ENFORCEMENT
39A:E-1. Enforcement
a. Except as otherwise provided, the enforcement of this subtitle shall be vested in the Chief Administrator and the police or peace officers of, or inspectors duly appointed for that purpose by, a municipality or county or by the State.
b. Nothing in this section shall be construed to authorize police or peace officers or inspectors appointed by a municipality or county to conduct random roadside examinations of a vehicle.
Source: 39:5-1.
COMMENT
This section contains the substance of the original.
Some additional modifications to the language are required to address the fact that chapters have been moved within the Title, so referring to a subtitle, as in (a) may no longer be sufficient.
39A:E-2. Definitions
As used in this chapter:
a. "Motor vehicle moving violation" means any violation of the motor vehicle laws of this State for which motor vehicle points are assessed by the Chief Administrator.
b. "Person with diplomatic immunity" means a person who displays to a law enforcement officer a driver's license issued by the United States Department of State or who otherwise claims immunities or privileges under Title 22, chapter 6 of the United States Code.
Source: 39:5-53.
COMMENT
This section contains the substance of the original.
39A:E-3. Judicial powers of Chief Administrator
a. The Chief Administrator shall have the same powers as are conferred on a municipal court judge.
b. In considering violations of this subtitle, the Chief Administrator may hold court in any municipality in the State, upon five days' notice given to the defendants summoned to appear. The Chief Administrator shall conduct the proceedings in compliance with the applicable Court Rules governing municipal courts.
c. The fees and costs shall be the same as in a municipal court. Appeals from a court held by the Chief Administrator shall be taken to the Superior Court.
Source: 39:5-2.
COMMENT
This section contains the substance of the original.
39A:E-4. Process; complaint; venue
a. When a person has violated a provision of this subtitle, the judge may, within 30 days after the commission of the offense, issue process directed to a constable, police officer or the Chief Administrator for the appearance or arrest of the person so charged. In the case of a violation enumerated in subsection (b), this period shall commence upon the filing of a complaint.
b. A complaint may be made to a judge for a violation of:
(1) 39:3-12, 39:3-34, 39:3-37, 39:4-129 or 39:10-24 within one year after the commission of the offense; and
(2) 39:4-50, 39:4-50.4a, 39:3-10.13, 39:3-10.24, 12:7-46, 12:7-57, 39:3-40, or 39:4-128.1 within 90 days after the commission of the offense.
c. Proceedings shall be brought before a judge with jurisdiction in the municipality in which the violation is alleged to have occurred. When a violation occurs on a street through which the boundary line of two or more municipalities runs or crosses, then the proceeding may be brought before the judge with jurisdiction in any one of the municipalities divided by the boundary line. If there is no judge or no judge with jurisdiction available for the acceptance of bail and disposition of the case, or if a judge with jurisdiction is disqualified for any legal cause, the proceeding shall be brought before a judge with jurisdiction in the nearest municipality to the one in which it is alleged the violation occurred.
d. Proceedings for the violation of this subtitle shall be brought in the name of the State, with the Chief Administrator, police officer, peace officer, constable or any other person who institutes the proceedings as prosecutor. A judge may refuse to issue a warrant on the complaint of a person other than the Chief Administrator or a police officer, until a sufficient bond to secure costs has been executed and delivered to the judge.
e. All acts, whether in connection with the taking of complaints, issuing process, return of process, taking of bail for appearance or committing to custody for failure to deposit such bail and all proceedings preliminary to trial, including the arraignment, taking of plea and postponement of trial and all ministerial acts and proceedings subsequent to trial, may be performed by the clerk or deputy clerk of a judge.
f. Proceedings may be instituted on any day of the week, and the institution of the proceedings on Sunday shall be no bar to successful prosecution. Any process served on Sunday shall be as valid as if served on any other day of the week.
Source: 39:5-3; 39:5-5; 39:5-6; 39:5-24.
COMMENT
This section contains the substance of the original sections and has been consolidated.
39A:E-5. Forfeiture of bond or cash deposit
a. A bail bond, if forfeited, may be enforced by the Chief Administrator. A cash deposit in lieu of bond, if forfeited, shall be paid to the Chief Administrator by the court with which it was deposited. Any such forfeiture shall be in a proceeding instituted by the Chief Administrator, a member of Chief Administrator’s staff, the State Police, an inspector of the Public Utility Commission, or a law enforcement officer of any other State agency.
b. The Chief Administrator shall dispose of the proceeds of the forfeiture in the manner provided by 39:5-40. The proceeds of forfeitures in a proceeding instituted by a local officer shall be forwarded by the court to the proper financial officer of the county in which they were collected, to be used by the county to fund road repairs. A court may first deduct costs and fees from forfeited bail as authorized by 22A:3-4, and pay the same to the municipal treasurer.
Source: 39:5-9.
COMMENT
This section contains the substance of the original.
39A:E-6. Arrest without warrant
a. A law enforcement officer may, without a warrant, arrest a person violating any provision of chapter 3 of this Title, in the officer’s presence, or any person, other than a person operating a vehicle running upon a route approved by the Board of Public Utilities (“BPU”), violating provision of chapter 4 of this Title in the officer’s presence. A law enforcement officer may, without a warrant, arrest any person the officer has probable cause to believe has operated a motor vehicle in violation of 39:4-50 or 39:3-10.13, regardless of whether the suspected violation occurs in the officer's presence. The exemption from arrest of an operator of a vehicle running on a route approved by the BPU shall not operate to prevent that person’s arrest for a violation of R.S. 39:4-50.
b. The arresting officer shall bring any person arrested without a warrant before a judge of the municipal court of the municipality where the offense is committed, or before the Chief Administrator. If the arrest is for a violation of 39:4-50, the arresting officer may, if no judge, clerk or deputy clerk is available, temporarily detain the person arrested in a police station or other place maintained by a municipality for the detention of offenders, or in the common jail of the county, for a reasonable time to permit the arresting officer to obtain a warrant for the offender's further detention. Temporary detention shall not exceed 24 hours from the time of the arrest. If the arrest is for a violation of any other provision of this Title, the person arrested shall be detained in the police station or municipal court until the arresting officer makes a complaint and a warrant issues.
c. A law enforcement officer may, instead of arresting an offender, serve that person with a summons.
d. Upon issuance of a summons or complaint charging a motorist with any violation, other than a parking violation, under Title 39, a law enforcement officer shall identify on the face of the summons or complaint, whether the motorist is a holder of a commercial driver license.
Source: 39:5-25; 39:5-25.1.
COMMENT
This section contains the substance of the original sections and has been consolidated.
Some additional modifications to the language are required to address the fact that chapters have been moved within the Title, so referring to a subtitle, or chapters within the Title may no longer be sufficient.
39A:E-7. Validity of summons or warrant
A summons or warrant issued by a court under this chapter shall be valid throughout the State. An officer who may serve the summons or warrant and make arrest in the county in which it was issued may also serve the summons or warrant and make arrest in any county of the State.
Source: 39:5-28.
COMMENT
This section contains the substance of the original.
39A:E-8. License exhibited to court
A driver arrested for a violation of this subtitle shall, on demand of the court hearing the complaint, produce the driver’s license for inspection. If the driver fails to produce a license or give satisfactory excuse for its nonproduction, the driver shall, in addition to any other penalties imposed, be subject to a fine not exceeding $25.
Source: 39:5-27.
COMMENT
This section contains the substance of the original.
39A:E-9. Suspension of sentence
In any proceeding instituted pursuant to this subtitle, except where a mandatory penalty is fixed, the court may suspend the imposition or execution of sentence, and may also place the defendant on probation under the supervision of the chief probation officer of the county for a period between six months and one year. The probation shall be administered pursuant to 2A:168-1 to 2A:168-13.
Source: 39:5-7.
COMMENT
This section contains the substance of the original.
39A:E-10. Appeal
a. If a defendant appeals to the Superior Court, the appeal shall operate as consent to an amendment of the complaint to substitute a new or different charge growing out of the act or acts complained of or the circumstances surrounding such acts. Any provision of law limiting the time within which a charge may be brought or proceedings taken in prosecution shall be deemed to have been waived by the appeal.
b. On an appeal by the defendant, the county prosecutor of the county in which the alleged violation was committed shall represent the complainant except when:
(1) A complaint is made by a member of the State Police charging a violation of 39:3-40, 39:4-50 or 39:4-96, in which case the Attorney General, and not the prosecutor, shall represent the complainant; and
(2) There is violation of a municipal ordinance relating to traffic regulations and the proceeding was instituted by a municipal officer, the municipal attorney shall represent the complainant.
c. If the county prosecutor is responsible for representing the complainant, the prosecutor may request the Attorney General to attend personally, or by such assistant or assistants as he shall designate, to aid in the prosecution of the appeal.
d. Where a license has been revoked for a violation of 39:4-50, and an appeal has been taken from the judgment, the appeal does not operate to restore the license during the pendency of the appeal, but the license may be restored either by the trial court or the appellate court pending disposition of the appeal.
Source: 39:5-11; 39:5-20; 39:5-22.
COMMENT
This section contains the substance of the original sections and has been consolidated.
39A:E-11. Suspension or revocation of driving privilege
a. Every: registration certificate; driver’s license; privilege to drive motor vehicles, including commercial motor vehicles; and endorsement may be suspended or revoked.
b. A person may be prohibited from obtaining a driver's license or a registration certificate, or disqualified from obtaining any endorsement, and the reciprocity privilege of a nonresident may be suspended or revoked by the Chief Administrator for a violation of this Title or on any other reasonable grounds, after notice in writing of the proposed suspension, revocation, disqualification or prohibition and the ground for the action.
c. The Chief Administrator may summon witnesses to appear before the Chief Administrator to give testimony in a hearing regarding a revocation of a license or registration certificate conducted by the Chief Administrator or a designated employee. The summons shall be served at least five days before the return date, either by registered mail or personal service. A person who willfully fails to obey the summons shall be guilty of a class B offense, and the vehicle registration or driver's license, or both, shall be revoked. The fine imposed for this violation shall be recovered with costs in an action prosecuted by the Attorney General. The fee for witnesses required to attend before the Chief Administrator shall be the same as those for attendance in the Superior Court. These fees shall be paid when the witness is excused from further attendance, and the disbursements made shall be audited and paid in the manner provided for expenses of the MVC. If the hearing is conducted by a designated employee, the employee shall recommend to the Chief Administrator in writing whether the license or registration shall be suspended or revoked.
d. The Chief Administrator shall issue a notice of proposed final suspension or revocation of a license, registration or nonresident reciprocity privilege to operate a motor vehicle held by the individual charged, or temporary order prohibiting the individual from obtaining a license, when a matter is presented to the Chief Administrator involving an alleged violation of
(1) 39:4-98, where a speed in excess of 20 miles per hour over the authorized speed limit is alleged, and which resulted in the death of another;
(2) 39:4-50, and which resulted in the death of another;
(3) 39:4-96, and which resulted in the death of another;
(4) 39:4-129, where the death of another has occurred, and the Chief Administrator has not determined to immediately issue a preliminary suspension; or
(5) Any other provision of this title, wherein the death of another occurred and for which the Chief Administrator determines immediate action is warranted.
e. In a notice of proposed final suspension or revocation the Chief Administrator shall provide the individual charged with an opportunity for a plenary hearing to contest the proposed final suspension, revocation or other final agency action. Unless the MVC receives, no later than the 10th day after the notice was mailed, a written request for hearing, the proposed final agency action shall take effect on the date specified in the notice.
f. The Chief Administrator for good cause may, without hearing, immediately issue a preliminary suspension of a license, registration or nonresident reciprocity privilege to operate a motor vehicle held by the individual charged, or temporary order prohibiting the individual from obtaining a license, when a matter is presented to the Chief Administrator involving an alleged violation of
(1) 39:4-98, where a speed in excess of 20 miles per hour over the authorized speed limit is alleged, and which resulted in the death or serious bodily injury of another;
(2) 39:4-50, and which resulted in the death or serious bodily injury of another;
(3) 39:4-96 or 39:4-97, and which resulted in the death or serious bodily injury of another; or
(4) 39:4-129, where the death or serious bodily injury of another has occurred, and the Chief Administrator has not determined to immediately issue a preliminary suspension.
For purposes of this subsection, "serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
g. Along with the notice of preliminary suspension, the Chief Administrator shall issue a notice of proposed final suspension, revocation or other final agency action, and shall afford the individual the right to a preliminary hearing to contest the preliminary suspension and a plenary hearing to contest the proposed final agency action. The preliminary suspension shall remain in effect pending a final agency decision on the proposed final agency action, unless a request for a preliminary hearing is received by the MVC no later than the 10th day after the notice was mailed. The proposed final agency action shall take effect on the date specified in the notice unless a request for a plenary hearing is received by the division no later than the 10th day from the date on which the notice was mailed.
h. Upon receipt of a timely request for a plenary hearing, a preliminary hearing shall be held by an administrative law judge within 15 days of the receipt of the request. The preliminary hearing shall be to determine whether, pending a plenary hearing on the proposed final agency action, a preliminary suspension shall be immediately issued by the judge. Adjournment of such hearing upon motion by the individual charged shall be given only for good cause shown.
i. At the preliminary hearing, the parties shall proceed on the papers submitted to the judge, including the summons, the police reports and the charged individual's prior driving record submitted by the MVC, and any brief affidavits permitted by the judge from persons who shall be witnesses at the plenary hearing, and the parties may present oral argument. Based on: the papers; oral argument; the individual's prior driving record; and the circumstances of the alleged violation, the judge shall determine whether the individual was properly charged with a violation of the law and a death occurred and, if so, whether in the interest of public safety, a preliminary suspension shall be immediately ordered pending the plenary hearing on the proposed suspension or revocation. The administrative law judge shall transmit his findings to the Chief Administrator.
j. A plenary hearing shall be held no later than the 45th day following the preliminary hearing. Adjournment of the hearing shall be given only for good cause shown. If the hearing is postponed or delayed solely at the instance of the individual charged, the administrative law judge shall immediately issue a preliminary suspension of a license, registration or nonresident reciprocity privilege held by that individual, or if a preliminary suspension or order is in effect, the judge shall continue it. A preliminary suspension or temporary order shall remain in effect pending a final agency decision. If the hearing is postponed or delayed at the instance of anyone other than the individual charged, the judge shall immediately issue an order restoring the individual's license, registration or nonresident reciprocity privilege pending a final agency decision. The period of preliminary suspension shall be deducted from any suspension imposed by the final agency decision in the matter.
k. Whenever a fatal accident occurs in this State, an investigation of the incident, whether performed by the State Police or by local police, shall be completed and forwarded to the Chief Administrator within 72 hours of the time of the accident.
l. Any determination resulting from any preliminary or plenary hearing held pursuant to this section shall not be admissible at any criminal or quasi-criminal proceedings on the alleged violation or violations.
m. In addition to any other final agency action, the Chief Administrator shall require a person whose privileges to operate a motor vehicle are suspended or who has been prohibited from obtaining a license, pursuant to this section, to be reexamined to determine the person's ability to operate a motor vehicle prior to regaining or obtaining any driving privileges in this State.