TOURING PRIVILEGES. 39:TP-1. Touring privileges

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1 TOURING PRIVILEGES 39:TP-1. 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 Chief administrator, 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) 2-axle truck, $288; (2) 3-axle truck, $381.50; (3) 3-axle combination of vehicles, $475; (4) combination of vehicles with more than 3 axles, $687.50; and (5) 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.

2 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:TP-2. 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. Violation of this section is a class C offense. 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. The section designates penalty according to the new penalty classification system contained in 39A:44-GP1. 39:TP-3. Suspension of touring privileges a. The Chief administrator may suspend the operating privilege of any or all motor vehicles registered in another jurisdiction when, in the Chief administrator s judgment, that jurisdiction prohibits the free operation therein of any or all motor vehicles belonging to New Jersey residents. b. The Chief administrator 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:TP-4. Continuation of touring privileges after becoming a resident a. 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

3 New Jersey as a nonresident, may continue to operate with touring privileges for 60 days 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. b. The chief administrator shall not issue a driver's license to a person who is entitled to operate a motor vehicle in this State under a reciprocity privilege granted by any law. c. A person who becomes a resident of this State and who immediately prior thereto was authorized to operate and drive a motor vehicle or motor vehicles in this State as a nonresident pursuant to 39:3-15 and 39:3-17, shall register any vehicle operated on the public highways of this State within 60 days of becoming a resident of New Jersey, pursuant to 39:3-4 or 39: d. Violation of subsection (c) is a Class C offense. In addition to any other penalties imposed, a person who violates subsection (c) a third or subsequent time shall have the vehicle impounded by the law enforcing agency for not less than 96 hours. The vehicle shall only be released to the registered owner upon proof of registration and insurance and payment of all reasonable towing and storage fees. (1) If the owner of an impounded vehicle fails to claim the impounded vehicle by midnight of the 30th day following the day on which the vehicle was impounded, that vehicle may be sold at auction. (2) Notice of the sale shall be given by the impounding entity by certified mail to the owner of the vehicle, if the owner's name and address are known, and to the lienholder, if the lienholder's name and address are known, and by publication in a form prescribed by the chief administrator by one insertion, 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 vehicle is impounded. (3) At any time prior to the sale of an impounded vehicle, the owner or other person entitled to the vehicle may reclaim possession upon showing proof of registration and insurance and paying all costs associated with the impoundment, and reasonable towing and storage fees. (4) The owner-lessor of an impounded vehicle shall be entitled to reclaim possession without payment or proof of insurance and the lessee shall be liable for all outstanding costs associated with the impoundment, towing, and storage of the vehicle. e. Any proceeds obtained from the sale of a vehicle at public auction pursuant to subsection d. of this section in excess of the amount owed to the impounding entity for the reasonable costs of towing and storage and any other costs associated with the impoundment of the vehicle shall be returned to the owner of that vehicle, if his name and address are known. Source: 39: 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, if an alternate time period is provided by law, a more specific reference will be made to it in this section. The

4 section designates penalty according to the new penalty classification system contained in 39A:44-GP1. The sale provisions set forth in (d) are duplicative of other language in this Title and elsewhere and should be removed and replaced with language making reference to a single section including the sale provisions.

5 DOCUMENTS 39A:D-1. Documents indexed by Chief administrator; copies a. Applications for registration and drivers' licenses shall be indexed by the Chief administrator 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 Chief administrator 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) may be an evidentiary matter more properly addressed by the Rules of Evidence. 39A:D-2. 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 highways. The driver shall exhibit those documents when requested so to do by a police officer or a judge. b. Violation of this section is a class D offense, except that if the person is a driver or operator of an omnibus, as defined in 39:1-1, it is a class C offense. $25 of any such fine collected shall be deposited in the Uninsured Motorist Prevention Fund established by 39:6B-3. Additional penalties also apply if the person is unable to produce proof of insurance to the law enforcement agency that issued the summons within 24 hours as indicated in 39:3-29.1a. If the person charged with a violation of this section 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. c. In addition to and independent of any fine or other penalty provided for under law, the court shall impose a fine of $150 on any driver or operator of an omnibus, convicted of a violation of this section, who does not have a certificate of public convenience and necessity as required by 48:4-3. The State Treasurer shall annually deposit the monies collected from the fines imposed pursuant to this paragraph to the "Omnibus Safety Enforcement Fund" established by 39: The fine described herein shall not be deemed a fine, penalty, or forfeiture pursuant to 39:5-41. 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

6 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. The section designates penalty according to the new penalty classification system contained in 39A:44-GP1. The level of the offense for a passenger vehicle driver had been changed from class C to class D by the Commission to bring the penalty in accord with penalties for similar offenses in response to concerns raised by law enforcement officers. An additional sentence was added to subsection (b) to clarify that it was now necessary to provide proof to the agency issuing the summons within 24 hours, rather than just appearing in municipal court with the proof of insurance, as had previously been the case. 39A:D-3. Failure to provide proof of insurance a. Upon the issuance of a summons for failing to possess or exhibit an insurance identification card in violation of 39:3-29, the violator or registrant shall have 24 hours from the time of the citation to provide the issuing law enforcement agency with the insurance identification card, or other satisfactory proof of insurance. Failure to provide the insurance identification card or other satisfactory proof of insurance within the 24 hour time frame shall result in the issuance of a warrant for the immediate impoundment of the vehicle that was being operated when the summons was issued. A motor vehicle impounded pursuant to the provisions of this subsection shall be removed to a storage space or garage. The registrant shall be responsible for the cost of the removal and storage of the impounded motor vehicle. b. If the registrant fails to claim a motor vehicle impounded pursuant to subsection a. of this section and pay the reasonable costs of removal and storage by midnight of the 30th day following impoundment, along with a fine of $100 to cover the administrative costs of the municipality wherein the violation occurred, and after a hearing, 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 MVC, and by publication in a form to be prescribed by the director by one insertion, 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. c. At any time prior to the sale, the registrant or other person entitled to the motor vehicle may reclaim possession of it upon providing satisfactory proof of motor vehicle liability insurance coverage and 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, he may reclaim the motor vehicle without payment. In such cases, the registrant shall be liable for all outstanding costs, fines and penalties, and the municipality shall have a lien against the property and income of that registrant for the total amount of those outstanding costs, fines and penalties. d. Any proceeds obtained from the sale of a motor vehicle at public auction pursuant to (b) of this section 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: 39:3-29.1a.

7 This section is substantially the same as the original. This section is one of several in the Title that includes provisions for the sale of a vehicle. Additional research will be done to see if it is possible to eliminate the duplication without creating additional problems. This section includes language inconsistent with that found in 39:3-29 and the language of that section was modified slightly to refer to this section. 39A:D-4. Insurance identification cards The Commissioner of Banking and Insurance shall, after consultation with the chief administrator, promulgate regulations concerning the issuance, design and content of insurance identification cards, including provisions designed to deter and detect counterfeit or fraudulent insurance identification cards. Source: 39: This section is substantially identical to the source section.

8 TRANSFER, DESTRUCTION OR LOSS 39A:TDL-1. 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 MVC 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: This section is substantially similar to the source sections but has been streamlined and consolidated. 39A:TDL-2. Duplicate certificate or license a. The Chief administrator 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.

9 b. The Chief administrator 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. c. Notwithstanding any other provision of law to the contrary, the fee for a duplicate or amended registration certificate for any new passenger automobile required to be registered for a 48-month term or for any new passenger automobile leased for a term of more than 12 months pursuant to 39:3-4, shall be $11. Source: 39:3-31; 39: This section is substantially similar to the source section. 39A:TDL-3. 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 Chief administrator for new plates or inserts within 24 hours of the discovery of the loss, destruction, or defacement. The application fee fixed by the Chief administrator shall equal, as nearly as possible, the cost to the MVC of replacing the plates or inserts. The MVC 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 Chief administrator 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 MVC 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 MVC has discontinued the use of those stickers.