PROHIBITIONS
39A:P-1. Definitions
A “motor vehicle moving violation” means any violation of the motor vehicle laws of this State for which motor vehicle points are assessed.
Source: 39:3-40.
COMMENT
This section contains a definition contained in the source section.
39A:P-2. No application for registration or license during suspension, revocation or prohibition
a. A person whose registration or driving privilege, including commercial motor vehicles, is suspended or revoked, or who has been prohibited from obtaining a driver's license or registration, may not apply for a registration, license, or learner's permit during the period of the suspension, revocation, or prohibition.
b. Violation of this section is a class C offense.
Source: 39:3-34.
COMMENT
This section contains the substance of the source section.
The section designates penalty according to the new penalty classification system contained in 39A:44-GP1.
39A:P-3. No lending or use of registration or license plates for other vehicle
a. A person may not use or lend a registration certificate or license plates for use on a motor vehicle other than the vehicle for which issued.
b. Violation of this section is a class D offense.
Source: 39:3-35.
COMMENT
This section is substantially identical to the source section.
The section designates penalty according to the new penalty classification system contained in 39A:44-GP1. The level of the offense had been changed from class E to class D by the MVC to bring the penalty in accord with penalties for similar offenses and in response to concerns raised by law enforcement officers.
39A:P-4. Notice of change of address
a. A registered owner or licensed operator of a motor vehicle shall, using the approved form, notify the Chief Administrator of a change in residence within one week after the change is made. Upon notification, and payment of a fee of $5 for the registration certificate or license, the Chief Administrator shall provide the new documentation. Applicants seeking a new license must also pay the digitized picture fee.
b. Violation of this section is a class E offense.
Source: 39:3-36.
COMMENT
This section is substantially identical to the source section.
The section designates penalty according to the new penalty classification system contained in 39A:44-GP1.
39A:P-5. Falsifying documentation
a. A person is guilty of a class C offense if that person:
(1) Gives a fictitious name or address or makes any other intentional misstatement of a material fact in an application for:
(A) Registration of a motor vehicle;
(B) A waiver pursuant to 39:8-55 of the emission standards requirement;
(C) A driver's license or preliminary application, examination or proceeding; or
(2) Knowingly provides an identification document to another person for the purpose of aiding that person to obtain a driver's license, registration certificate or waiver certificate for which that person is not qualified.
b. The Chief Administrator shall, upon proper evidence not limited to a conviction, revoke the registration or driver's license of a person who violates this section for a period between six months and two years.
Source: 39:3-37.
COMMENT
This section is substantially identical to the source section.
The section designates penalty according to the new penalty classification system contained in 39A:44-GP1.
39A:P-6. Use of license or vehicle by unlicensed driver
a. A person who has been issued a driver's license shall not lend that driver's license for use by another person.
b. A person who owns, leases or otherwise has control or custody of a motor vehicle registered under the provisions of this title shall not allow that motor vehicle to be operated by an unlicensed driver.
c. Violation of this section is a Class C offense.
Source: 39:3-37.1.
COMMENT
This section is substantially identical to the source section.
The section designates penalty according to the new penalty classification system contained in 39A:44-GP1.
39A:P-7. Counterfeiting or using other license plate
a. A person who counterfeits a license plate, or makes a substitute or temporary license plate, is guilty of a class C offense, and subject to driver’s license revocation for up to six months.
b. A person who improperly uses a license plate other than one issued to that person by the Chief Administrator is guilty of a class D offense.
c. A person who causes a forged or counterfeit license plate to be placed on any motor vehicle is guilty of a class C offense, and subject to driver’s license revocation for up to six months.
Source: 39:3-38.
COMMENT
This section is substantially identical to the source section.
The section designates penalty according to the new penalty classification system contained in 39A:44-GP1. The level of the offense had been changed from class E to class D in the subsection (b), and from class D to class C in subsections (a) and (c) by the MVC to bring the penalty in accord with penalties for similar offenses and in response to concerns raised by law enforcement officers.
39A:P-8. Revocation of license; driving while license suspended, revoked or prohibited
a. A person whose driver's license or reciprocity privilege has been refused, suspended or revoked, or who has been prohibited from obtaining a driver's license, may not operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition. A person whose motor vehicle registration has been revoked may not operate or permit the operation of that motor vehicle during the period of revocation.
b. A person violating this section is subject to the following penalties:
(1) Conviction for a first offense is a class C offense, and if the offense involves operation of a motor vehicle while the driver's license is suspended for a violation of 39:4-50 or 39:4-50.4a, revocation of the registration in accordance with 39:3-40.1 through 39:3-40.5;
(2) Conviction for a subsequent offense is a class B offense, and if the subsequent offense involves operation of a motor vehicle while the driver's license is suspended, and this offense occurs within five years of a conviction for the same offense, revocation of the motor vehicle registration in accordance with 39:3-40.1 through 39:3-40.5.
c. If a person is involved in an accident resulting in bodily injury to another person while in violation of this section, the court shall impose a period of imprisonment for between 45 and 180 days.
d. Upon conviction for a violation of this section, the court shall impose or extend a driver’s license suspension for a period not to exceed six months.
e. Notwithstanding subsections (a) through (d), any person violating this section while under suspension issued pursuant to:
(1) 39:6B-2, is guilty of a class B offense, and shall receive a driver’s license suspension for an additional period of between one and two years, and may be imprisoned in the county jail for up to 90 days; or
(2) 39:4-50, 39:4-50.4a or 39:5-30a et seq., is guilty of a class B offense, and shall receive a driver’s license suspension for an additional period of between one and two years, and shall be imprisoned in the county jail for between 10 and 90 days.
f. Notwithstanding the other provisions of this section, a person who operates a motor vehicle in violation of (e)(2) of this subsection while:
(1) On any property used for school purposes owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(2) Driving through a municipally designated school crossing; or
(3) Driving through an undesignated school crossing knowing that juveniles are present;
shall receive a driver’s license suspension for an additional period of between one and two years commencing on the completion of any prison sentence imposed; and be imprisoned for between 60 and 90 days for a first offense, 120 and 150 days for a second offense, and 180 days for a third or subsequent offense. A map depicting the location and boundaries of the area in question produced pursuant to 2C:35-7 may be used in a prosecution under this subsection. It is not relevant that the defendant was unaware the prohibited conduct took place while within 1,000 feet of any school property or while driving through a school crossing, or that no juveniles were present at the time of the offense or that the school was not in session.
g. In addition to the other applicable penalties, a person violating this section whose license has been suspended pursuant to 17:29A-35 or the applicable regulations, is guilty of a class A offense. The court shall waive the fine upon proof that the person has paid the total surcharge imposed pursuant to the statute or applicable regulations. The fine imposed by this subsection shall be collected by the MVC, distributed as provided in section 17:29A-35, and the court shall file a copy of the judgment of conviction with the Chief Administrator and the Clerk of the Superior Court who shall enter the following upon the record of docketed judgments: the name of the judgment debtor; the MVC as judgment creditor; the amount of the fine; and the date of the order. These entries shall have the same force and effect as a civil judgment docketed in the Superior Court.
h. If a person is convicted for a second or subsequent violation of this section that involves a motor vehicle moving violation, the term of imprisonment for the second or subsequent offense shall be 10 days longer than the term of imprisonment imposed for the previous offense.
Source: 39:3-40.
COMMENT
This section contains the substance of most of the source section but has been streamlined and reorganized.
The section designates penalty according to the new penalty classification system contained in 39A:44-GP1.
39A:P-9. Permitting driver with suspended license to operate vehicle
A person who owns or leases a motor vehicle and permits another to operate that motor vehicle is subject to driver’s license suspension and revocation of registration if the person:
a. Knows the operator's driver’s license is suspended for a violation of 39:4-50 or 39:4-50.4a; or
b. Knows the operator's driver’s license is suspended and the operator has been convicted, within the past five years, of operating a vehicle with a suspended or revoked driver’s license.
Source: 39:3-40.
COMMENT
This section contains the substance of part of the source section. The source section was more than three pages long and it seemed that a separation of several of the sections was appropriate.
39A:P-10. Suspension resulting from failure to pay parking tickets
A person whose driver's license is suspended pursuant to C.39:4-139.10 is guilty of a class D offense and must present proof of satisfaction of the parking ticket(s) that caused the suspension.
Source: 39:3-40.
COMMENT
This section contains the substance of part of the source section. The source section was more than three pages long and it seemed that a separation of several of the sections was appropriate.
The section designates penalty according to the new penalty classification system contained in 39A:44-GP1.
39A:P-11. Revocation of registration certificate and license plates
a. A motor vehicle registration and license plates shall be revoked if a person is convicted of violating the provisions of:
(1) 39:3-40(a) for operating a motor vehicle with a driver's license suspended for a violation of 39:4-50;
(2) 39:3-40(b) or (c) for operating a motor vehicle with a driver's license that has been suspended within a five-year period; or
(3) 39:4-50 for a second or subsequent offense, if such revocation is ordered by the court.
b. The revocation of the registration and license plates shall apply to all passenger automobiles, motorcycles and noncommercial trucks owned or leased and registered by the violator, including any such vehicles registered or leased jointly in the name of the violator and anther owner of record.
c. At the time of conviction, the court shall notify a violator that the person's passenger automobile, motorcycle, and noncommercial truck registrations are revoked. The violator shall surrender the registration certificate and license plates of all motor vehicles subject to revocation within 48 hours. The court shall notify the violator that failure to surrender those items shall result in vehicle impoundment and the seizure of the items. The revocation authorized under this subsection shall remain in effect while the violator's driver’s license is suspended and shall be enforced to prohibit the violator from registering or leasing any other vehicle, however acquired, during that period.
d. If a violator subject to penalties for violating 39:3-40 was operating a motor vehicle owned or leased by another who permitted the operation with knowledge that the violator's driver's license was suspended, the court shall suspend the owner or lessee’s driver’s license and revoke the registration certificate and license plates for that vehicle for a period not exceeding six months. The owner or lessee shall surrender the registration certificate and license plates of that vehicle as set forth in subsection (c). Nothing in this subsection limits the court from finding that owner or lessee guilty of violating any other statute concerning the operation of a motor vehicle by an unlicensed driver.
e. A motor vehicle subject to the registration restrictions set forth in this section may not be registered, sold or its ownership transferred during the restriction period unless the motor vehicle is sold or transferred for a fair market value.
Source: 39:3-40.1; 39:3-40.4.
COMMENT
This section contains the substance of the source sections. In this section, as in others, the term “license plate” was substituted for “registration plate” to use the most common language.
39A:P-12. Issuance of temporary registration regarding violator
a. The Chief Administrator may issue a temporary registration certificate and temporary license plates for a motor vehicle for which they have been revoked if the applicant for temporary registration:
(1) Appeared on the revoked registration as a joint owner or joint lessee; or
(2) Is the spouse, child, dependent, parent or legal guardian of the violator or owner and properly certifies that the operation of the motor vehicle is necessary for specified employment, educational, health or medical purposes.
b. The application form prescribed by the Chief Administrator shall include a signed certification that: the applicant will not knowingly permit the violator to operate the motor vehicle until the violator's driver’s license and privileges are restored; any violation of this provision will result in the revocation of the temporary registration; the motor vehicle is ineligible for temporary registration; and the motor vehicle may be impounded pursuant to 39:3-40.3 and the temporary registration and license plates seized.
c. The Chief Administrator shall issue a temporary registration and license plates for a motor vehicle registered under the provisions of this section. The temporary license plates shall bear a special series of numbers or letters to be readily identifiable by law enforcement officers. The temporary registration shall expire on the last day of the sixth month following the calendar month in which it was issued but may be renewed, upon application, by the Chief Administrator.
d. The Chief Administrator may issue a new registration to a lessor of a vehicle for which the registration was revoked if the vehicle is not leased to the same lessee.
e. The temporary registration fee shall be prescribed by the Chief Administrator and may differ based upon the manufacturer's shipping weight and the model year of the motor vehicle but shall not exceed $75. A non-recurring $25 fee shall be charged for temporary registration plates.
Source: 39:3-40.2.
COMMENT
This section contains the substance of the source section.
39A:P-13. Impoundment of motor vehicle subject to registration restriction
a. A motor vehicle may be impounded by any law enforcement officer if the registrant:
(1) Knowingly permits an unlicensed driver to operate that motor vehicle;
(2) Operates or permits the operation of that motor vehicle without a valid temporary registration or temporary license plates; or
(3) Fails to surrender a registration certificate and license plates in accordance with the provisions of 39.3-40.1(b) or (c).
b. A motor vehicle impounded pursuant to this section shall be removed to storage space and its registration certificate and license plates seized. The registrant is responsible for the cost of the removal and storage of the impounded motor vehicle.
c. If the registrant fails to claim the motor vehicle and pay the reasonable costs of removal and storage by midnight of the 30th day following impoundment, along with a fine of $50 to cover the municipal administrative costs, the municipality may sell the motor vehicle at public auction. The municipality shall give notice of the sale by certified mail to the registrant of the motor vehicle and to the holder of any security interest filed with the Director, and by publication, at least five days before the date of the sale, in one or more newspapers published in this State and circulating in the municipality in which the motor vehicle has been impounded. At any time prior to the sale, the registrant or other person entitled to the motor vehicle may reclaim possession of it upon payment of the reasonable costs of removal and storage of the motor vehicle and any outstanding fines or penalties; provided, however, if the other person entitled to the motor vehicle is a lessor or the holder of a lien on the motor vehicle, that person may reclaim the motor vehicle without payment. In such cases, the violator shall be liable for all outstanding costs, fines and penalties, and the municipality shall have a lien against the property and income of that violator for the total amount of those outstanding costs, fines and penalties. Any proceeds obtained from the sale of a motor vehicle at public auction in excess of the amount owed to the municipality for the reasonable costs of removal and storage of the motor vehicle and any outstanding fines or penalties shall be returned to the registrant of the vehicle.
Source: 39:3-40.3.
COMMENT
This section contains the substance of the source section.
The italicized language, and the language following it in the last paragraph of this section, detailing the procedure for the public sale of a vehicle, may be unnecessary as there are other sections of the statute that explain the procedure and a reference to those sections may be sufficient.
39A:P-14. Release of impounded vehicle
No motor vehicle impounded pursuant to New Jersey law shall be released unless proof of valid motor vehicle insurance for that vehicle is presented to the law enforcement authority which impounded the vehicle. The recovery or salvage of an impounded motor vehicle on behalf of an insurer, financial institution or other lending entity shall not require proof of valid motor vehicle insurance for that vehicle.
Source: 39:3-40.6.
COMMENT
This section is substantially identical to the source section.