New Jersey-2018-S1852-Amended

An Act concerning snowmobiles ¹, dirt bikes,¹ and all-terrain vehicles and supplementing P.L.1973, c.307 (C.39:3C-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. A snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ operated on any public street, highway, or right-of-way in violation of section 17 of P.L.1973, c.307 (C.39:3C-17) shall be impounded by the law enforcing agency and subject to a fee and costs as hereinafter provided:

(1) For a first offense, the snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ shall be impounded for not less than ¹[48 hours] seven days¹ and shall be released to the registered owner upon proof of registration and insurance and payment of a fee of $500 payable to the municipality, plus reasonable towing and storage costs.

(2) For a second or subsequent offense, the snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ shall be impounded for not less than ¹[96 hours] 14 days¹ and shall be released to the registered owner upon proof of registration and insurance and payment of a fee of $750 payable to the municipality, plus reasonable towing and storage costs.

b. If the registered owner ¹of a snowmobile, all-terrain vehicle, or dirt bike impounded pursuant subsection a. of this section¹ fails to claim the impounded snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ and pay all outstanding fees and costs by midnight of the 30th day following the day on which the snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ was impounded, that snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ may be sold at ¹public¹ auction. Notice of the sale shall be given by the impounding entity by certified mail to the owner of the snowmobile or all-terrain vehicle, if the owner's name and address are known, and to the holder of any security interest filed with the Chief Administrator of the New Jersey Motor Vehicle Commission, and by publication in a form prescribed by the ¹[director] chief administrator¹ 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 snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ is impounded.

c. At any time prior to ¹[the] a¹ sale ¹pursuant to subsection b. of this section¹ , the owner or other person entitled to the snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ may reclaim possession upon showing proof of registration and insurance and paying all outstanding fees and costs associated with the impoundment, and reasonable towing and storage costs.

The owner-lessor of ¹[an impounded] a¹ snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike impounded pursuant to paragraph (1) or (2) of subsection a. of this section¹ shall be entitled to reclaim possession without payment and the lessee shall be liable for all outstanding fees and costs associated with the impoundment, towing and storage of the snowmobile or all-terrain vehicle.

d. Any proceeds obtained from the sale of a snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ at public auction pursuant to subsection b. of this section in excess of the amount owed to the impounding entity for the reasonable costs of towing and storage and any fees or other costs associated with the impoundment of the snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ shall be returned to the owner of that snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹, if ¹[his] the owner's¹ name and address are known. If the owner's name and address are unknown or ¹[such] the¹ person or entity cannot be located, the net proceeds shall be administered in accordance with the "Uniform Unclaimed Property Act," R.S.46:30B-1 et seq.

2. A person who operates a snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ on any public street, highway or right-of-way in violation of section 17 of P.L.1973, c.307 (C.39:3C-17) shall:

a. For a first offense, be ¹[subject to a fine of $250 and the suspension or postponement of their driving privileges for 30 days. Upon conviction, the court shall forward a report to the New Jersey Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court under this section. If a person at the time of the imposition of the sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of 30 days after the person reaches the age of 17 years] ordered by the court to perform community service for a period of 30 days, which shall be of a form and on terms as the court shall deem appropriate under the circumstances¹.

b. For a second offense, be ¹[subject to a fine of $500 and the suspension or postponement of their driving privileges for six months. Upon conviction, the court shall forward a report to the New Jersey Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court under this section. If a person at the time of the imposition of the sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years] ordered by the court to perform community service for a period of 60 days, which shall be of a form and on terms as the court shall deem appropriate under the circumstances¹.

c. For a third or subsequent offense, be ¹[subject to a fine of $1,000 and the suspension or postponement of their driving privileges for two years. Upon conviction, the court shall forward a report to the New Jersey Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court under this section. If a person at the time of the imposition of the sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of two years after the person reaches the age of 17 years] ordered by the court to perform community service for a period of 90 days, which shall be of a form and on terms as the court shall deem appropriate under the circumstances¹ .

3. This act shall take effect on the first day of the third month following enactment.