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Darryl M. Saunders

Attorney At Law

83 Polk St.

Newark, NJ 07105

p:(973) 643-8900

f: (973) 643-2221

e:zc_sandman@yahoo.com

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Pursuant to N.J.A.C. 11:3-34.5


(a) Automobile insurance eligibility points shall be accumulated as a result of convictions, suspensions, revocations and determinations of responsibility for civil infractions in accordance with the schedule set forth in the Appendix to this subchapter herein incorporated by reference.


(b) Automobile insurance eligibility points shall be deemed to accrue as follows:


Points for an at-fault accident shall accrue on the date that total payment by the insurer equals or exceeds $500.00. An insurer may, at its option, use the date of the accident or date of first payment provided, however, that the insurer shall not underwrite or rate any policy based on the accident until total payment by the insurer equals or exceeds $500.00; and further provided that the insurer shall use the optional date consistently in all cases.
Points for conviction of motor vehicle violations and other events that are set forth on an abstract of drivers license records available from the New Jersey Division of Motor Vehicles, or comparable agency of another state, shall accrue when the event is recorded in the agency's records as evidenced by an abstract.
Points for each full year of court-imposed driver's license suspension within the preceding three years and points for each full year within the immediately preceding three years that a person has not held a driver's license shall accrue on the date of application for insurance.

(c) Automobile insurance eligibility points are cumulative and accrue for all offenses set forth on Schedules 1 and 2, except as noted on Schedule 1.


(d) Automobile insurance eligibility points set forth on Schedule 2 of the Appendix represent motor vehicle points established by the New Jersey Division of Motor Vehicles by rule, N.J.A.C. 13:19-10.1, which is hereby incorporated by reference. Any additions, deletions or modifications to N.J.A.C. 13:19-10.1 shall likewise be incorporated as of the effective date of amendment. Schedule 2 is included in the Appendix for convenience.


(e) The reference in Appendix Schedule 1 and Schedule 2 to provisions of the New Jersey Statutes Annotated is meant for convenience to assist in the quick identification of the nature of the event. If the event takes place in a state or province other than New Jersey, Schedule 1 and 2 should be consulted for identification of the specific misconduct committed and the assessment of the appropriate number of insurance eligibility points to be assessed.


(f) In addition to the motor vehicle violation and insurance eligibility points specifically enumerated on Schedule 2 of the Appendix pertaining to the New Jersey Turnpike, Atlantic City Expressway, and the Garden State Parkway, for any other motor vehicle violations that occur on the New Jersey Turnpike (N.J.A.C.19:9), the Atlantic City Expressway (N.J.A.C. 19:2-2.1), the Garden State Parkway (N.J.A.C. 19:8) or for any other moving violation at any location, Schedules 1 and 2 shall be consulted for identification of the specific misconduct committed and the determination of the appropriate number of insurance eligibility points to be assessed.


Schedule of Automobile Insurance Eligibility Points


Schedule 1


Statute
Section
Number Event Description Points
39:4-50 Operating a motor vehicle under the influence of alcohol or drugs 9
39:4-50.4 Refusal to submit to a chemical test 9
2C:11-2 Vehicular homicide 9
39:3-40 Operating a motor vehicle while driving privilege is suspended 9
39:6B-2 Operating a motor vehicle without liability insurance 9
39:6A-15 Misrepresentation of insurance coverage 9
Each at fault accident 5
For each full year of a court imposed driver's license suspension within the preceding 3 years 3
For each full year within the immediately preceding 3 years that a person has not held a driver's license 1
Involved in a fatal accident 4
39:3-37 Obtaining a driver's license or registration through deception 5
39:3-38 Make or use counterfeit plate or plates other than issued 5
39:3-38.1 Make, alter or counterfeit driver's license or registration 5
Failure to verify insurance involved in an automobile accident 2

[fn*] Points for failure to hold a driver's license in the previous three years are not cumulative to points for driver's license suspension.

Schedule 2


Statute
Section
Number Offense Points
27:23-29 Moving against traffic: New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway 2
27:23-29 Improper passing: New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway 4
27:23-29 Unlawful use of median strip: New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway 2
39:3-20 Operating constructor vehicle in excess of 30 MPH
3
39:4-14.3 Operating motorized bicycle on a restricted highway 2
39:4-14.3d More than one person on a motorized bike 2
39:4-35 Failure to yield to pedestrian in crosswalk 2
39:4-36 Failure to yield to pedestrian in crosswalk; passing a vehicle yielding to pedestrian in crosswalk 2
39:4-41 Driving through a safety zone 2
39:4-52 &;
39:5C-1 Racing on highway 5
39:4-55 Improper action or omission on grades and curves 2
39:4-57 Failure to observe direction of officer 2
39:4-66 Failure to stop vehicle before crossing sidewalk 2
39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway 2
39:4-71 Operating a motor vehicle on a sidewalk 2
39:4-80 Failure to obey direction of officer 2
39:4-81 Failure to observe traffic signals 2
39:4-82 Failure to keep right 2
39:4-82.1 Improper operating of vehicle on divided highway or divider 2
39:4-83 Failure to keep right at intersection 2
39:4-84 Failure to pass to right of vehicle proceeding in opposite direction 5
39:4-85 Improper passing on right or off roadway 4
39:4-85.1 Wrong way on a one-way street 2
39:4-86 Improper passing in no passing zone 4
39:4-87 Failure to yield to overtaking vehicle 2
39:4-88 Failure to observe traffic lanes 2
39:4-89 Tailgating 5
39:4-90 Failure to yield at intersection 2
39:4-90.1 Failure to use proper entrances to limited access highways 2
39:4-91 &
39:4-92 Failure to yield to emergency vehicles 2
39:4-96 Reckless driving 5
39:4-97 Careless driving 2
39:4-97a Destruction of agricultural or recreational property 2
39:4-97.1 Slow speed blocking traffic 2
39:4-97.2 Driving in an unsafe manner (Points only assessed for the third or subsequent violation(s) with in a five-year period) 4
39:4-98 Exceeding maximum speed 1-14 mph over limit 2*
39:4-99 Exceeding maximum speed 15-29 mph over limit 4
Exceeding maximum speed 30 mph or more over limit 5
39:4-105 Failure to stop for traffic light 2
39:4-115 Improper turn at traffic light 3
39:4-119 Failure to stop at flashing red signal 2
39:4-122 Failure to stop for police whistle 2
39:4-123 Improper right or left turn 3
39:4-124 Improper turn from approved turning course 3
39:4-125 Improper "U" turn 3
39:4-126 Failure to give proper signal 2
39:4-127 Improper backing or turning in street 2
39:4-127.1 Improper crossing of railroad grade crossing 2
39:4-127.2 Improper crossing of bridge 2
39:4-128 Improper crossing of railroad grade crossing by certain vehicles 2
39:4-128.1 Improper passing of school bus 5
39:4-128.4 Improper passing of a frozen dessert truck 4
39:4-129 Leaving the scene of an accident:
No personal injury 2
Personal injury 8
39:4-144 Failure to observe "stop" or "yield" signs 2
39:5D-4 Moving violation out-of-state 2

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The information provided on this website is for general informational purposes, and is not intended to be, nor should it be, construed as legal advice.

The information is provided to appraise the public of general information on the law. It is understood that no attorney-client relationship is entered into by sending, receiving or answering e-mail queries. It is also understood that generally a retainer agreement must be read, understood and signed by an attorney and any prospective client before an attorney-client relationship is commenced.

 

©2005  The Law Office of Darryl M. Saunders