39:7-TP1. Touring privileges CHAPTER 7. TOURING PRIVILEGES a. A nonresident owner of a motor vehicle properly registered in the nonresident s home jurisdiction, which conspicuously displays that registration number, may operate the vehicle in this State, without complying with New Jersey s registration and equipment requirements, during the same portion of a year as a New Jersey resident would be permitted to operate a similar properly registered vehicle in the jurisdiction of the nonresident; if the vehicle is not: 1. Used for the transportation of persons for compensation; 2. Regularly operated in carrying on business within this State; or 3. Designed or maintained primarily for the transportation of property. b. Subsection (a) does not apply to a vehicle leased by an owner engaged in the business of leasing vehicles. c. A vehicle properly registered in another jurisdiction, which conspicuously displays that jurisdiction s registration number, may be operated in this State without complying with New Jersey s registration requirements during the normal period of agricultural seasonal employment. A special permit shall be obtained upon proof an applicant is engaged in such employment, and payment of $1. d. Except as provided by reciprocity agreement or arrangement or a declaration of the Commissioner, the nonresident privilege does not permit the operation of a commercial type: truck, road tractor, truck tractor or trailer and semitrailer. A trailer or semitrailer registered in another jurisdiction may be drawn in New Jersey by a vehicle registered in this State if the gross weight of the combination does not exceed the maximum weight allowed by the registration of the drawing vehicle. The owner or driver of a vehicle used in intrastate operations not permitted by this section shall be subject to fine as follows: 1. A 2-axle truck, $288; 2. A 3-axle truck, $381.50; 3. A 3-axle combination of vehicles, $475; 4. A combination of vehicles with more than 3 axles, $687.50; and 5. A commercial motor vehicle with 3 or more axles and a gross weight of between 40,000 and 70,000 pounds, the owner or driver of which is engaged in construction or in the business of supplying or transporting material, $1,120. Source: 39:3-15. This section is substantially the same as the source section, but it streamlines the language. It appears that the section should be called something other than the outdated touring privileges, perhaps reciprocity privileges would be more appropriate. It is not clear whether describing the display of the out-of-state registration number as conspicuous is sufficient or whether more detail is required. It is also not clear whether the provisions of (a)(2) and (d) pose a federal Commerce Clause problem. Page 1 of 6
Interestingly, there is New Jersey case law on the issue of whether or not a police officer in this State can stop an out-of-state vehicle based on an observed equipment violation. The Court found that this statute does not preclude an officer from making a stop and requiring the driver to produce registration and driving credentials when the police officer observes an out-of-state licensed vehicle with an equipment violation. Furthermore, because the federal equipment standards apply equally to out-of-state vehicles, there is no reciprocity State v. Cohen, 347 N.J. Super. 375, 381 (App. Div. 2002). 39:7-TP2. Touring privileges of nonresident drivers a. Touring privileges are extended to a nonresident driver in compliance with the home jurisdiction s licensing law. b. A nonresident must be 17 or over to operate a vehicle registered in this State. c. A nonresident must have a license from the home jurisdiction to operate a New Jersey registered vehicle. d. A nonresident shall have the vehicle s registration certificate and a driver's license while operating a motor vehicle in this State, and shall exhibit them to a police officer or judge upon request. e. A person who violates this section is subject to a fine not exceeding $500 or imprisonment for not more than 60 days. Source: 39:3-17. This section is substantially similar to the source section but has been streamlined. The original section specified that touring privileges were extended to licensed drivers or chauffeurs. The latter term has been eliminated, since chauffeurs are licensed drivers. 39:7-TP3. Suspension of touring privileges a. The Commissioner may suspend the operating privilege of any or all motor vehicles registered in another jurisdiction when, in the Commissioner s judgment, that jurisdiction prohibits the free operation therein of any or all motor vehicles belonging to New Jersey residents. b. The Commissioner may suspend the operating privilege of a vehicle owned by a nonresident on any reasonable grounds upon notification of the police and the official performing the registration function in the nonresident s jurisdiction and giving public notice. Driving a vehicle whose operating privilege has been suspended in this State after that time shall subject the driver to the penalties for driving an unregistered vehicle. Source: 39:3-16. This section is substantially similar to the source section but has been streamlined. 39:7-TP4. Continuation of touring privileges after becoming a resident Except as provided for CDLs, a person who becomes a resident of this State and who, immediately prior to residing here, was authorized to operate a motor vehicle in New Jersey as a nonresident, may continue to operate with touring privileges for 60 days Page 2 of 6
after establishing New Jersey residence or until obtaining a New Jersey drivers license, whichever period is shorter, unless a longer period is otherwise provided by law. Source: 39:3-17.1. This section is substantially similar to the source section but has been streamlined. The italicized portion of the last sentence does not appear to be helpful in determining what period of time applies, the review of Title 39 completed thus far does not suggest an alternate required time period, but it makes sense to determine if one exists and, if so, to make more specific reference to it in this section to provide guidance. Page 3 of 6
CHAPTER 8. DOCUMENTS 39A:8-D1. Documents indexed by Commissioner; copies a. Applications for registration and drivers' licenses shall be indexed by the Commissioner and copied according to the regulations established by the Secretary of State. An original or certified true copy of an application shall be received as evidence in any court to prove the facts contained therein. b. Copies of applications may be obtained for a fee of $8 for an uncertified copy and $10 for a certified copy. c. The Commissioner may destroy all records of registration certificates or drivers' licenses, and their indexes, three years after the expiration of the registration certificate or drivers' license. Source: 39:3-28. This section is substantially similar to the source section but has been streamlined. The last sentence in (a) seems to be an evidentiary matter, more properly addressed by the Rules of Evidence. 39A:8-D2. Possession of license, registration and insurance identification card a. A driver's license, a registration certificate and an insurance identification card shall be in the possession of the driver of a vehicle at all times while the vehicle is operated on New Jersey roadways. The driver shall exhibit those documents when requested so to do by a police officer or a judge. b. A person who violates this section is subject to a fine not exceeding $100. If that person can produce a driver's license, registration certificate and insurance identification card valid on the day that person was charged, to the judge of the municipal court, the judge may dismiss the charge but may impose court costs. Source: 39:3-29. This section is substantially similar to the source section but has been streamlined. The original section provided that, in addition to supplying the documentation to a police officer when requested, the driver write his or her name in the presence of the officer, so that the officer may thereby determine the identity of the licensee This provision did not appear to have particular significance, but will be checked with law enforcement officers to see if it is appropriate to include it in this revision. 39A:8-D3. Insurance identification cards The Commissioner of Insurance shall, after consultation with the Commissioner, promulgate regulations concerning the issuance, design and content of insurance identification cards. Source: 39:3-29.1. This section is substantially identical to the source section. Page 4 of 6
CHAPTER 9. TRANSFER, DESTRUCTION OR LOSS 39A:9-TDL1. Transfer of ownership or destruction of vehicle a. Upon transfer of ownership or destruction of a vehicle, its registration shall become void. b. If a vehicle is sold, the original owner shall remove the license plates and surrender them to the Commission unless they are to be used on another vehicle as provided by subsection (c). c. The original owner may register another vehicle for the unexpired portion of the registration period of the original vehicle by applying and paying $4.50 plus any difference between the original fee paid and that now due if the new motor vehicle is in a higher weight class. Unless the original license plates have been destroyed, the owner shall be assigned the license number previously issued and shall receive a new registration certificate. If the original license plates have been destroyed, replacement of the plates will be made as provided in 39:3-32. d. A surviving spouse or child of a deceased registered owner of a vehicle who succeeds to ownership of the vehicle may have the registration transferred to the survivor by applying and paying $4.50. e. The registered owner of a vehicle may have the vehicle registered jointly in the name of the registered owner and spouse by applying and paying $4.50. f. If a vehicle is registered in the names of a husband and wife, title is presumed to vest in both with right of survivorship. If either dies, a new certificate of ownership and registration certificate may be granted to the survivor upon: application, payment of $4.50, proof of death, proof of marital status on the date of death by an approved affidavit, and surrender of the prior certificate of ownership. This section shall not impair the rights of a creditor of the decedent nor shall it be construed to waive the requirements of the New Jersey laws regarding Transfer Inheritance Tax. g. A vehicle registered in the name of a decedent may be operated by a duly licensed driver who is, or is authorized by, the surviving spouse or other member of the family of the decedent, under the decedent s registration certificate, for a period not exceeding 30 days after the decedent s death. Source: 39:3-30; 39:3-30.1; 39:3-30.1a; 39:3-30.2; 39:3-30.3. This section is substantially similar to the source sections but has been streamlined and consolidated. 39A:9-TDL2. Duplicate certificate or license a. The Commissioner may issue a duplicate original or amended registration certificate to the original holder upon receipt of a sworn statement that the original has been destroyed, lost or stolen, or that a duplicate is required for use by a family member. The fee for each duplicate or amended registration certificate is $5. A duplicate original may be used in the same manner and for the same purpose as the original. Page 5 of 6
b. The Commissioner may issue a duplicate driver's license to the original holder upon receipt of a sworn statement that the original has been destroyed, lost or stolen, or that a new color picture is requested. The fee for each duplicate is $5 in addition to the digitized picture fee. Source: 39:3-31; 39:3-31.1. This section is substantially similar to the source section. 39A:9-TDL3. Loss, destruction or defacement of license plates a. If one or both license plates or one or both inserts are lost, destroyed, or so defaced that the characters are illegible, the owner of the vehicle for which they were issued shall apply to the Commissioner for new plates or inserts within 24 hours of the discovery of the loss, destruction, or defacement. The application fee fixed by the Commissioner shall equal, as nearly as possible, the cost to the Commission of replacing the plates or inserts. The Commission may cancel the original registration and issue new plates, new inserts, and a new registration certificate, if necessary. b. License plates replaced as a result of defacement shall be replaced with plates of the same identifying characteristics as those on the plates replaced. c. When a person has surrendered license plates, the Commissioner may charge a fee for the issuance or reissuance of plates, in an amount equal, as nearly as possible, to the cost incurred by the Commission in reissuing or replacing the plates. Source: 39:3-32. This section is substantially similar to the source section but it has been streamlined and consolidated. It may be appropriate to delete the reference to inserts in (a) if they refer to the registration stickers that were placed on license plates since the Commission has discontinued the use of those stickers. Page 6 of 6