regulations or simply deemed to be so unsound as to be unsafe to drive.

"Over 12,000 people are riding to and from work in commuter vans that are grossly unsafe," said Assemblyman John S. Wisniewski (D-Middlesex), chairman of the Assembly Transportation and Public Works Committee. "For the sake of all motorists and pedestrians, we need to engage this emerging trend of unsafe vans on our roadways."

The measures focus on increasing the penalties for operating unsafe or illegally licensed and unregistered commuter vans, enhancing public awareness of van safety issues, and amending current laws to fix regulatory loopholes.

The first bill (A-1321/2980/2981) would increase fines for transporting passengers for hire; create additional fines for transporting passengers for hire without a required certificate of public convenience and necessity; and dedicate those additional fines to an Omnibus Safety Enforcement Fund to be created in the Department of the Treasury and to be used exclusively by the state Motor Vehicle Commission to administer and enforce the provisions of this legislation. The measure is sponsored by Wisniewski, Assemblyman Vincent Prieto, and Assemblywoman Linda Stender.

Specifically, the legislation would impose an additional $150 fine on any driver, operator, or owner of a commuter van who does not have a certificate of public convenience and necessity or who is operating a commuter van or omnibus with vehicle equipment violations. Examples of equipment covered by this legislation includes headlights, turn signals, brakes, horns, mufflers, side-and rear-view mirrors, tires, windows, and seat belts. The bill increases the fines for transporting passengers for hire without an omnibus registration to $250 from $25 for a first offense and to $500 from $100 for subsequent offenses and allows any vehicle in violation to be impounded. It also would increase the fine to $250 from $150 for van drivers who fail to produce a driver's license, insurance identification card, or registration certificate. The Assembly passed the measure 78-0-2.

A second bill (A-2977) - sponsored by Prieto and Wisniewski - would enhance public awareness on the dangers of illegally operated commuter vans through an English and Spanish education campaign on van safety to be created by the Department of Transportation (DOT). The measure cleared the Assembly by a 79-0-1 vote.

A third measure (A-2979) would revise the applicable penalties for operating a van or autobus without a valid certificate of public convenience and necessity. Currently, applicable fines are based on consecutive days of violation, which is hard to enforce and harder to prove because it requires almost daily detection. The bill would amend the penalty schedule to $500 for a first offense, $750 for a second offense, and $1,000 for third and subsequent offenses. The bill, sponsored by Wisniewski, Prieto, and Assemblywoman Joan Voss, passed unanimously.

"Commuter van operators need to maximize safety before maximizing profits," said Prieto (D-Hudson). "Safe, reliable transportation in our state is a necessity, not an afterthought."

"If owners and operators start paying through the nose for failing to maintain or repair their van pools, it may make them think twice before putting unsafe vehicles on our roads," said Stender, the vice-chair of the Assembly Transportation and Public Works Committee. "Tougher penalties for breaking the law and allowing these unsafe conditions could mean the difference between a seven-passenger van and a seven-person deathtrap."

"We require other passenger transportation service vehicles like limousines and taxi cabs to adhere to strict maintenance and safety guidelines," said Voss (D-Bergen). "Van and bus pools serving day-laborers should be no different."

The legislation now heads to the Senate for further consideration.

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