Bill Text: NJ S1263 | 2010-2011 | Regular Session | Introduced
Bill Title: Decreases certain motor vehicle fines and lengthens time to provide proof of insurance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-08 - Introduced in the Senate, Referred to Senate Transportation Committee [S1263 Detail]
Download: New_Jersey-2010-S1263-Introduced.html
Sponsored by:
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
SYNOPSIS
Decreases certain motor vehicle fines and lengthens time to provide proof of insurance.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain motor vehicle fees and amending R.S.39:3-29 and P.L. 2003, c.89.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:3-29 is amended to read as follows:
The driver's license, the registration certificate of a motor vehicle and an insurance identification card shall be in the possession of the driver or operator at all times when he is in charge of a motor vehicle on the highways of this State.
The driver or operator shall exhibit his driver's license and an insurance identification card, and the holder of a registration certificate or the operator or driver of a motor vehicle for which a registration certificate has been issued, whether or not the holder, driver or operator is a resident of this State, shall also exhibit the registration certificate, when requested so to do by a police officer or judge, while in the performance of the duties of his office, and shall write his name in the presence of the officer, so that the officer may thereby determine the identity of the licensee and at the same time determine the correctness of the registration certificate, as it relates to the registration number and number plates of the motor vehicle for which it was issued; and the correctness of the evidence of a policy of insurance, as it relates to the coverage of the motor vehicle for which it was issued.
Any person violating this section shall be subject to a fine of [$150] $75 for each document he is unable to exhibit when so requested, except that if the person is a driver or operator of an omnibus, as defined pursuant to R.S.39:1-1, the amount of the fine shall be [$250] $150. Of the amount of any such fine collected pursuant to this paragraph, $25 shall be deposited in the Uninsured Motorist Prevention Fund established by section 2 of P.L.1983, c.141 (C.39:6B-3).
If a person charged with a violation of this section can exhibit his driver's license, insurance identification card and registration certificate, which were valid on the day he was charged, to the judge of the municipal court before whom he is summoned to answer to the charge, such judge may dismiss the charge. However, the judge may impose court costs.
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 pursuant to R.S.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 pursuant to section 4 of P.L.2007, c.40 (C.39:3-79.23). The fine described herein shall not be deemed a fine, penalty, or forfeiture pursuant to R.S.39:5-41.
(cf: P.L.2007, c.40, s.2)
2. Section 79 of P.L.2003, c.89 (C.39:3-29.1a) is amended to read as follows:
79. a. Upon the issuance of a summons [for failing to possess or exhibit an insurance identification card in violation of R.S.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] charging a violation of R.S.39:3‑29 for failing to possess or exhibit an insurance identification card, the law enforcement officer shall provide the operator of the motor vehicle with a written notification that the operator must appear in court with proof of current motor vehicle liability insurance coverage for the motor vehicle identified in the summons and that failure to do so may result in the impoundment of that vehicle. [Failure] If the defendant to whom the summons was issued, and who is also the owner or registered owner of the motor vehicle, fails 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] court with proof of current motor vehicle liability insurance coverage for the motor vehicle identified in the summons, then the law enforcement agency or prosecutor may seek an order from the court authorizing the impoundment of that motor vehicle. A motor vehicle impounded pursuant to the provisions of this subsection shall be removed to a storage space or garage. The [registrant] owner or registered owner of the motor vehicle shall be responsible for the cost of the removal and storage of the [impounded] motor vehicle impounded pursuant to the court order.
b. (1) If the [registrant] owner or registered owner of the motor vehicle 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] owner or registered owner of the motor vehicle and to the holder of any security interest filed with the New Jersey Motor Vehicle Commission, and by publication in a form to be prescribed by the [director] 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 motor vehicle has been impounded.
(2) At any time prior to the sale, the [registrant] owner, registered owner or other person entitled to the motor vehicle may reclaim possession of [it] the vehicle 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] administrative costs; 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] the lessor or the holder of a lien on the motor vehicle may reclaim the motor vehicle without payment. In such cases, the [registrant] owner or registered owner 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] the owner or registered owner for the total amount of those outstanding costs [, fines and penalties].
(3) Any proceeds obtained from the sale of a motor vehicle at public auction pursuant to paragraph (1) of this subsection 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] administrative costs shall be promptly returned to the [registrant] owner or registered owner of the vehicle without the owner or registered owner having to file a claim or other action .
(cf: P.L.2003, c.89, s.79)
3. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
This bill would decrease the fine for a driver who fails to possess a driver's license, registration certificate, or insurance identification card while driving or operating a motor vehicle in this State. Under current law, except for a driver or operator of an omnibus, the fine is $150 per document not in possession of the driver. This bill decreases that fine from $150 to $75 per document. In the case of a driver or operator of an omnibus, the $250 fine is decreased to $125 per document. The bill retains the existing provision dedicating $25 from the fine for deposit in the "Uninsured Motorist Prevention Fund."
The bill provides that upon issuance of a summons charging a violation of R.S.39:3-29 for failing to possess or exhibit an insurance identification card, the law enforcement officer shall provide a violator with a written notification that the operator must appear in court with proof of current motor vehicle liability insurance coverage and that failure to do so may result in impoundment of the vehicle.
This bill also clarifies that a court order is needed before a vehicle is impounded for failure to supply proof of current motor vehicle liability insurance coverage but gives the law enforcement authority discretion over whether to seek such an order, rather than making impoundment action automatic (as under current law).
