Monday, July 16, 2018

NJ Car Insurance Points in addition to Points imposed by NJ MVC.

NJ Car Insurance Points in addition to Points imposed by NJ MVC.
These points are not the same as those on your driving record maintained by the New Jersey Motor Vehicle Commission. Insurers assign insurance eligibility points to drivers for motor vehicle violations, suspensions and at-fault accidents. 
Schedule of Automobile Insurance Eligibility Points





N.J.S.A.
Event Description
DMV Event
Points
Section

Identifier(s)

Number

If applicable

If applicable







39:4-50
Operating a motor vehicle under the
0450; 3261
9

influence of alcohol or drugs


39:4-50.4
Refusal to submit to a chemical test
4504
9
2C:11-2
Vehicular homicide
C115
9
39:3-40 a
Operating a motor vehicle while driving
0340
9
through h and j
privilege is suspended










39:6B-2
Operating a motor vehicle without
06B2
9

liability insurance


39:6A-15
Misrepresentation of insurance coverage
6A15
9

Each at fault accident

5

* For each full year of a court

3

imposed driver's license suspension



within the preceding 3 years



* For each full year within the

1

immediately preceding 3 years that a



person has not held a driver's license



Involved in a fatal accident
EFTL;
4


NFTL
2

39:3-37
Obtaining a driver's license or
0337; 0312;
5

registration through deception
05D5; 1312;



MSNJ; MSOS

39:3-38
Make or use counterfeit plate or plates
0338
5

other than issued


39:3-38.1
Make, alter or counterfeit driver's
3381
5

license or registration



Failure to verify insurance involved in
FVIA
2

an automobile accident






.....



* 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
N.J.S.A. Section
Offense
Points
Number





27:23-29
Moving against traffic--New Jersey Turnpike, Garden
2

State Parkway, and Atlantic City Expressway

27:23-29
Improper passing--New Jersey Turnpike, Garden State
4

Parkway, and Atlantic City Expressway

27:23-29
Unlawful use of median strip--New Jersey Turnpike,
2

Garden State Parkway, and Atlantic City Expressway

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
2

a vehicle yielding to pedestrian in crosswalk

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
2

entering or leaving highway

39:4–66.2
Driving on public or private property to avoid a traffic sign or signal
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
2

divider

39:4-83
Failure to keep right at intersection
2
39:4-84
Failure to pass to right of vehicle proceeding in
5

opposite direction

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
2

highways

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
39:4-98 & 39:4-99
Exceeding maximum speed 1-14 mph over limit
2

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
2

certain vehicles

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

N.J.A.C. 11:3-34.5 (2015)

§ 11:3-34.5 Automobile insurance eligibility points

   (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 eligibility points are cumulative and accrue for all violations and occurrences set forth on Schedules 1 and 2. Automobile insurance eligibility points shall be deemed to accrue as follows:

1. Points for an at-fault accident shall accrue on the date that total payment by the insurer equals or exceeds $ 1,000 or such other amount as may be prescribed by Order of the Commissioner issued pursuant to N.J.S.A. 17:33B-14. The amount under such Order shall be reflected in this paragraph through a notice of administrative change published in the New Jersey Register. 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 $ 1,000, and further provided that the insurer shall use the optional date consistently in all cases.

2. 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 Motor Vehicle Commission, or a comparable agency of another state, shall accrue when the event is recorded in the agency's records as evidenced by an abstract.

3. When an eligible person is involved in an at-fault accident and has not accrued any eligibility points during the three-year period immediately preceding the date of that accident, no eligibility points for a two- or three-point violation, as set forth in Schedule 2 of the Appendix, shall accrue along with the points assessed in accordance with Schedule 1 for the at-fault accident, when the violation arises out of the same incident which results in the assessment of points for the at-fault accident. However, violations that arise out of the same incident may be considered by insurers for purposes of tier placement pursuant to N.J.A.C. 11:3-19A.

4. 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. However, in accordance with Schedule 1, eligibility points assessed for failure to hold a drivers' license in the previous three years are not cumulative to points assessed for the suspension of a drivers license.

(c) Automobile insurance eligibility points set forth on Schedule 2 of the Appendix represent motor vehicle points established by the New Jersey Motor Vehicle Commission 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.

(d) 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.

(e) 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.

- Each at fault accident 5

- Failure to verify insurance involved in an automobile accident 2

- For each full year of a court imposed driver's license suspension 3

- Involved in a fatal accident 4


Traffic Tickets
Motor Vehicle Points - Will They Be Assessed Against You?

With certain motor vehicle tickets, if you plead guilty or are convicted of certain motor vehicle offenses, DMV or the Division of Motor Vehicles will assess points against your driver's license.
These points can range anywhere from two (2) points for each offense all the way up to eight (8) points. Some examples of common point assessments include the following:
Careless Driving (2 points)
Failure to signal (2 points)
Failure to yield to pedestrian in a cross-walk (2 points) Improper passing (4 points)
Improper passing of school bus (5 points)
Improper passing of a frozen dessert truck (5 points) Improper turn (3 points)
Leaving the scene of an accident with personal injuries (8 points)
Racing on a highway (5 points) Reckless Driving (5 points)
Speeding (anywhere from 2 points to 5 points, depending upon your speed)
Tailgating (5 points)
 
Q.: What are the ramifications of accumulating motor vehicle points?

A.: First off, losing your driver's privileges. If you accumulate 12 or more points, the Division of Motor Vehicles will suspend your driving privileges for at least thirty (30) days if not more.

Q: How can one reduce the amount of points on their driver's license?

A: Any time you are given a ticket for a motor vehicle offense, simply do not simply do not pay it, consult with an attorney because the penalties and points involved in a guilty plea and/or finding of a guilty plea could have a negative as well as financial impact on your driver's privileges.
 
There are generally three (3) ways to reduce your motor vehicle points:
1) Based upon the mere passage of time. For every year that a driver can go without receiving a new violation, you will receive a three (3) point credit;
2) A driver may also receive a two (2) point credit by completing an authorized defensive driving course; and
3) You can receive a three (3) point credit if you successfully complete a driver improvement course.

NJ DMV/MVC Points Schedule is below.
NJ 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
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
N.J.S.A.
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 bicycle
2
39:4-35
Failure to yield to pedestrian in crosswalk
2
39:4-36
Failure to yield to pedestrian in crosswalk
2
39:4-41
Driving through 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
39:4-66.2
Operating a motor vehicle on public or private property to avoid a traffic control signal or sign
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 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) within a five year period)
4
39:4-98
39:4_99
Exceeding maximum speed 1_14 mph over limit

Exceeding maximum speed 15_29 mph over limit

Exceeding maximum speed 30 mph or more over limit
2

4

5

39:4_105
Failure to stop for traffic light
2
39:4_115 39.
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
9:4_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
Personal injury

2
8
39:4_144
Failure to observe "stop" or "yield" signs
2
39:5D_4 54.
Moving violation Out-of-State