New Jersey Legislator Wants to Ban Smoking in Your Car
NJ Proposes Banning Smoking While Driving
Jul 24, 2005
TRENTON, N.J. (AP) Ashtrays have been disappearing in cars like fins on Cadillacs, and so could smoking while driving in New Jersey, under a measure introduced in the Legislature.
Although the measure faces long odds, it still has smokers incensed and tearing into the idea as a Big Brother intrusion that threatens to take away one of the few places they can enjoy their habit.
"The day a politician wants to tell me I can't smoke in my car, that's the day he takes over my lease payments," said John Cito, a financial planner from Hackensack with a taste for $20 cigars.
Those cigars, pipes and cigarettes would become no-nos for drivers. Offenders would be stung with a fine of up to $250, under the measure, whose sponsor said it's designed more to improve highway safety than protect health.
Assemblyman John McKeon, a tobacco opponent whose father died of emphysema, sponsored the legislation. He cites a AAA-sponsored study on driver distractions in which the automobile association found that of 32,000 accidents linked to distraction, one percent were related to smoking.
In the past, McKeon has also sponsored legislation to prohibit smoking in college dormitory rooms.
His latest measure, co-sponsored by fellow Democrat, Assemblywoman Lorretta Weinberg, comes on the heels of a proposal to ban smoking in bars, restaurants and the state's casinos. The smoking while driving ban shifts the smoking debate to private property.
The measure, introduced last month just before lawmakers' summer break, faces some improbable odds for passing.
Some lawmakers may fear the bill is frivolous compared with more pressing issues like taxes, said political analyst David Rebovich.
And there's this to consider: Traffic safety groups acknowledge motorists now widely ignore the state's year-old law against using hand-held cell phones, so why would smoking be any different?
Mitchell Sklar of the New Jersey State Association of Chiefs of Police, said police departments may balk at enforcing such a law.
"In general, we'd rather not try to incrementally look at every single behavior and make those a violation," he said.
Some states, including New Jersey, have considered putting the brakes on smoking while children are in the car. But none have gone for an outright ban on smoking while driving, according to Washington, D.C.-based Action on Smoking and Health, the country's oldest anti-tobacco organization.
Earlier this year, lawmakers in Germany proposed a ban on smoking while driving as a traffic safety measure.
Smokers, feeling like easy targets, say enough already. They argue they've been forced outside office buildings, run off the grounds of public facilities, and asked to pony up more in per-pack excise taxes when states feel a budget squeeze.
"With smoking, it's becoming increasingly fashionable to target legislation or prohibitions," said George Koodray, a member of the Metropolitan Cigar Society, a 100-strong group that meets in Paterson for dinner and a smoke.
A driving ban, said suburban Chicago smoker Garnet Dawn Scheuer, is "completely asinine. It's unbelievable that they want to try it. People have been smoking in their cars since cars were invented."
Scheuer, who tracks anti-smoking measures in the Midwest and Northeast for the New Hampshire-based Smokers Club Inc., disputes the distraction argument.
"You don't have to look at a cigarette to light it," she said.
Cito, who's also a member of the cigar society, was more blunt.
"They put it all under the ruse of this other crap. It's government interference. What's next my house?" he asked.
"Maybe," said Assemblyman McKeon, "If your house was on four wheels and going 70 mph, you're right I would."
Driver-smoking ban an unfair restriction
07/22/05
I read the article regarding the plan to ban people from smoking in their cars while driving. ("Plan to ban smoking while driving lights fire under smokers," July 9.) This is meant to "curtail the use of tobacco," according to bill co-sponsor Assemblyman John McKeon, D-Essex.
Smoking is a bad habit. It''s unhealthy for the smokers and those around them, it''s dirty and it''s expensive. I don''t smoke, but both of my parents died of smoking-related illnesses. Smoking has no redeeming qualities that I can see, but this idea is going too far.
Smokers are already treated like second-class citizens, relegated to smoking areas outside their offices, public buildings and restaurants. In some communities. they''re not permitted to smoke on public beaches. If they want to smoke in their own cars that should be their right. It is ridiculous that our elected officials are wasting time and taxpayer dollars trying to initiate this legislation. Assembly co-sponsor Loretta Weinberg, D-Bergen, said she agreed to back the ban, even though she does not believe it will become law.
The solution is quite simple. To curtail use of tobacco, go to the source. Work on legislation to stop the manufacture and sale of tobacco products. Go after the tobacco companies who produce and market these products. Will that happen? No. There''s too much money in it. Tax revenues would be lost. We probably should thank smokers for their contributions to our state and federal coffers.
If this is the best McKeon and Weinberg can come up with, they''ve got too much time on their hands.
Nancy Rhinesmith
BRICK
New Jersey Legislator Wants to Ban Smoking in Your Car
July 10, 2005
New Jersey Legislator Wants to Ban Smoking in Your Car New Jersey legislator proposes $250 ticket for smoking while driving.
Lighting up while driving would become a crime if legislation proposed by New Jersey Assemblyman John McKeon (D-Essex) makes it into law. Assembly bill 4306 would allow police to issue an extra $250 ticket to a smoking motorist who is pulled over for a primary offense such as speeding. The bill has the heavyweight support of the Assembly''s majority leader, Loretta Weinberg (D-Bergen) and has been referred to the Assembly''s Transportation Committee for consideration.
McKeon, a foe of smoking, has also introduced a bill, A1281, that would prohibit tobacco and alcohol advertising within 500 feet of a school.
Legislation to curtail smoking in the Garden State has gained some momentum. In March, a state Senate committee approved a bill by a 7-0 vote that would ban smoking in public places. A similar ban is in effect in neighboring New York City. In England, police enforce a ban on driving with a cell phone, water bottle and other "distractions" with automated long-range cameras able to mail thousands of citations.
Article Excerpt: ASSEMBLY, No. 4306 As introduced. STATE OF NEW JERSEY, 211th LEGISLATURE INTRODUCED JUNE 27, 2005
Sponsored by: Assemblyman JOHN F. MCKEON, District 27 (Essex); Assemblywoman LORETTA WEINBERG, District 37 (Bergen)
SYNOPSIS: Prohibits smoking while driving.
An Act prohibiting smoking while driving and supplementing chapter 4 of Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Smoking by an operator of a moving motor vehicle on a public road or highway shall be unlawful. For the purposes of this act, "smoking" means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
b. Enforcement of this act by State or local law enforcement officers shall be accomplished only as a secondary action when the operator of a motor vehicle has been detained for a violation of Title 39 of the Revised Statutes or another offense.
c. A person who violates this section shall be fined no less than $100 nor more than $250.
d. No motor vehicle 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.
e. 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.
2. This act supersedes and preempts all ordinances of any county or municipality with regard to smoking by an operator of a motor vehicle.
3. This act shall take effect on the first day of the seventh month after enactment, but the Chief Administrator of the New Jersey Motor Vehicle Commission may take such anticipatory actions in advance of that date as may be necessary for the timely implementation of this act.
STATEMENT This bill would prohibit smoking while operating a motor vehicle. The bill defines smoking as the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
Under the bill, enforcement by State or local law enforcement officers would be accomplished only as a secondary action when the driver has been detained for a traffic violation or another offense. The penalties for violating any provisions of this bill range from $100 to $250.
The bill specifies that no motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) would be assessed for a violation. The bill would also require the Chief Administrator of the New Jersey Motor Vehicle Commission to develop and undertake a program to notify and inform the public of its provisions.
Plan to ban smoking while driving lights fire under smokers
Published in the Asbury Park Press 07/9/05
BY ROB JENNINGS
GANNETT NEW JERSEY
Two state lawmakers want to make it illegal to drive a car while smoking - a seemingly long-shot proposal that extends the tobacco debate from public places into privately owned automobiles.
The bill, A-4306, introduced on June 27, would stipulate up to a $250 fine for smoking while driving. It would be a secondary offense - enforced only if a motorist had been pulled over for a separate traffic violation or other offense.
The proposed ban is lighting a fire under smokers.
"It''s my car. I own it. Next time, will they come into my house? What''s the difference," said Eileen Gilchrist while taking a smoke break from her job in Dover last week.
There are no states that prohibit drivers from smoking inside their own vehicles, according to Action on Smoking and Health in Washington, D.C. - although lawmakers in Germany began weighing a nationwide ban two months ago.
Assemblyman John F. McKeon, D-Essex, said his bill would promote safety. He did not cite any studies linking smoking to a heightened risk of car accidents.
Jefferson Police Sgt. Eric Wilsusen, a 20-year veteran, said he couldn''t recall a single accident attributed to smoking by the driver.
McKeon, 47, who also is mayor of West Orange, acknowledged that his primary goal is "to bring focus to the ravages of tobacco."
"This is just another in a series of legislation to see what we can do to curtail the use of tobacco," said McKeon, whose father died of smoking-related emphysema two years ago.
The bill''s co-sponsor, Loretta Weinberg, D-Bergen, introduced the New Jersey Smoke-Free Air Act - a proposal to prohibit smoking in indoor public places and in workplaces that would be similar to the New York law - in January. The bill has not yet come to a vote.
Weinberg said she agreed to back a smoking-while-driving ban after McKeon broached the idea, even though she does not believe that it will become law.
ASSEMBLY, No. 4306
STATE OF NEW JERSEY
211th LEGISLATURE
INTRODUCED JUNE 27, 2005
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex)
Assemblywoman LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Prohibits smoking while driving.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting smoking while driving and supplementing chapter 4 of
Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New
Jersey:
1. a. Smoking by an operator of a moving motor vehicle on a public road
or highway shall be unlawful. For the purposes of this act, "smoking" means
the burning of a lighted cigar, cigarette, pipe or any other matter or
substance which contains tobacco.
b. Enforcement of this act by State or local law enforcement officers
shall be accomplished only as a secondary action when the operator of a
motor vehicle has been detained for a violation of Title 39 of the Revised
Statutes or another offense.
c. A person who violates this section shall be fined no less than $100
nor more than $250.
d. No motor vehicle 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.
e. 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.
2. This act supersedes and preempts all ordinances of any county or
municipality with regard to smoking by an operator of a motor vehicle.
3. This act shall take effect on the first day of the seventh month
after enactment, but the Chief Administrator of the New Jersey Motor Vehicle
Commission may take such anticipatory actions in advance of that date as may
be necessary for the timely implementation of this act.
STATEMENT
This bill would prohibit smoking while operating a motor vehicle. The bill defines smoking as the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco. Under the bill, enforcement by State or local law enforcement officers would be accomplished only as a secondary action when the driver has been detained for a traffic violation or another offense. The penalties for violating any provisions of this bill range from $100 to $250. The bill specifies that no motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) would be assessed for a violation. The bill would also require the Chief Administrator of the New Jersey Motor Vehicle Commission to develop and undertake a program to notify and inform the public of its provisions. R. L. Lesnick Gamma Investigative Research, Inc. P.O. Box 10981, Fairfield, NJ 07004 Licensed NJ GMT (Hrs Zulu) -5 (973) 227-1415 (800) 878-9393 Fax: (973) 882-0960 Domain: http://www.priveye.com E-Mail: / gamma@priveye.net / rll@priveye.net PGP key available at public key server or upon request "Crisis occurs when women and cattle get excited"...James Thurber
I first saw this story on Fox news with Shepard Smith, he was very obviously ticked off at this new level of intrusion. I sent the following email to him, which I hope begins a new level of investigative reporting against RWJF. RWJF and the non-profit charities which accept their money are going to be feeling heightened levels of scrutiny by the media as well as the general public. I''ll tell you what (specifically who) is behind the NJ bill to ban smoking behind the wheel - Robert Wood Johnson Foundation RWJF.
This story is worthy of a full investigative report. RWJF, based in NJ, has been silently funding smoking bans all around the country by quietly funneling $200,000,000.00+ thru charitable organizations like American Lung Assoc., American Cancer Society, American Medical Assoc. etc. who then lobby our lawmakers under the guise of health. But the real purpose is even more sinister -to increase Nicotrol, Nicoderm, Nicoderm CQ nicotine patch sales. You see RWJF owns 5.4 Billion dollars worth of Johnson & Johnson stock, Johnson & Johnson owns ALZA corp . in California where nearly all nicotine patches are manufactured. When smoking is banned sales of nicotine patches increase. When nicotine patch sales increase RWJF prospers, and more importantly Robert Wood Johnson IV prospers.
Read more here:
. http://cleanairquality.blogspot.com/2005/07/why-is-pharmaceutical-company-funding.html
http://cleanairquality.blogspot.com/2005/04/just-looking-out-for-your-health.htmlThe idea of Big Brother''s intrusion is bad enough, but when you look below the surface and find out that a pharmaceutical company is really behind these new laws, it makes it even more sickening.
Given the recent ruling on eminent domain how much longer before they take a house away from a smoker and give it to a non-smoker for the "greater good" to the community?
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