CHAPTER 10. GENERAL PROHIBITIONS

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1 39A:10-GP1. Definitions CHAPTER 10. GENERAL PROHIBITIONS 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; 39A:10-GP2. 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. A person who violates this section is subject to a fine not exceeding $500 or imprisonment for not more than three months, or both. Source: 39:3-34; 39A:10-GP3. 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. A person who violates this section shall be fined between $25 and $50. Source: 39:3-35; 39A:10-GP4. Notice of change of address a. A registered owner or licensed operator of a motor vehicle shall, using the approved form, notify the Commissioner 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 Commissioner shall provide the new documentation. Applicant s seeking a new license shall also be required to pay the digitized picture fee. b. A person who violates this section is subject to a penalty not exceeding $25. Source: 39:3-36; TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 1

2 39A:10-GP5. Falsifying documentation a. A person is subject to a fine of between $200 and $500, or imprisonment for not more than six months, or both, if that person: 1. Gives a fictitious name or address or makes any other intentional misstatement of a material fact in an application for: requirement; proceeding; or i. Registration of a motor vehicle; ii. A waiver pursuant to C. 39:8-55 of the emission standards iii. A driver's license or preliminary application, examination 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 Commissioner 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 of between six months and two years. Source: 39:3-37; 39A:10-GP6. Counterfeiting or using other license plate a. A person who counterfeits a license plate, or makes a substitute or temporary license plate, is subject to driver s license revocation for up to six months, or a fine of between $50 and $100. b. A person who improperly uses a license plate other than one issued to that person by the Commissioner is subject to a fine of between $25 and $50. c. A person who causes a forged or counterfeit license plate to be placed on any motor vehicle is subject to driver s license revocation for up to six months, or a fine of between $50 and $100, or both. Source: 39:3-38; 39A:10-GP7. 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. TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 2

3 b. A person violating this section is subject to the following penalties: 1. Upon conviction for a first offense: i. A fine of $500; and ii. If the offense involves operation of a motor vehicle while the driver's license is suspended for a violation of R.S.39:4-50 or C.39:4-50.4a, revocation of the registration in accordance with C.39: through C.39:3-40.5; 2. Upon conviction for a second offense: i. A fine of $750; ii. Imprisonment in the county jail for not more than five days; and iii. If the second offense involves operation of a motor vehicle while the driver's license is suspended, and the second offense occurs within five years of a conviction for the same offense, revocation of the motor vehicle registration in accordance with C.39: through C.39:3-40.5; 3. Upon conviction for a third offense or subsequent offense: i. A fine of $1, 000; ii. Imprisonment in the county jail for 10 days; and iii. If the third or a subsequent offense involves the operation of a motor vehicle while the driver's license is suspended, and the third or subsequent offense occurs within five years of a conviction for the same offense, revocation of the motor vehicle registration shall be revoked in accordance with C.39: through C.39: c. If, however, 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. C.39:6B-2, shall be fined $500, 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. R.S.39:4-50, C.39:4-50.4a or C.39:5-30a et seq., shall be fined $500, 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; TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 3

4 are present; 2. Driving through a municipally designated school crossing; or 3. Driving through an undesignated school crossing knowing that juveniles 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; be fined $500; 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 C.2C:35-7 may be used in a prosecution under this paragraph. 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, nor is it relevant 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 C.17:29A-35 or the applicable regulations, shall be fined $3,000. 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 Commission, distributed as provided in section C. 17:29A-35, and the court shall file a copy of the judgment of conviction with the Commissioner 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 Commission 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: A:10-GP8. 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 R.S.39:4-50 or C. 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. TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 4

5 39A:10-GP9. Suspension resulting from failure to pay parking tickets A person whose driver's license is suspended pursuant to C.39: , is subject to a maximum fine of $100 upon proof of satisfaction of the parking ticket(s) that caused the suspension. Source: 39: A:10-GP10. 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. R.S.39:3-40(a) for operating a motor vehicle with a driver's license suspended for a violation of R.S.39:4-50; 2. R.S.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. R.S.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 the those items shall result in vehicle impoundment and the seizure of those 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 R.S.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. TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 5

6 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: A:10-GP11. Issuance of temporary registration regarding violator a. The Director 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 Director 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 C.39: and the temporary registration and license plates seized. c. The Commissioner 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 Commissioner. d. The Commissioner 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 Commissioner 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: A:10-GP12. Impoundment of motor vehicle subject to registration restriction a. A motor vehicle may be impounded by any law enforcement officer if the registrant: TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 6

7 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 C (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 30 th 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: A:10-GP13. 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: TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 7

8 39A:10-GP14. Use of national school bus chrome paint on motor vehicle No motor vehicle with a capacity of more than 16 passengers shall be painted National School Bus Chrome, unless it is used to transport children to or from a school, a summer day camp, or any school connected activity. When a motor vehicle is no longer used for these purposes, it shall be repainted a color distinctly different from National School Bus Chrome. Source: 39: A:10-GP15. Vehicles to which persons admitted for purchasing or exhibition Every motor vehicle, including a van or trailer, which admits persons to purchase merchandise, including books, or view any exhibit, shall be equipped with a separate exit door in addition to an entrance door. The exit shall be plainly identified and kept unobstructed at all times. Source: 39: A:10-GP16. No television with screen visible to driver a. It shall be unlawful to operate upon any public roadway in this State a motor vehicle in which a television set placed so that the viewing screen is visible to the driver while operating the vehicle. <gps/maps?> b. A person violating this section shall, for each violation, be subject to a fine not exceeding $50, or imprisonment for up to 10 days, or both. Source: 39:3A-1; 39:3A-2. 39A:10-GP17. General penalty For a violation of a provision of chapter three of Title 39 for which no specific penalty is provided, the offender shall be subject to a fine of between $25 and $500, or imprisonment for up to 15 days, or both. Source: 39:3-86. TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 8

9 CHAPTER 19. MOTOR VEHICLE THEFT 39A:19-RT1. Notification of theft or loss; records a. A person whose motor vehicle is stolen, or whose license plates are lost or stolen, shall immediately notify the police within whose jurisdiction the theft or loss occurred. Upon recovery, the person shall notify the officer to whom the original report was made. b. After receiving reliable information that a motor vehicle has been stolen or license plates have been lost or stolen, a New Jersey officer shall report the information to the Superintendent of State Police and the Commission within 24 hours and shall report any recovery within 24 hours. c. After notified of a theft or loss pursuant to subsection (b), the Superintendent of State Police and the Commission shall index and file the information so the motor vehicle or license plates can be properly identified, and shall cooperate with officers and agencies in tracing or examining automobiles to determine ownership. These records shall be available to police officers and other interested agencies. Source: 39:3-85.1; 39:3-85.2; 39: A:19-RT2. Program to combat theft a. To participate in a voluntary program to combat the theft of motor vehicles in this State, the registered owner of a vehicle shall, in the presence of a designated law enforcement officer, sign an informed consent agreement indicating the vehicle is not normally operated between 1:00 a.m. and 5:00 a.m. and shall be issued a decal to be affixed to the vehicle. b. If an officer sees a vehicle displaying a decal being operated on a public roadway between 1:00 a.m. and 5:00 a.m., the officer may stop the vehicle and request a valid driver's license, motor vehicle registration card, and insurance identification card. If the driver cannot provide the documents, the officer shall investigate to determine if that person is an authorized operator. c. The chief municipal law enforcement officer may charge a fee for the consent forms and the decals, which shall not exceed the actual costs of providing them and administering the program. d. The Superintendent shall maintain a record of the individuals who participate in this program which shall be available to law enforcement departments, agencies and forces. The Superintendent shall cooperate with all officers and agencies in tracing or examining questionable motor vehicles to determine ownership. Source: 39:3-85.5; 39:3-85.6; 39:3-85.7; 39:3-85.8; 39: TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 9

10 CHAPTER 12. SPECIALIZED LIGHTS 39A:12-SL2. Emergency warning lights for member of volunteer fire company, first aid or rescue squad a. A motor vehicle driven by an active member in good standing of a volunteer fire company, first aid or rescue squad authorized to provide service in a municipality may display emergency warning lights. Emergency warning lights may be operated only while the vehicle is answering a fire or emergency call. b. Emergency warning lights shall be temporarily attached, removable flashing or revolving lights, not more than 7 1/2 inches in diameter, equipped with a blue lens and a lamp not exceeding 51 candlepower controlled by a switch inside the vehicle. The lights shall be placed on the vehicle as set forth in regulations. c. No more than two emergency warning lights may be installed on a vehicle. d. Identification cards signed by the Commissioner shall be forwarded upon request to the chief executive officer of a municipality served by the volunteer company or squad. The cards shall be countersigned, issued to the members in good standing, and considered permits to display and operate emergency warning lights on a vehicle. A member must carry the identification card while displaying an emergency warning light. e. The use of emergency warning lights does not grant privileges or exemptions denied to drivers of other vehicles. Members displaying emergency warning lights shall drive with due regard for safety and obey all traffic laws of this State. The drivers of non-emergency vehicles, however, shall yield the right of way to a vehicle displaying emergency warning lights. f. A person authorized to display emergency warning lights who willfully displays or uses them in violation of this section shall be subject to a fine not exceeding $50. The privilege to display emergency warning lights may be suspended or revoked by the Commissioner. A person not authorized to display emergency warning lights who willfully displays or uses them shall be subject to a fine not exceeding $100. Source: 39:3-54.7; 39:3-54.8; 39:3-54.9; 39: ; 39: ; 39: ; 39: A:12-SL3. Special identification lights for certain licensed private detective businesses a. The Commissioner may issue permits authorizing vehicles of licensed private detective businesses under contractual agreement to provide community security services in planned developments as defined in the "Municipal Land Use Law" to display a special identification light. The permits shall be approved and signed by the chief law enforcement official in the municipality in which the permit shall be used. TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 10

11 b. The permit shall specify the type of light, the color of the light, the manner in which it shall be displayed and the conditions under which the operator of the vehicle may use the light. The permit shall be carried by the operator when the light is displayed. c. The Commissioner shall charge a $25 fee for each permit. The permit shall be valid only when its conditions are met, and may be canceled or revoked by the Commissioner on any reasonable grounds. d. A person authorized to display a special identification light who displays the light in violation of this section shall be subject to a fine of $50 for the first offense, and $100 for each subsequent offense. Source: 39: A:12-SL4. Emergency warning lights for volunteer fire chief or first assistant chief a. A motor vehicle owned by and registered in the name of the chief or first assistant chief of a volunteer fire company serving a municipality may display a red emergency warning light or lights, a siren, or both. The size and type of lights and siren, and the location of the warning signals and their controls, shall be determined by the Commissioner and set forth in regulations. b. All red emergency lights shall be mounted on the exterior of the vehicle and no more than two shall be installed on a vehicle. All sirens shall be mounted under the hood of the vehicle. The warning signals shall be operated only while the vehicle is being used by the registered owner chief or first assistant chief in answering a fire or emergency call. c. Identification cards signed by the Commissioner shall be forwarded upon request to the chief executive officer of a municipality served by a volunteer fire company. The cards shall be countersigned, issued to chief or first assistant chief of the company, and considered permits to display and operate emergency warning signals. Each chief or first assistant chief must carry the identification card while displaying a red emergency warning light, siren, or both on a vehicle. d. The use of warning signals does not grant privileges or exemptions denied to drivers of other vehicles. Persons displaying these warning signals shall drive with due regard for safety and obey all traffic laws of this State. The drivers of non-emergency vehicles, however, shall yield the right of way to a vehicle displaying warning signals. e. A person authorized to display red emergency warning lights, sirens, or both, who uses either in violation of this section shall be subject to a fine of $50 for the first offense, and $100 for each subsequent offense, and the privilege to display the lights or sirens may be suspended or revoked. Source: 39: ; 39: ; 39: ; 39: ; 39: ; 39: ; TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 11

12 39A:12-SL5. Use of amber warning lights by United States Postal Service employees a. An employee of the United States Postal Service required to use a motor vehicle owned or leased by the employee or a family member in the performance of Postal Service duties may display an amber warning light. b. The amber warning light may be operated only while the motor vehicle is being used in the performance of the employee s duties as a rural letter carrier. c. The amber warning light shall be a temporarily attached, removable flashing or revolving light, not more than 7 1/2 inches in diameter, not more than 51 candlepower, and controlled by a switch inside the vehicle. While in operation, the amber warning light shall be conspicuously displayed on the roof of the vehicle. d. Displaying and operating an amber warning light does not afford privileges or exemptions denied to the drivers of other vehicles and the driver shall drive with due regard for safety and obey all traffic laws of this State. Source: 39: A:12-SL6. Itinerant vendors a. Every itinerant vendor's vehicle shall be equipped with a signaling system that will cause the two front turn signals and the two rear turn signals to flash simultaneously as a traffic hazard warning signal with the engine operating or stopped. b. When the driver of an itinerant vendor's vehicle stops or parks the vehicle on any roadway or shoulder to transact business, the driver shall flash the two front and two rear turn signals of the vehicle simultaneously as long as the vehicle remains stopped or parked for such purpose. c. Itinerant vendors' vehicle means a motor vehicle used in the business of an itinerant vendor to carry the goods, wares or other merchandise offered for sale and from which sales are made to customers invited to the vehicle and solicited for such purpose through the use of a device or means designed to attract attention to the vehicle. Source: 39:3-64.1; 39:3-64.2; 39: TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 12

13 39A:16-TL1. Tire equipment CHAPTER 16. TIRES AND LOADS a. A person may not drive or move a motor vehicle equipped with solid rubber tires unless every tire has rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery. b. A person may not drive or move a motor vehicle or trailer upon a public roadway unless it is equipped with tires in compliance with the applicable regulations. c. The Commissioner shall promulgate regulations for use by law enforcement officers for visual inspection of tires mounted on vehicles including visual comparison with simple measuring gauges to assess effects of tread wear and depth of tread. d. A tire is considered unsafe if it has: 1. A ply or cord exposed; 2. A bump, bulge or knot affecting its structure; 3. A break repaired with boot or patch; or 4. Tread wear indicators that contact the road in any two adjacent major grooves at three locations spaced approximately equally around its outside. e. This section shall not apply to farm vehicles registered under section 39:3-24. f. A law enforcement officer may, upon reasonable cause to believe that a vehicle is unsafe or equipped with tires violating the law or regulations, require the operator of the vehicle to submit the vehicle to an inspection. If the vehicle is in violation, the officer shall issue a summons. Source: 39: A:16-TL2. Tires of approved material required a. A person who operates a motor vehicle, commercial vehicle, trailer, semitrailer or tractor not equipped on all wheels with approved tires, or equipped with solid rubber tires impaired to an extent likely to cause damage to the public highways, shall be fined between $50 and $100 for the first offense, and between $100 and $200 for any subsequent offense. b. Tractors used for agricultural purposes may be operated without rubber tires pursuant to applicable regulations. c. Traction or tractor well-drill machines or well-drilling equipment may be operated on the highways as provided by 39:3-26. Source: 39:3-80. TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 13

14 39A:16-TL3. Sale, possession or use of approved tire types a. No person shall sell, offer for sale or possess with intent to sell or use on a roadway a motor vehicle tire fitted with blocks, hobs, studs or other projections unless it is of a type approved by the Commissioner. The Commissioner shall promulgate regulations concerning the design, construction and use of such tires and the procedure for submitting tires for approval. b. Any person violating this section shall be subject to a fine of between $25 and $50 recoverable in a summary proceeding pursuant to N.J.S. 2A:58-1 et seq. Source: 39: A:16-TL4. Tires on commercial vehicles a. A commercial motor vehicle or tractor which does not have pneumatic tires on all wheels may not be used on the public roadways unless a metal plate is attached to its chassis, in plain view, stating the: maker's name, number, motor number, weight of vehicle in pounds, allowable load in pounds, gross weight in pounds and maximum speed in miles per hour. b. The size of tires on all commercial motor vehicles shall be determined on the maximum width of rubber, and the load shall be distributed so that there is not more than 800 pounds per inch in width of tire on any one wheel. c. A person who violates this section shall be subject to a fine not exceeding $100 or imprisonment in the county jail for not more than 10 days for failure to pay. Source: 39:3-82. TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 14

15 39A:14-M1. Height of handle bars CHAPTER 14. MOTORCYCLES A person may not operate a motorcycle on a public roadway if the handle bar grips are higher than the shoulder height of the seated operator. Source: 39: A:14-M2. Muffler systems In addition to the muffler requirements contained in section 39:3-70, motorcycles shall be equipped with an approved muffler system designed specifically for motorcycles. Source: 39: A:14-M3. Helmet; goggles; face shield or wind screen a. A person who operates or rides on a motorcycle must wear an approved, properly sized and securely fitted protective helmet equipped with a neck or chin strap and reflectorized on both sides. No motor vehicle points shall be assessed for the failure to wear a protective helmet. b. A person who operates a motorcycle must wear approved goggles or an approved face shield unless the motorcycle is equipped with an approved wind screen. c. The Commissioner shall establish and maintain a list of approved helmets, goggles, face shields and windscreens. d. No person shall sell, offer or distribute any protective helmets, goggles or face shields for use with motorcycles unless they appear on the Commissioner s list of approved devices. e. Any person violating any provision of this section shall be subject to a fine not exceeding $25. Source: 39:3-76.7; 39:3-76.8; 39:3-76.9; 39: ; 39: A:14-M4. Passengers a. A person operating a motorcycle shall ride only upon its permanent and regular seat. No motorcycle shall carry a passenger unless designed to carry more than one person, and the passenger may ride only upon the permanent and regular seat if designed for two persons, or another seat firmly attached behind or to the side of the operator. TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 15

16 b. A passenger on a motorcycle, whether riding astride or in a sidecar, shall wear a securely fitted helmet of a proper size as required under section C. 39: c. Motorcycles designed to carry more than one person shall be equipped with adequate footrests for each person and the passenger s feet must rest firmly upon the footrests. Seats and footrests shall be of a type approved by the Director. Handholds shall be required only as necessary to comply with federal regulations. d. A motorcycle operator who carries a passenger in violation of this subsection shall be fined between $50 and $100. Source: 39: TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 16

17 CHAPTER 18. TOW TRUCKS 39A:18-TT1. Definitions a. "Heavy-duty" means a gross weight of at least 32,000 pounds. b. "Light-medium duty" means a gross weight of less than 32,000 pounds. c. "Marker" means tow truck vehicle identification issued by the Director. d. "Towing company" means any person or entity owning or operating a tow truck service for compensation. e. "Tow truck" means a motor vehicle equipped with a boom or booms, winches, slings, tilt beds or similar equipment designed for the towing or recovery of vehicles. f. "Transporter" means equipment designed to transport more than one vehicle on a non-emergency basis. Source: 39: A:18-TT2. Issuance of distinctive markers a. The Commissioner shall issue distinctive markers or license plates for tow trucks for a fee of $25 annually in addition to the fees prescribed for the registration of motor vehicles. The markers or license plates shall be available for tow trucks in two gross weight categories, light-medium duty and heavy-duty, and each weight category shall have distinctive features. The fee amount shall be appropriated to the Commission to defray costs incurred in issuing markers and implementing C.39: et al. b. A person shall not operate or offer to operate a tow truck to tow, winch, or otherwise move a motor vehicle for any direct or indirect compensation unless the tow truck displays the proper marker or license plate issued by the Commission. A towing company shall display tow truck license plates or markers on each tow truck along with the name of the towing company, municipality and state where the business is located. Transporters are exempt from this chapter and the Commissioner may also exempt tow trucks that meet the definition of an apportioned vehicle pursuant to C.39: c. A person or entity knowingly displaying a false tow truck marker or license plate or using fraud or deception in securing tow truck registration shall be subject to a fine of between $1,000 and $7,500. A towing company operating a tow truck without displaying a proper marker or license plate or violating subsection (d) shall be subject to a fine of: 1. Light-medium duty truck: $600 for the first offense and $900 for each subsequent offense; and 2. Heavy-duty truck: $1,200 for the first offense and $1,800 for each subsequent offense. Source: 39:3-84.7; 39: ; 39: TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 17

18 39A:18-TT3. Tow truck registration a. An application for tow truck registration shall contain the: (1) Name and address of the towing company's principal owner(s); (2) Address of the principal business office of the towing company; (3) Location of any garage, parking lot, or other storage area where motor vehicles or other objects moved by the towing company may be stored or placed; (4) Valid certificate of insurance and a schedule of insured vehicles to be utilized by the towing company from an insurer authorized to do business in the State. The documentation shall include: i. The amounts of the garage keeper's legal liability coverage and any "on hook" coverage as an endorsement or contained in a separate schedule; and ii. Liability insurance coverage, including motor vehicle liability insurance coverage for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of at least $750,000 single limit for each lightmedium truck and $1,000,000 single limit for each heavy-duty truck; and (5) Documentation of the manufacturer's gross vehicle weight rating for each tow truck. b. If a system for the licensure of towing companies has been established pursuant to C.39:3-84.9, the towing company shall include in the application a copy of the license issued to it pursuant to that section. c. The Commissioner may suspend, revoke or refuse to issue or renew any tow truck registrations upon proof that the applicant: 1. Used fraud or deception in securing such registration; 2. Violated any provision of this act; or 3. Has been convicted of theft of a motor vehicle. Source: 39:3-84.8; 39: A:18-TT4. Licensure A towing company may be licensed by the Commissioner upon submission of an application and payment of the required fee, comparable to that required for similar licenses and sufficient to cover the cost of implementing this chapter. The Commissioner may require annual renewal of applications for licensure and may stagger renewal dates and adjust the application fees accordingly. Source: 39: TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 18

19 39A:18-TT5. Preemption of actions by political subdivisions This chapter shall preempt a political subdivision from regulating, requiring or issuing any registration, license plate or marker or surety registration of any towing company. This section shall not limit the existing authority of a political subdivision to: a. License and collect a general and nondiscriminatory tax upon all businesses; b. License and collect a tax upon towing operations domiciled within its jurisdiction; or c. Impose any additional requirements or conditions as part of any contract to perform towing and recovery services for that jurisdiction. Source: 39: TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 19

20 39A:21-SM1. Definitions CHAPTER 21. SNOWMOBILES AND ATVS a. "All terrain vehicle" or ATV means a motor vehicle which has between three and six rubber tires and a gasoline engine not exceeding 600 cubic centimeters, designed to travel over any terrain, but does not include golf carts. b. "Farm" means land at least five acres in area used for commercial raising and producing of any crop, livestock, or fur product not used in the business of buying farm products for resale. c. "Snowmobile" means a motor vehicle designed primarily to travel over ice or snow, using sled type runners, skis, an endless belt tread, cleats or a combination of these or similar means of contact with the surface, but does not include any farm tractor, highway or other construction equipment, or any military vehicle. d. "Special event" means an organized race, exhibition or demonstration of limited duration conducted according to a prearranged schedule. Source: 39:3C-1. 39A:21-SM2. Powers of Commissioner and Commission a. The Commissioner shall enforce statutes and regulations regarding the operation of snowmobiles and ATVs on or across a public roadways, lands or waters including the following: 1. Registration, identification, numbering and classification; 2. Equipment; 3. Standards of safety; and 4. Educational programs. b. The Commissioner of Environmental Protection shall enforce statutes and regulations regarding snowmobiles and ATVs on public lands and waters under the jurisdiction of the Department of Environmental Protection. Source: 39:3C-2. 39A:21-SM3. Registration a. No snowmobile or ATV may operate on or across New Jersey public roadways, lands or waters unless registered by the owner. The Commissioner shall assign a registration number to those vehicles, upon application and payment of a fee as follows: 1. Resident annual registration: $5 per snowmobile, $10 per ATV; TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 20

21 2. Nonresident annual registration: $7 per snowmobile, $12 per ATV; 3. Replacement of a lost, mutilated or destroyed certificate, $5; and 4. Duplicate or amended registration, $5. b. All registrations shall be issued on or after September 1 and shall be valid through September 30 of the following year, except the Commissioner may suspend or revoke a registration for a violation of this chapter or the applicable regulations. c. The Commissioner shall deposit moneys related to registrations, publications, and fees collected pursuant to this chapter to the General Treasury, except that $5 of each registration fee shall be allocated to the Commission to defray the cost of providing ATV safety education and training manuals or training programs, or both. Source: 39:3C-3; 39:3C A:21-SM4. Duration and presentation of registration a. An assigned registration number shall remain with a snowmobile or ATV until the vehicle is destroyed, abandoned or permanently removed from the State, or until changed or terminated by the Commissioner. b. An authorized form of registration shall be issued by the Commissioner when a snowmobile or ATV is operated on or across public roadways, lands or waters. c. The registration certificate shall be on the vehicle at all times when in operation. A person operating a snowmobile or ATV shall, upon demand of an authorized official, produce the registration and furnish information necessary to identify the vehicle and its owner. Failure to do so is presumptive evidence of operating an unregistered vehicle. A person younger than 18 who operates an ATV registered in this State shall, upon demand of an authorized official, produce a certificate confirming successful completion of an approved ATV safety education and training course. Failure to do so is presumptive evidence of the operation of the ATV in violation of this chapter. d. The registration number shall be the only number displayed on each side of the vehicle in the manner prescribed by the Commissioner, except that during a special event, racing numbers may be temporarily displayed on the cowling for the duration of the race. e. Every owner shall notify the Commission, in writing, of any change of residence within seven days after the change occurs. f. When ownership is transferred or the use of a snowmobile or ATV is discontinued, the old registration shall be executed by the owner, noting the change, and returned to the Commissioner within 10 days. If ownership is transferred, the new owner shall pay the required fee, apply for a registration certificate, and include in the application the original registration number and the old registration properly signed by the previous owner. The owner of any registration certificate may obtain a duplicate from the Commission upon application and payment of the fee. TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 21

22 g. Every owner of a registered snowmobile or ATV shall notify the Commission, in writing, of the destruction, theft or permanent removal of such from the State, within 10 days; and, in the event of destruction or theft, surrender the registration. Source: 39:3C-4; 39:3C-5; 39:3C-8; 39:3C-9; 39:3C-10; 39:3C-11; 39:3C A:21-SM5. Registration exemptions a. No registration shall be required for a snowmobile or ATV operated on private property. b. No registration fee shall be charged for a snowmobile or ATV owned by the federal government, the State, county or a municipal government or subdivision. c. The registration provisions shall not apply to nonresident owners who comply with the registration and licensing laws of their jurisdiction of residence, if the snowmobile or ATV is identified in accordance with the laws of that jurisdiction and conspicuously displays that jurisdiction s registration number. Nothing in this subsection shall be construed to authorize the operation of any snowmobile or ATV contrary to the provisions of this chapter. Source: 39:3C-6; 39:3C-7. 39A:21-SM6. Prohibition on additional licensing or registration requirements No political subdivision of this State may require additional licensing or registration of vehicles covered by this chapter. Nothing shall prohibit the requirement of a permit by State or local parks for use of snowmobiles on park lands or affect the authority of the Commission of Environmental Protection, the Commissioner thereof, or those responsible for the operation of a park from adopting regulations concerning the use of snowmobiles and ATVs. Source: 39:3C A:21-SM7. Inspection and testing The Commissioner may adopt regulations regarding the inspection of snowmobiles and ATVs, including the testing of mufflers. Source: 39:3C-25. TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 22

23 39A:21-SM8. Regulations a. The Commissioner, to minimize detrimental effects on the environment, shall adopt regulations regarding the use of snowmobiles and ATVs: 1. Insofar as fish, wildlife and plantlife resources are affected; and 2. On public lands and waters under the jurisdiction of the Department of Environmental Protection. b. The Commissioner shall adopt regulations regarding: 1. Specifications relating to equipment required for safety. 2. A comprehensive snowmobile and ATV information and safety education and training program to be offered by the Commission or the certification of programs offered by public or private entities to satisfy the training requirements. A person younger than 16 participating in an approved ATV course shall operate an ATV with an engine capacity of 90 cubic centimeters or less during the course. this chapter. 3. Effective administration and enforcement of the insurance provisions of 4. Special events and the granting of permits for those events, except that for special events conducted on public lands and waters under the jurisdiction of the Department, any regulations must be approved jointly by both Commissioners. Source: 39:3C-14; 39:3C-15; 39:3C A:21-SM9. Minimum age to be an operator a. A person younger than 14 shall not operate any snowmobile or ATV on public lands or waters or across a public roadway. b. A person younger than 16 shall not operate an ATV with an engine capacity greater than 90 cubic centimeters on public lands or waters or across a public roadway of this State. c. A person younger than 18 shall not operate an ATV registered in this State on public lands or waters or across a public roadway of this State unless the person has completed an approved ATV safety education and training course. Source: 39:3C A:21-SM10. Operation a. A person shall not operate a snowmobile or ATV on or within the right-of-way limits of a limited access highway. TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 23

24 b. A person may not operate a snowmobile or ATV upon the main traveled portion or plowed snowbanks of any public roadway or within the right-of-way limits except as follows: (1) Properly registered snowmobiles or ATVs may cross public roadways, except limited access highways, as directly as possible if the crossing can be made safely and does not interfere with the movement of vehicular traffic on the roadway. Before crossing, the operator shall bring the vehicle to a complete stop and shall yield the rightof-way to all vehicular traffic on the roadway. (2) When impracticable to gain immediate access to an area where the snowmobile or ATV may be permissibly operated, it may be operated adjacent and parallel to a public roadway to gain access to that area. This subsection applies to operation of the vehicle between the point where it is unloaded from, or loaded to, a motorized conveyance and the area where it is operated when loading or unloading in the area of operation could cause a hazard to vehicular traffic on a public roadway. The loading or unloading shall be performed with due regard to safety, at the nearest possible point to the area of operation. c. A person may operate a snowmobile or ATV on the property of another only with the consent of the owner of the property and the person who has a contractual right to its use and must cease if consent is withdrawn. d. No owner of real property in this State, and no person having a contractual right to its use, shall assume responsibility or incur liability for injury or damage to an owner, operator or occupant of a snowmobile or ATV which occurs during, or arises out of, the operation or use of such vehicle unless the: 1. Operation or use is with express consent of the owner and contractual user of the property; and provisions of C.2A:42A-2 et seq. or C. 2A:42A-6 et seq. do not limit liability; or condition. 2. Liability is based on the willful or malicious creation of a hazardous e. The provisions of this chapter do not apply to ATV operation and use on golf courses in this State, except subsections C. 39:3C-16(b) and C. 39:3C-26(b). f. C. 39:3C-9(b) and C. 39:3C-16(c) do not apply to a person younger than 18 when the person operates an ATV on public lands, waters or roadways incident to, or in the performance of, the operations of a farm adjacent to the area on which the vehicle is operated. g. Operators of snowmobiles and ATVs shall, when operating across a public roadway or on public lands or waters, comply with the following provisions: R.S. 39:4-48 through R.S. 39:4-51; R.S. 39:4-64; R.S. 39:4-72; R.S. 39:4-80; R.S. 39:4-81; R.S. 39:4-92; R.S. 39:4-96 through R.S. 39:4-98; R.S. 39:4-99; R.S. 39:4-100; R.S. 39:4-104; R.S. 39:4-129 through R.S. 39:4-134; R.S. 39: The penalty for a violation of these provisions shall be as provided in C. 39:3C-28, not the penalty provided in those sections. Source: 39:3C-17; 39:3C-18; 39:3C-30; 39:3C TITLE 39 MEMORANDUM DECEMBER 8, 2003 PAGE 24