LICENSE PLATES

39A:LP-1. Definitions

“Disabled Veteran” means any citizen and resident of this State honorably discharged or released from active service in any branch of the Armed Forces of the United States who has been or shall be declared by the United States Veterans Administration, or its successor, to have a service-connected disability.

“Historic motor vehicle” is a motor vehicle at least 25 years old, owned as a collector’s item, and used solely for exhibition and educational purposes by the owner.

“Non-standard license plates” means any license plate on which the design or the markings are requested by an applicant, rather than routinely issued by the MVC, including vehicle-type license plates, occupation-type license plates, military-type license plates, non-profit organization-type license plates, and specialty funding license plates.

“Street rod” is a registered modified antique automobile manufactured before 1949.

Source: 39:3-27.3; 39:3-27.15; 39:3-27.27.

COMMENT

This section includes definitions specific to the license plate sections of Title 39, found in chapter 3, article 2. The only substantive difference in this section is the addition of a definition of “non-standard license plates” as a category including vehicle, occupation, military, non-profit organization and specialty funding license plates for ease of reference in later sections of this chapter when the requirements for all of those license plates are identical.

The terminology may need to be revised after comments are received.

39A:LP-2. License plates; display

a. A motor vehicle driven on the public highways of this State shall display a license plate furnished by the MVC. The plate shall hang between 12 and 48 inches from the ground in a horizontal position and shall be attached so it does not swing. The rear license plate may be displayed more than 48 inches from the ground on tank trucks, trailers and other commercial vehicles carrying flammable liquids and on sanitation vehicles used to collect, transport and dispose of solid waste.

b. If two license plates are issued, they shall be displayed on the front and rear of the vehicle; if only one license plate is issued it shall be displayed on the rear of the vehicle.

c. All license plate markings shall be clear and distinct so they are plainly visible at all times. No person shall drive a motor vehicle with a license plate frame or other item that obscures any marking imprinted upon the license plate.

d. A person shall not drive a motor vehicle that does not comply with this section or a vehicle displaying a fictitious plate or a plate other than that designated for the vehicle in question. During the time between the application for vehicle registration and the receipt of license plates, no person shall affix a plate or marker designed to resemble the license plates for the purpose of advertisement in the position normally reserved for the license plates.

e. Displaying a fictitious license plate number is a class C offense.

f. Violation of any other provision of this section is a class D offense and a subsequent violation of the same provision is a class C offense. These penalties shall not apply to the display of a fictitious license plate number.

Source: 39:3-33.

COMMENT

This section consolidates the requirements found in the original section of the statute, but removes references to registration plate inserts showing the year in which the vehicle registration has been granted.

Throughout this chapter, the terms “identification marks” and “registration plates” have been replaced with “license plates” to reflect the common usage. The section designates penalties according to the new penalty classification system contained in 39A:44-GP1.

39A:LP-3. License plates; requirements and fees generally

a. All passenger motor vehicle license plates shall include the words "GardenState" and a group of letters and numerals assigned by the Chief administrator to an applicant.

b. The Chief administrator may issue, upon application and payment of the required fee, personalized license plates composed of a requested combination of letters and numerals in accordance with the identification system if the particular combination requested is not then issued to and held by some other person or otherwise reserved or prohibited by the Chief administrator.

c. The Chief administrator may charge an additional fee for the issuance of particular combination of letters and numerals as the Chief administrator may fix from time to time but not exceeding $30 for courtesy plates and $100 for personalized plates.

Source: 39:3-33.2; 39:3-33.3; 39:3-33.4; 39:3-33.9.

COMMENT

This section consolidates the requirements found in the original sections and makes one substantive change, adding the word “prohibited” in subsection (b) to acknowledge the MVC’s ability to prohibit the use of profanity on personalized license plates.

It is not clear why there is a distinction between the fees for “courtesy plates” and for “personalized plates” and whether such a distinction should be maintained. It is also not clear what fee is to be charged for a personalized courtesy plate.

The provisions of the former 39:3-33.9 have been eliminated as unnecessary at this time since reflectorized plates have been issued since 1989. If this section is still necessary, it will be included in the draft.

39A:LP-4. Restrictions on issuance of license plates

No personalized or non-standard license plate may be issued to an applicant who:

a. Has been convicted of a violation of 39:4-50, 39:4-96, C.39:4-50.2 or of a substantially similar law in another jurisdiction:

(1) During the 10-year period preceding the date of application for an personalized or non-profit organization-type license plate; or

(2) At any time preceding the application for any other non-standard license plate; or

b. Has been convicted of a violation of 2C:11-5; or

c. For the two-year period preceding the application has had driving privileges revoked or suspended for any reason in any jurisdiction.

Source: 39:3-33.5; 39:3-33.5a.

COMMENT

This section consolidates the provisions of the original sections and makes the substantive change of more consistently limiting the issuance of all types of specialty license plates rather than making a distinction between “courtesy marks”, “identifying marks” and “special organization license plates”. It is not clear why a distinction is made between personalized and organization-type license plates, and the remaining types of non-standard plates in subsection (a) and it may be appropriate to make the provisions uniform.

39A:LP-5. General provisions for license plates or emblems

a. Only one set of non-standard license plates or emblems shall be issued to an applicant upon completion of the required application and submission of satisfactory proof that the applicant meets the conditions for issuance. No personalized or non-standard plate or emblem shall be used on any vehicle other than the vehicle for which it is issued.

b. The owner or lessee of a motor vehicle who obtains a base set of personalized or non-standard license plates may obtain and use subsequent sets in a series upon other motor vehicles owned or leased from the same or different lessor by that person for an additional fee, provided that there is sufficient space for the series’ subscript. Applicants who hold amateur radio licenses issued by the FCC may obtain duplicate special plates for additional vehicles they register containing the same amateur radio designation and the applicant’s call letters. The duplicate plates shall contain marks the Chief administrator deems appropriate to distinguish them from the original plates.

c. The MVC shall charge an application fee for the issuance of a non-standard license plate only upon the initial issuance of the plate. If a non-standard plate is issued to a lessee of a motor vehicle, upon termination of the lease the lessee may apply to have the plate reissued to another motor vehicle leased or owned by that lessee for a fee of $4.50. If a personalized or non-standard plate is issued to an owner of a motor vehicle, the owner may apply to have the plate reissued to another motor vehicle leased or owned by that owner for a fee of $4.50. Nothing in this section shall prohibit the MVC from charging, at the time of annual registration renewal, the payment of any additional fee required by any other section of the law for a special license plate.

d. The design of special license plates and emblems shall be determined by the Chief administrator. In addition to any designation set forth in this chapter, each special plate shall contain the license plate number and other markings required by law.

e. The fees established for non-standard license plates shall be distributed as set forth below. The fee for non-standard license plates shall be as follows:

(1) Vehicle-type, occupation-type or military-type non-standard license plates are $25 in addition to the fees otherwise required for the registration of a vehicle.

(2) Non-profit organization-type license plates are $75.

(3) Commuter van is $50 annually, imposed at the time of the required periodic registration of the vehicle.

(4) Specialty funding license plates are <it varies in the original statute>.

(5) Farmer license plates are $25 plus $4.25 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

(6) There shall be no fee for P.O.W., Purple Heart, Silver Star, Combat Infantryman Badge, or Navy Cross specialty license plates.

f. Upon the surrender of non-standard license plates, the Chief administrator shall issue new license plates, and shall charge the usual fee for the issuance of lost plates. A non-standard plate shall be surrendered to the Chief administrator:

(1) Within 15 days of the date that:

(A) Membership in an organization, including law enforcement or military service, is concluded or terminated for any reason;

(B) An amateur radio station license expires or is revoked;

(C) The service of a vehicle used as a commuter van is terminated.

(2) Within 30 days of the date that a municipal or county officer or employee leaves office.

(3) When a former member of government no longer uses the vehicle for which the plates were issued.

g. Non-standard license plates or emblems issued to the following individuals may be retained by the surviving spouse for display on a vehicle registered to that surviving spouse: P.O.W., Purple Heart recipient, Silver Star recipient, Combat Infantryman Badge recipient, active member of the United States Submarine Veterans, and Navy Cross recipient.

h. Violation of any provision of the statute pertaining to non-standard license plates is a class E offense. The Chief administrator may also revoke the registration of the vehicle for which the plates were issued.

i. The Chief administrator shall promulgate regulations, including those governing the design, issuance and use of non-standard plates, and the nature of the documentation required to be provided in support of an application for personalized or non-standard license plates.

Source: 39:3-25; 39:3-27.5; 39:3-27.6; 39:3-27.7; 39:3-27.8; 39:3-27.9; 39:3-27.10; 39:3-27.11; 39:3-27.13;39:3-27.14;39:3-27.17; 39:3-27.18; 39:3-27.19; 39:3-27.20; 39:3-27.24;39:3-27.25; 39:3-27.27; 39:3-27.29; 39:3-27.30; 39:3-27.32; 39:3-27.33; 39:3-27.39; 39:3-27.42; 39:3-27.43; 39:3-27.44; 39:3-27.45; 39:3-27.59; 39:3-27.98; 39:3-27.99; 39:3-27.106; 39:3-27.114; 39:3-27.115; 39:3-33a; 39:3-33b.

COMMENT

This section consolidates and streamlines the original sections of the statute. This section changes the reference to distribution of fees to be consistent with the language of the following sections.

Originally, the language found in subsection (e) called for all funds generated by special license plates to be allocated to the MVC to offset the costs of preparing the license plates; this language was inconsistent with the detailed distribution of finds set forth in later sections. In addition, this section eliminates references to “personalized, courtesy or special license plates” and substitutes “personalized” and “non-standard” plates as appropriate.

The section designates penalty according to the new penalty classification system contained in 39A:44-GP1.

39A:LP-6. Vehicle-type license plates

a. A New Jersey resident who owns a historic motor vehicle may obtain a nonconventional registration and non-standard license plates for such vehicle. No historic vehicle or vehicle manufactured before 1945 shall be required to display more than one license plate, which shall be displayed on the rear of the vehicle.

b. A New Jersey resident who owns a street rod may obtain a non-standard license plate for such vehicle by providing proof to the Chief administrator that the vehicle is registered in a New Jersey street rod club that is fully affiliated with the National Street Rod Association, Inc. Any person issued the special street rod plate shall display a valid National Street Rod Association, Inc. safety sticker on the vehicle in addition to the regularly required inspection sticker.

c. A New Jersey resident who owns a commuter van may obtain a non-standard license plate for such a vehicle by providing proof to the Chief administrator that the vehicle meets the statutory definition of such a vehicle, and will be used for the intended purpose.

d. A New Jersey resident who owns a truck and is a farmer may obtain a non-standard plate for such vehicle by providing proof to the Chief administrator that the resident is actually engaged in the growing, raising and producing of farm products as an occupation. License plates issued under this subsection shall be placed upon trucks engaged in the carrying or transportation of farm products and farm supplies, and not engaged in hauling for hire, except for a truck being operated under contract with a municipality to remove snow.

e. The design of the license plates authorized by this section shall be determined by the Chief administrator and shall include the word “historic”, “street rod”, “commuter van” or “farmer” as appropriate. Any special registration or license plate obtained pursuant to this section of the statute is valid for the period of time that the vehicle is owned by the same registrant and upon transfer of title, the plate shall be surrendered to the Chief administrator.

Source: 39:3-25, 39:3-27.3; 39:3-27.19; 39:3-27.27.

COMMENT

This section streamlines and consolidates the original sections of the statute.

39A:LP-7. Occupation-type license plates

Upon the application of a person who:

a. Holds an amateur radio license issued by the FCC, the Chief administrator shall issue a non-standard license plate bearing the term “amateur radio” and the amateur radio call letters of the applicant.

b. Is a member of any fire Commission, either compensated or not, in the State of New Jersey, the Chief administrator shall issue a non-standard license plate bearing a Maltese Cross and the letters “F.D.” for a vehicle owned or leased by that person, a spouse or parent, or a business of which the fire Commission member is the principal owner or stockholder.

c. Is a member of any first aid or rescue squad, either compensated or not, in the State of New Jersey, the Chief administrator shall issue a non-standard license plate for a vehicle owned or leased by that person, a spouse or parent, or a business of which the first aid or rescue squad member is the principal owner or stockholder.

d. Has been certified by the New Jersey Commissioner of Health as an Emergency Medical Technician-Ambulance, the Chief administrator shall issue a non-standard license plate for a vehicle owned or leased by such a person bearing the letters “EMT-A” and the “Tree of Life” insignia.

e. Is a member of the board of chosen freeholders, surrogate, county clerk, county register of deeds and mortgages, elected county executive, sheriff, or any other officer of any county in New Jersey, the Chief administrator shall issue a non-standard license plate for a vehicle owned or leased by such a person bearing the appropriate title designation, three letters and a numeral.

f. Is a mayor or chief executive of any municipality in New Jersey, or previously served in such position for one term or longer, the Chief administrator shall issue a non-standard license plate for a vehicle owned or leased by such a person bearing the appropriate title designation.

g. Is a former member of the New Jersey State Legislature, the Chief administrator shall issue a non-standard license plate for a vehicle owned or leased by such a person bearing the designation “Senate – Former Member” or “Assembly – Former Member” and the shield of the State of New Jersey. If the former member of the Legislature was a member of both the Senate and the Assembly, the plate shall bear the designation “Senate – Former Member”.

Source: 39:3-27.5; 39:3-27.8; 39:3-27.9; 39:3-27.10; 39:3-27.29; 39:3-27.30; 39:3-27-42; 39:3-27.59; 39:3-27.114; 39:3-27.115.

COMMENT

This section streamlines and consolidates the original sections of the statute.

39A:LP-8. Military type license plates

Upon the application of a person who:

a. Is an active member of the New Jersey National Guard, or former active member honorably separated from membership, as certified by the Adjutant General of the New Jersey Commission of Defense, the Chief administrator shall issue a non-standard license plate for a vehicle owned or leased by such a person bearing the designation “Air National Guard” or “Army National Guard”. An active member with special plates may affix an approved National Guard “Minuteman” emblem to the plates in a manner approved by the Chief administrator.

b. Is a disabled veteran eligible to operate a motor vehicle in this State, the Chief administrator shall issue a non-standard license plate for a vehicle owned or leased by such a person bearing the designation “Disabled Vet” and numbers to be selected from the registration numbers DV1 through DV9999 and 1DV through 9999DV, which are reserved for disabled veterans as follows:

NEW JERSEY

DV1

DISABLED VET

c. Served in the armed forces of the United States and who was held as a prisoner of war by an enemy of the United States during any armed conflict, as certified by the Commission of Military and Veteran’s Affairs, the Chief administrator shall issue a non-standard license plate for a vehicle owned or leased by such a person bearing the designation “P.O.W.”

d. Is a resident of this State and an active member of a military reserve unit as certified by the appropriate military authority, the Chief administrator shall issue a non-standard license plate for a vehicle owned or leased by such a person identifying the person as a member of a military reserve unit.

e. Is a recipient of a: Purple Heart; Silver Star; Combat Infantryman Badge, or Navy Cross, the Chief administrator shall issue a non-standard license plate for a vehicle owned or leased by such a person which plate shall bear the appropriate designation. Individuals with the non-standard plates described in this subsection may affix to those plates an approved emblem (Purple Heart, Silver Star, Navy Cross, etc.).