Interstate Compact

INTERSTATE COMPACT

39A:IC-1. Declarations of policy

a. The party States find that:

1. The safety of their streets and highways is materially affected by the degree of compliance with State laws and local ordinances relating to the operation of motor vehicles.

2. Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.

3. The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.

b. It is the policy of each of the party States to:

1. Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.

2. Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the over-all compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party States.

Source: 39:5D-1.

COMMENT

This section contains the substance of the original. Limited, if any, change was made to the sections in this chapter because of the interstate nature of the material.

39A:IC-2. Conviction

a. As used in this chapter:

(1) "State" means a State, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(2) "HomeState" means the State which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.

(3) "Conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by State law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.

b. The licensing authority of a party state shall report each conviction within its jurisdiction of a person from another party state to the licensing authority of the licensee’s home state. The report shall: clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security; and include any special findings made in connection therewith.

c. The licensing authority in the home State, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported as it would if such conduct had occurred in the home State, and shall apply the penalties of the home State or of the State in which the violation occurred, in the case of convictions for:

(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

(2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;

(3) Any felony in the commission of which a motor vehicle is used;

(4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

d. For convictions of offenses other than those listed in subsection (c), the licensing authority in the home State shall give effect to the conduct as is provided by the laws of the home State.

e. If the laws of a party State do not provide for violations described in precisely the words employed in subsection (c), a party State shall construe the descriptions appearing in that subsection as applying to and identifying violations of a substantially similar nature and the laws of each State shall contain provisions necessary to ensure that full force and effect is given to this chapter.

Source: 39:5D-2; 39:5D-3; 39:5D-4.

COMMENT

This section contains the substance of the original and has been consolidated.

39A:IC-3. Application for license

Upon application for a license to drive, the licensing authority in a party State shall ascertain whether the applicant has ever held, or is the holder of, a license to drive issued by any other party State. The licensing authority in the State where application is made shall not issue a license to drive to the applicant if:

a. The applicant has held such a license, but it has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.

b. The applicant has held such a license, but it has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked, a person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any applicant if, after investigation, the licensing authority determines that it will not be safe to grant that person the privilege of driving a motor vehicle on the public highways.

c. The applicant is the holder of a license to drive issued by another party State and currently in force unless the applicant surrenders such license.

Source: 39:5D-5.

COMMENT

This section contains the substance of the original.

39A:IC-4. Administration of compact

a. As used in this compact:

(1) "Licensing authority" with reference to this State, means the MVC.

(2) With reference to this State, "executive head" means the Governor.

b. Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other co-operative arrangement between a party state and a nonparty state.

c. The head of the licensing authority of each party state shall be the administrator of this compact for the state. The administrators, acting jointly, shall have the power to formulate all necessary procedures for the exchange of information under this compact. The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.

d. This compact shall become effective as to any state when it has enacted the same into law. Any party state may withdraw from this compact by enacting a statute repealing the compact, but no withdrawal shall take effect until six months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal.

e. This compact shall be liberally construed to effectuate its purposes. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and its applicability shall not be affected. If this compact is held contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

f. A court or other agency of this State, or a subdivision thereof, which has jurisdiction to take action suspending, revoking or otherwise limiting a license to drive, shall report such action and the adjudication upon which it is based to the MVC within three days on the required forms.

g. If it is determined by the Chief Administrator that the provisions of the compact, in full or in part, are not being implemented with respect to violations reported from this State by any other party State, the Director with the approval of the Governor, may suspend the enforcement of the provisions of this agreement as against the party State until such time as the Chief Administrator determines that implementation by the other party State is being had.

h. The compact administrator shall not be entitled to any additional compensation on account of service as the administrator, but shall be entitled to expenses incurred in connection with the duties and responsibilities as administrator, in the same manner as for expenses incurred in connection with any other duties or responsibilities of the administrator’s office or employment.

Source: 39:5D-6; 39:5D-7; 39:5D-8; 39:5D-9; 39:5D-10; 39:5D-11; 39:5D-12; 39:5D-13; 39:5D-14.

COMMENT

This section contains the substance of the original sections and has been consolidated. It is not clear if the licensing authority should be indicated as the MVC. This will be reviewed and corrected as necessary.

NONRESIDENT VIOLATOR COMPACT

39A:NVC-1. Findings, policy and purpose of party jurisdictions

a. The party jurisdictions find that:

(1) In most instances, a motorist who is cited for a traffic violation in a jurisdiction other than his home jurisdiction:

(A) Must post collateral or bond to secure appearance for trial at a later date; or

(B) If unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or

(C) Is taken directly to court for his trial to be held.

(2) In some instances, the motorist's driver's license may be deposited as collateral to be returned after he has complied with the terms of the citation.

(3) The purpose of the practices described in subsections 1a. and b. above is to ensure compliance with the terms of a traffic citation by the motorist who, if permitted to continue on his way after receiving the traffic citation, could return to his home jurisdiction and disregard his duty under the terms of the traffic citation.

(4) A motorist receiving a traffic citation in his or her home jurisdiction is permitted, except for certain violations, to accept the citation from the officer at the scene of the violation and to immediately continue on his way after promising or being instructed to comply with the terms of the citation.

(5) The practice described in subsection a. above causes unnecessary inconvenience and, at times, a hardship for the motorist who is unable at the time to post collateral, furnish a bond, stand trial, or pay the fine, and thus is compelled to remain in custody until some arrangement can be made.

(6) The deposit of a driver's license as a bail bond, as described in subsection 1b. above, is viewed with disfavor.

(7) The practices described herein consume an undue amount of law enforcement time.

b. It is the policy of the party jurisdictions to:

(1) Seek compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles in each of the jurisdictions.

(2) Allow motorists to accept a traffic citation for certain violations and proceed on their way without delay, whether or not the motorist is a resident of the jurisdiction in which the citation was issued.

(3) Extend cooperation to its fullest extent among the jurisdictions for obtaining compliance with the terms of a traffic citation issued in one jurisdiction to a resident of another jurisdiction.

(4) Maximize effective utilization of law enforcement personnel and assist court systems in the efficient disposition of traffic violations.

c. The purpose of this compact is to:

(1) Provide a means through which the party jurisdictions may participate in a reciprocal program to effectuate the policies enumerated in this section in a uniform and orderly manner.

(2) Provide for the fair and impartial treatment of traffic violators operating within party jurisdictions in recognition of the motorist's right of due process and the sovereign status of a party jurisdiction.

Source: 39:5F-1; 39:5F-2; 39:5F-3.

COMMENT

This section contains the substance of the original sections and consolidates them.

39A:NVC-2. Definitions

As used in this compact:

a. "Citation" means any summons, ticket, or other official document issued by a police officer for a traffic violation, containing an order which requires the motorist to respond;

b. "Collateral" means any cash or other security deposited to secure an appearance for trial, following the issuance by a police officer of a citation for a traffic violation;

c. "Compliance" means the act of answering a citation, summons or subpoena through appearance at court, or payment of fines and costs, or both;

d. "Court" means a court of law or traffic tribunal;

e. "Driver's license" means any license or privilege to operate a motor vehicle issued under the laws of the home jurisdiction;

f. "Home jurisdiction" means the jurisdiction that issued the driver's license of the traffic violator;

g. "Issuing jurisdiction" means the jurisdiction in which the traffic citation was issued to the motorist;

h. "Jurisdiction" means a state, territory, or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada, or other countries;

i. "Motorist" means a driver of a motor vehicle operating in a party jurisdiction other than the home jurisdiction;

j. "Personal recognizance" means an agreement by a motorist made at the time of issuance of the traffic citation that he will comply with the terms of that traffic citation;

k. "Police officer" means any individual authorized by the party jurisdiction to issue a citation for a traffic violation;

l. "Terms of the citation" means those options expressly stated upon the citation.

Source: 39:5F-4.

COMMENT

This section contains the substance of the original.

39A:NVC-3. Appearance and personal recognizance

a. When issuing a citation for a traffic violation, a police officer shall issue the citation to a motorist who possesses a driver's license issued by a party jurisdiction and shall not, subject to the exceptions noted in this chapter, require the motorist to post collateral to secure appearance, if the officer receives the motorist's personal recognizance that the motorist will comply with the terms of the citation.

b. Personal recognizance is acceptable only if not prohibited by law. If mandatory appearance is required, it shall take place immediately following issuance of the citation.

Source: 39:5F-5; 39:5F-6.

COMMENT

This section contains the substance of the original sections and has been consolidated.

39A:NVC-4. Report of motorist’s failure to comply with citation

a. Upon failure of a motorist to comply with the terms of a traffic citation, the appropriate official shall report the failure to the licensing authority of the jurisdiction in which the citation was issued. The report shall be made in accordance with procedures specified by the issuing jurisdiction and shall contain the information specified in the Compact Manual as minimum requirements for effective processing by the home jurisdiction.

b. Upon receipt of the report, the licensing authority of the issuing jurisdiction shall transmit to the licensing authority of the motorist’s home jurisdiction the information as specified in the Compact Manual.

c. The licensing authority of the issuing jurisdiction need not suspend the driving privilege of a motorist for whom a report has been transmitted.

d. The licensing authority of the issuing jurisdiction shall not transmit a report on a violation more than six months after the date on which the traffic citation was issued.

e. The licensing authority of the issuing jurisdiction shall not transmit a report on a violation if the date of issuance of the citation predates the most recent of the effective dates of entry for the two jurisdictions affected.

Source: 39:5F-7; 39:5F-8; 39:5F-9; 39:5F-10; 39:5F-11.

COMMENT

This section contains the substance of the original sections and consolidates them.

39A:NVC-5. Suspension of driver’s license

a. Upon receipt of a report of a failure to comply from the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action, in accordance with the home jurisdiction's procedures, to suspend the driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority. Due process safeguards will be accorded.

b. The licensing authority of the home jurisdiction shall maintain a record of actions taken and make reports to issuing jurisdictions as provided in the Compact Manual.

Source: 39:5F-12; 39:5F-13.

COMMENT

This section contains the substance of the original sections and has been consolidated.

39A:NVC-6. Effect of compact on other laws or agreements; violations not covered

a. Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party jurisdiction to apply any of its other laws relating to license to drive to any person or circumstance, or to invalidate or prevent any driver license agreement or other cooperative arrangements between a party jurisdiction and a nonparty jurisdiction.

b. The provisions of this compact shall not apply to parking or standing violations, highway weight limit violations, or violations of law governing the transportation of hazardous materials.

Source: 39:5F-14; 39:5F-25.

COMMENT

This section contains the substance of the original sections and has been consolidated.

39A:NVC-7. Board of compact administrators

a. To administer this compact and serve as a governing body for the resolution of matters relating to the operation, a Board of Compact Administrators is established. The Board shall be composed of one representative from each party jurisdiction, to be known as the compact administrator. The compact administrator shall be appointed by the chief executive of the jurisdiction and shall serve and be subject to removal in accordance with the laws of the jurisdiction. A compact administrator may provide for the performance of the administrator’s duties and functions as a Board member by an alternate. An alternate may not serve on the board unless written notification of the alternate’s identity has been given to the Board.

b. Each member of the Board shall be entitled to one vote. No action of the Board shall be binding unless taken at a meeting at which a majority of the total number of votes on the Board are cast in favor. Action by the Board shall be only at a meeting at which a majority of the party jurisdictions are represented.