State v. Lyons

• Decision Date: 22 August 1977
• Citation: 152 N.J.Super. 533,378 A.2d 83
• Parties: STATE of New Jersey, Plaintiff, v. Patrick LYONS, Defendant.
• Court: New Jersey County Court

Page 533

152 N.J.Super. 533

378 A.2d 83

STATE of New Jersey, Plaintiff, v. Patrick LYONS, Defendant.

Morris County Court, New Jersey.

Aug. 22, 1977.

Craig V. O'Connor, Asst. County Prosecutor of Morris County, for State of N. J., Morristown (Peter D. Manahan, Prosecutor of Morris County, attorney).

Stuart C. Nisenson, Wayne, for defendant (Donald A. Rosenfelt, Wayne, attorney).

STANTON, J. C. C.

This case raises the question whether a person who operates a motorized bicycle (moped) while under the influence of intoxicating liquor may be found guilty of violating the Drunken Driver Statute, N.J.S.A. 39:4-50, which provides penalties for a person "who operates a motor vehicle while under the influence of intoxicating liquor". There is no controlling appellate court authority. In a reported opinion the Camden County Court has concluded that an intoxicated moped driver is not guilty of violating the statute. State v. Gilfesis, 148 N.J.Super. 369, 372 A.2d 680 (Cty.Ct.1977). In the present case I conclude that an intoxicated moped driver is guilty of violating the statute.

This is an appeal from a judgment of conviction in the Municipal Court of the Township of Jefferson. It is a trial de novo on the record below. This opinion supplements the oral opinion which I gave at the hearing of this case, and it must be made part of the record on any appeal to the Appellate Division. See R. 2:5-1(b).

The evidence establishes beyond a reasonable doubt that defendant did, as charged, operate a moped on September 10, 1976, on a public roadway, while under the influence of intoxicating liquor. On that occasion defendant was involved in a near-miss accident with an automobile, fell off his moped and injured himself.

The language of the Drunken Driver State, N.J.S.A. 39:4-50, applies to a person "who operates a motor vehicle while under the influence of intoxicating liquor". (Emphasis supplied.) Prior to 1975 the general definitional section of Title 39 defined "motor vehicle" to include "all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks." N.J.S.A. 39:1-1. The same section defined "vehicle" to include "every device in, upon or by which a person or property may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks." It is clear that under pre-1975 definitions a moped would be classified as a motor vehicle.

In 1975 the Legislature adopted an act which had originated as Assembly Bill No. 1071. L.1975, c. 250. This act added to N.J.S.A. 39:1-1 a provision defining a "motorized bicycle" as "a pedal bicycle having a helper motor characterized in that the maximum piston displacement is less than 50 cc. rated no more than 1.5 brake horsepower and capable of a maximum speed of no more than 25 miles per hour." The act also changed the motor vehicle definition of N.J.S.A. 39:1-1 so that it now included "all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles." A parallel change was made in the definition of "vehicle". Thus, in terms of definition, the 1975 act removed mopeds from the class of motor vehicles. Since N.J.S.A. 39:4-50 speaks in terms of a person who operates a "motor vehicle," it would seem that, in terms of a literal reading of definitional provisions, the Drunken Driver Statute does not apply to the driver of a moped.

That, however, is not the end of the matter, because there are statutory provisions other than definitional ones which must be considered. In addition to changing definitional terms, L.1975, c. 250 also provided as follows:

a. Motorized bicycles shall not be used upon interstate and primary highways or upon the railroad or right-of-way of an operating railroad within the State of New Jersey.

b. Motorized bicycles shall not be operated by a person under 15 years of age.

c. Regulations applicable to bicycles shall apply whenever a motorized bicycle is operated upon any public road or upon any path set aside for the exclusive use of motorized bicycles. (N.J.S.A. 39:4-14.3)

Because the 1975 act imposed upon moped operators the regulations applicable to bicycles, it is necessary to consult N.J.S.A. 39:4-14.1, the statutory section dealing with bicycles. That section reads as follows:

Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by chapter four of Title 39 of the Revised Statutes and all supplements thereto except as to those provisions thereof which by their nature can have no application.

Regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.

My analysis of the language of L.1975, c. 250 leads me to believe that the Legislature intended in adopting that act to do nothing more than permit mopeds to be used by persons 15 years of age and older without registering the machines as motor vehicles and without requiring their drivers to be tested and licensed as motor vehicle operators. There is nothing at all in the legislation indicating an intent to exempt mopeds from the rules governing the safe operation of vehicles. Indeed, the contrary is true; the Legislature specifically subjected mopeds to the rules governing the safe operation of vehicles.

A reading of the statement attached to Assembly Bill 1071 by both the Senate and the Assembly Committees on Transportation and Communications supports that analysis. In pertinent part, the statement reads:

Motorized bicycles offer safe convenient and economical local transportation. The United States Department of Transportation's National Highway Safety Administration has recently adopted equipment standards applicable to the particular characteristics of the motorized bicycle. The adoption of these standards enables the importation and sale of motorized bicycles and the purpose of this bill is to enable New Jersey residents to have similar privileges as residents of several other states, Canadian provinces, and many nations of the world as regards the purchasing and operation of such bicycles.

This bill establishes a classification for motor-assisted pedal bicycles (motorized bicycles) in the New Jersey Motor Vehicle Code. Residents 15 years of age and older would be permitted to operate motorized bicycles on roads other than interstate and primary highways.

The official fiscal note to Assembly Bill 1071 reads:

The Official Copy Reprint of Assembly Bill No. 1071 regulates and defines "mopeds."

The Department of Law and Public Safety states that no dollar estimate can be made since this bill merely defines the term "moped" and subjects their operation to the rights and obligations imposed on bicycle operation under Title 39. It is possible that enforcement expenses and revenues may increase for "moped" operators who violate Title 39 but, at present, there is no experience upon which to base projections.

The press statement issued by the Governor on October 31, 1975 when he signed Assembly Bill 1071 into law closely parallels the previously quoted legislative statements and adds nothing new.

It should be noted that the Legislature obviously regarded mopeds as being more difficult to operate and as more dangerous than bicycles. This is shown by the prohibition of their use by persons less than 15 years of age.

In her opinion in State v. Gilfesis, Judge Talbott ruled that the use of the precise phrase "motor Vehicle" in the specific statute in question, the Drunken Driver Statute, N.J.S.A. 39:4-50, is more...