REGISTRATION
39A:R-1. Definitions
a. “Agent” means a Motor Vehicle Agent.
b. “Apportioned vehicle” means a vehicle:
(1) Intended for use in two or more jurisdictions party to the International Registration Plan;
(2) Designed, used or maintained for the transportation of persons for hire or property;
(3) With a declared gross weight in excess of 26,000 pounds, three or more axles regardless of weight, or used in a combination of vehicles when the gross vehicle weight of such combination exceeds 26,000 pounds.
Recreation vehicles, vehicles displaying restricted plates, municipal pick-up and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles are not apportioned vehicles.
c. “Base jurisdiction” means, for fleet registration, the jurisdiction where: the registrant has an established place of business; mileage is accrued by the fleet vehicles; and operational records for the vehicles are maintained or can be made available.
d. “Bus” includes motor vehicles used for the transportation of passengers for hire, except commuter vans and vehicles used in ridesharing arrangements and school buses, if those vehicles are not otherwise used in the transportation of passengers for hire.
e. “Commercial vehicle” means a vehicle operated in interstate commerce and used for the transportation of persons for hire or compensation, or designed or used primarily for the transportation of property, excluding non-commercial type vehicles used for the delivery of mail on rural free delivery routes.
f. “Farm products” means a crop, livestock or fur products.
g. “Farm supplies” means any farm-related supply or repair item.
h. “Farmer” means a person engaged in the commercial raising, growing and producing of farm products on a farm of not less than five acres.
i. “Fleet” means one or more apportioned or commercial vehicles.
j. “Gross weight” means, for commercial vehicles, the weight of all vehicles in a combination of vehicles drawn by a commercial vehicle, including load or contents.
k. “In-jurisdiction miles” means the total number of miles operated by a fleet of apportioned vehicles in a jurisdiction during the preceding year. Mileage of New Jersey registered vehicles accrued in non-member jurisdictions shall be counted toward New Jersey in-jurisdiction miles.
l. “International Registration Plan” means a reciprocity agreement among signatory states of the United Statesand provinces of Canada providing for payment of registration fees based on fleet miles operated in each jurisdiction.
m. “Jurisdiction” means a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country, and a state or province of a foreign country.
n. “Motor carrier audit” means a physical examination of a motor carrier's operational records, including source documentation, to verify fleet mileage and the accuracy of the carrier's record keeping system.
o. “Motor vehicle” means a motor vehicle, motor-drawn vehicle, motor vehicle body or chassis, motorized bicycle and motorcycle.
p. “Operational records” means documents supporting miles traveled in each jurisdiction and total miles traveled, including fuel reports, trip sheets, and logs.
q. “Preceding year” means, for apportioned vehicles, the 12 consecutive months ending July 1 of the year preceding the calendar year during which registration is sought.
r “Properly registered”, as applied to the place of registration, means the jurisdiction where the registrant has a legal residence. For a commercial vehicle, the vehicle is registered in a jurisdiction:
(1) If the commercial enterprise has a place of business there, the vehicle is most frequently garaged, serviced, maintained, or controlled from that location and the vehicle is assigned to that place of business; or
(2) As the result of an arrangement between two or more jurisdictions or pursuant to a declaration.
The MVC shall determine the proper place of registration in the case of doubt or dispute and may confer with the other jurisdictions affected.
s. “Restricted plate” means a license plate with restrictions of time, geographic area, mileage or commodities or persons which may be hauled.
t. “State” means any state in the United States, and includes the District of Columbia.
u. “Total miles” for apportioned vehicles means all miles accumulated in all jurisdictions during the preceding year by all vehicles in a fleet while a part of the fleet. Mileage accumulated by a fleet that did not engage in interstate operations is not included.
Source: 39:3-2; 39:3-6.1; 39:3-6.11; 39:3-25.
COMMENT
This section consolidates definitions found in separate sections in the original, primarily sections 39:3-6.1 and 39:3-6.11. Some of these definitions are not specific to registration and will be moved to the general definitions section. Certain definitions were eliminated, including the definition of the term “member jurisdiction”, “negotiable title”, “owner”, “reciprocity”, “reciprocity agreement”, “registrant”, and “registration year”.
The term “source documentation” in (n) will be defined.
The paragraph calling for the promulgation of regulation to define other words was eliminated since there will be a general section providing for regulations. It is not clear if it would cause unnecessary confusion to have some statutory terms defined within the statute and others defined in regulations.
39A:R-2. Registration and licensing agents
a. The MVC shall designate at least one person in each county for each 300,000 inhabitants, or fraction thereof, to act as its agent and to register vehicles, issue registration certificates and license drivers subject to the applicable statute and regulations. The agent shall act until the agent’s authority is revoked by the MVC, and all moneys received shall promptly be deposited with the State Treasurer.
b. Until the agent contracts in effect in 2003 expire, the fee allowed an agent for registration certificates issued by, and for every license granted by, the agent shall be fixed by the MVC on the basis of the registration or license fees collected by the agent. The MVC may limit the fee so paid to a maximum. Such fee shall be paid to the agent by the State Treasurer upon the voucher of the MVC in the same manner as other State expenses are paid. At such time as the agent becomes a State employee, the agent shall receive a salary as fixed by the administrator in accordance with the MVC table of organization. Future agent appointments shall be in the State unclassified service and the agents shall serve at the pleasure of the administrator.
c. Agents shall undergo a background check prior to appointment, including a review of State, federal and financial records. No person may be appointed who has contributed $1,000 or more to any gubernatorial or State party committee in any one year during the five years preceding appointment. Agents shall be qualified by education and experience to administer a local MVC office, including a background in law enforcement, security services, customer relations, business administration, finance or management, or public administration or finance.
Source: 39:3-3.
COMMENT
This section contains the substance of the original. The best location for this section is not clear since it contains licensing and registration information, but deals specifically with local MVC offices. The most appropriate location may be the language regarding the organization of the MVC. Subsection (a) will be checked to see if all provisions are still applicable. The reference to Motor Vehicle Agent in (a) was removed as unnecessary. This section was fairly recently revised, but the MVC will be asked to confirm that these provisions are still followed in practice. Subsection (a) calls for all moneys to be deposited with the State Treasurer, and it is not clear whether this means only funds associated with licenses and registrations and whether there are some funds that should be handled in a different manner. This will be checked.
Subsection (b) is almost exactly as it appears in the statute and will be revised as appropriate. In subsection (c), a determination may be appropriate regarding the validity of the contribution limitation and the educational requirements.
39A:R-3. Exceptions from registration and licensing
The following vehicles are exempt from registration:
a. Fire engines;
b. Steam road rollers, traction engines, and self-propelled vehicles not used for the conveyance of persons for hire, pleasure or business, or the transportation of freight.
Source: 39:3-1.
COMMENT
This section contains the substance of the original. It is not clear whether this section applies to licensing as well as registration. It may not be appropriate for inclusion in the licensing section since it applies to specific vehicles rather than the operators of those vehicles.
39A:R-4. Method of registration of passenger vehicles and motorcycles
a. EveryNew Jersey resident and nonresident whose motor vehicle will be driven in New Jersey shall register the vehicle before using it on the public highways. A vehicle may not be driven in New Jersey unless registered as follows:
(1) The written application shall be completed, signed and submitted by the applicant or, if the applicant is a legally recognized separate business entity, by its agent or officer.
(2) The application shall contain the: name; street address; mailing address; age of the owner; description of the vehicle, including the make and vehicle identification number (VIN), manufacturer's number or number assigned by the chief administrator in the absence of a VIN; the insurer of the vehicle and policy number; and any other information required by the chief administrator. If a vehicle is leased, the application shall include the address and driver license number of the lessee and the name and address of the lessor.
(3) A post office box may appear on an application only as part of a mailing address in addition to the street address. If a street address is not on file for an applicant, it shall be provided on renewal. The chief administrator, upon application, shall permit a victim of a violation of 2C:12-10, 2C:14-2, or 2C:25-17, or who otherwise has good cause, to use as an address a post office box or other contact point in lieu of using their actual residence address.
b. Upon submission of a properly completed application and payment, the chief administrator may grant a registration to the owner of a vehicle who is over 17 years old if the vehicle complies with this chapter. The form and contents of registration certificates shall be determined by the chief administrator but if a vehicle is leased, the registration shall identify it as such.
c. The form and contents of registration certificates shall be determined by the chief administrator but if a vehicle is leased, the registration shall identify it as such. A registration is valid for 12 calendar months following the last day of the month in which it was issued. The chief administrator may, however, require registrations which expire between three and 26 months after the date of issuance, and the fees or charges shall be proportionately less or greater than those established by law. All motorcycles shall be issued registrations which expire between April 30 and October 31 and the fees for motorcycle registrations shall be fixed by the Chief administrator.
d. Notwithstanding any other provision of law, every registration for new passenger automobiles shall expire four years from the date on which it was issued. Following the four year period of the initial registration of a new passenger automobile, the subsequent registration shall expire on the last day of the 12th calendar month following the calendar month in which the certificate was next issued.
(1)
If the new passenger automobile being registered is a leased passenger automobile, the registration shall expire in accordance with the term of the lease. If the term of the lease extends beyond one or more 12-month periods by one or more months, the registration period shall be based upon the full year into which one or more of the months extend; provided, however, the registration period for a leased automobile shall not exceed four years.
(2) This section shall not apply to new passenger automobiles purchased by a rental company for use as rental passenger automobiles. As used in this paragraph, "rental company" means a person engaged in the business of renting motor vehicles; and "rental passenger automobile" means a passenger automobile that is rented without a driver and used in the transportation of persons or property other than commercial freight.
e. For vehicles other than new passenger vehicles, a registration is valid for 12 calendar months following the last day of the month in which it was issued. The chief administrator may, however, require registrations which expire between three and 26 months after the date of issuance, and the fees or charges shall be proportionately less or greater than those established by law. All motorcycles shall be issued registrations which expire between April 30 and October 31 and the fees for motorcycle registrations shall be fixed by the chief administrator.
f. The chief administrator may set the expiration date of registrations, without payment of a proportionate fee, at a date other than 12 months to assist in the implementation of vehicle inspection requirements or for other good cause. If a registration is so extended, upon renewal the owner shall pay the full fee as if no extension had been granted.
g. The chief administrator shall maintain a record of all registrations issued.
h. Application forms for renewals of vehicle registrations shall be sent to the address of the owner as it appears on the records of the MVC.
i. An insurer shall notify the chief administrator within 30 days of the termination of any policy of insurance on a vehicle registered in New Jersey.
j. A person who owns or controls an unregistered vehicle shall not permit it to be parked or to stand on a public highway. A police officer may remove an unregistered vehicle from the public highway to a storage location, and the expense of removal and storage shall be paid by the owner or lessee (if leased) of the vehicle.
k. Violation of subsection (a) is a class D offense. Misstating a fact in the application for registration, or failing to advise that a vehicle is a leased vehicle is a class C offense.
Source: 39:3-4.
COMMENT
This section contains the substance of the original but has been streamlined. The MVC will be asked whether or not a vehicle may carry multiple registrations. If not, it is not clear why a non-resident should register a vehicle here since non-residents may drive in this State without registering here.
Subsection (a) currently begins with the language “except as hereinafter provided”. That language was removed as confusing. In subsection (a) the term motor vehicle replaces the terms “automobile or motorcycle” for the sake of consistency with other sections of the statute, and in (a)(1), the word “corporation” was replaced by “legally recognized separate business entity” to include partnerships, LLCs, and other entities that may conduct business in their own names. Also in (a)(1), references to the application forms was modified to remove language stating those forms were prepared and supplied by the director and were to be submitted to the director. It appears that this need not be stated but it will be reinserted if necessary. In (a)(2), a descriptive term to differentiate between residence address and mailing address may be appropriate. Subsection (a)(3) was revised so that the language mirrored the language found in 3-L11.
In this section, references to the expiration of the registration simply state that it will expire, and do not include the language of the original statute adding that the registration certificate shall become void. It is not clear what the expiration of a registration means if not that the registration is no longer valid.
In subsection (d), the deadlines will be revised to make them clearer and more understandable.
Subsection (i) was added because there is a requirement in the current statute at 39:3-4b for an insurer to notify the Chief administrator of a termination of a policy of insurance covering a vehicle with a temporary registration, so it seemed that similar language might be appropriate for permanent registrations. Language calling for the notification of lessors regarding new provisions pertaining to leased vehicles was removed since it is assumed that such language is no longer needed.
Section 39:3-4.1 was not yet incorporated into this draft. It is not clear whether the language is still viable. If so, it will be included.
The section designates penalties according to the new penalty classification system contained in 39A:44-GP1.
39A:R-5. Temporary registration of passenger vehicles, motorcycles and noncommercial trucks
a. A New Jersey resident who acquires and temporarily registers a vehicle in another state may cause the vehicle to be operated on the public highways of this State for the unexpired term of the temporary registration.
b. A resident whose motor vehicle is properly registered in a foreign country may operate the vehicle for 20 days after importing it into New Jersey as though registered here if the foreign registration number is conspicuously displayed in the vehicle.
c. A nonresident who purchases an automobile from a licensed dealer in this State while enroute to another state may apply to register the vehicle in New Jersey temporarily according to 39:2-R4(a) and (b). An application shall contain the name of the insurer and the insurance policy number and the insurer shall notify the Chief administrator within 30 days if the policy is terminated. Upon receipt of a properly completed application, and the required fee, the Chief administrator or a licensed motor vehicle dealer whose location is not within five miles of a motor vehicle agency may grant temporary registration and temporary license plates to the owner of a vehicle who is over 17 years old if the vehicle complies with this chapter.
d. A temporary registration shall become effective immediately upon issuance and shall be valid for 20 days after the date issued. No temporary registration shall be renewed except as a permanent registration, pursuant to 39:R-4. The Chief administrator shall maintain a record of all temporary registration certificates issued.
e. The Chief administrator may prescribe regulations governing the issuance of temporary registration certificates and temporary license plates by motor vehicle dealers, motorized bicycle dealers and the MVC, and may require security sufficient to guarantee payment of all fees. Monies received from a licensed dealer for temporary registration certificates and license plates shall be deposited with the State Treasurer. If a licensed dealer engages in any abuse, the Chief administrator may suspend the dealer’s privilege to issue temporary registration certificates and temporary license plates. The Chief administrator shall annually determine the fee to be charged, which shall not exceed the actual cost to the State of implementing and enforcing this chapter.