Sponsored by:
Assemblyman CARMELO G. GARCIA
District 33 (Hudson)
Assemblyman DECLAN J. O'SCANLON, JR.
District 13 (Monmouth)
Co-Sponsored by:
Assemblyman Carroll, Assemblywoman McHose and Assemblyman Space
SYNOPSIS
Prohibits immobilization of motor vehicle under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning immobilization of motor vehicles and amending P.L.1985, c.14.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 12 of P.L.1985, c.14 (C.39:4-139.13) is amended to read as follows:
12. a. The governing body of every municipality may make, amend, repeal and enforce an ordinance authorizing the impoundment or immobilization of a vehicle found within the jurisdiction of that municipality if there are any outstanding warrants against the vehicle. Notwithstanding the provisions of any other law to the contrary, the governing body of a municipality shall not make, amend, or enforce an ordinance authorizing the immobilization of a motor vehicle found within the jurisdiction of that municipality under any other circumstances.
b. Except for vehicles owned by lessors who have complied with paragraphs (1) and (2) of subsection b. of section 4 of this act, if the outstanding warrants are not paid by midnight on the 30th day following the day on which the vehicle was impounded or immobilized, the vehicle may be sold at a public auction. The municipality shall give notice of the sale by certified mail to the owner, if his name and address are known, and to the holder of any security interest filed with the director, 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 or immobilized.
c. At any time prior to the sale, the owner of the motor vehicle or other person entitled to the motor vehicle may reclaim possession of the motor vehicle upon payment of the reasonable costs of removal and storage of the motor vehicle, any fine or penalty and court costs assessed against him for a violation that gave rise to the impoundment or immobilization of the motor vehicle, and any outstanding warrants against the vehicle; however, the owner-lessor of a motor vehicle who has complied with paragraphs (1) and (2) of subsection b. of section 4 of this act shall be entitled to reclaim possession without payment and the lessee shall be liable for any fine, penalty, court costs and outstanding warrants against the vehicle.
d. Any proceeds obtained from the sale of a vehicle at public auction pursuant to subsection 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, any fine or penalty and court costs assessed against him for a violation that gave rise to the impoundment or immobilization of the motor vehicle, and any outstanding warrants against the vehicle, shall be returned to the owner of the vehicle, if his name and address are known.
(cf: P.L.1985, c.14, s.12)
2. This act shall take effect immediately.
STATEMENT
This bill prohibits the immobilization, commonly referred to as booting, of a motor vehicle under certain circumstances.
Under current law, a municipality may make, amend, repeal, and enforce an ordinance authorizing the impoundment or immobilization of a motor vehicle in that municipality if there are any outstanding warrants against the vehicle.
The provisions of this bill prohibit a municipality from making, amending, or enforcing an ordinance that authorizes the immobilization of a motor vehicle in that municipality under any circumstances other than when there is an outstanding warrant against the motor vehicle.