A4220

An Act concerning motor vehicle sales and amending P.L.1969, c.301 and P.L.1989, c.210.

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

1. Section 1 of P.L.1969, c.301 (C.39:3-4b) is amended to read as follows:

1. Any nonresident purchasing an automobile [in the State while enroute to another State or Federal district from a licensed dealer] from a licensed dealer in New Jersey which is to be principally garaged, registered, and titled in another state, federal district, or another country, may register the same in New Jersey on a temporary basis.

Such temporary registration shall be made in the following manner: An application in writing, signed by the applicant or by an agent or officer in case the applicant is a corporation, shall be made to the [director] chief administrator or [his] the chief administrator’s lawful agent, on forms prepared and supplied by the [director] chief administrator, containing the name, address and age of the owner, together with a description of the character of the automobile, including the name of the maker and the manufacturer's number or the motor number, or both, and any other statement that may be required by the [director. If the vehicle is insured by motor vehicle liability insurance as provided for in section 3 of chapter 173 of the laws of 1952, the applicant must file an accompanying certificate, issued by the insurance carrier. An application shall contain the name of the insurer of said vehicle and the policy number.] chief administrator. A temporary registration certificate shall not be issued unless the licensed dealer has confirmed that the vehicle for which the temporary registration is to be issued is insured in accordance with the requirements of the “Motor Vehicle Security-Responsibility Law,” P.L.1952, c.173 (C.39:6-23 et seq.), or the corresponding financial responsibility laws of the state in which the vehicle is to be titled and registered.

In the event that such insurance is terminated, the insurer shall notify the [director] chief administrator within 30 days, following [such] the termination.

Thereupon the [director] chief administrator or licensed dealer shall have the power to grant a temporary registration certificate and temporary plates to the owner of any automobile, if over 17 years of age, either directly or through any licensed motor vehicle dealer who is not within the geographical district, application for the temporary registration having been properly made and the fee therefor paid, and the vehicle being of a type that complies with the requirements of this subtitle. The form and contents of the temporary registration certificate to be issued shall be prescribed by the [director] chief administrator. The [director] chief administrator shall maintain a record of all temporary registration certificates issued, and of the contents thereof.

Every temporary registration shall expire and the certificate thereof become void on the [twentieth] thirty-first day following the date on which the certificate was issued; no temporary registration shall be renewed, except as a permanent registration pursuant to [section 39:3-4 of the Revised Statutes] R.S.39:3-4, and after payment of the fees prescribed therein , or as a second temporary registration certificate issued pursuant to section 2 of P.L.1969, c.301 (C.39:3-4c).

The [director] chief administrator shall issue temporary registration certificates for the [20] 30 day registration period, which shall be effective immediately.

Any person violating the provisions of this section shall be subject to a fine not exceeding [$100.00] $100, except that for the misstatement of any fact in the application required to be made by the [director] chief administrator, the person making such statement shall be subject to the penalties provided in [section 39:3-37 of this Title] R.S.39:3-37.

(cf: P.L.1969, c. 301, s.1)

2. Section 2 of P.L.1969, c.301 (C.39:3-4c) is amended to read as follows:

2. The chief administrator may prescribe rules and regulations governing the issuance of temporary registration certificates and temporary plates by motor vehicle dealers, motorized bicycle dealers, and the Motor Vehicle Commission and may require security in sufficient amount to guarantee payment of all fees and moneys to the State of New Jersey and, upon a finding that any abuse has been practiced by any licensed motor vehicle or motorized bicycle dealer, the chief administrator shall have the right to suspend [such] the dealer's privilege or franchise [to issue such] from issuing temporary registration certificates and plates. Temporary registration certificates for vehicles to be permanently registered in New Jersey or any other jurisdiction shall be valid for a period of 30 days. In the event permanent registration has been delayed by reason of a lost title certificate or failure of a lien holder to timely turn over a certificate of title, a second temporary registration certificate may be issued. A licensed motor vehicle or motorized bicycle dealer shall make a record in the form and manner prescribed by the chief administrator for [each such] any second temporary registration certificate issued and shall pay an enhanced fee to be determined by the chief administrator for each [such] second temporary registration issued. Each licensed motor vehicle or motorized bicycle dealer shall annually determine the fees to be paid pursuant to this section and shall remit annually under certification the amount due to the Motor Vehicle Commission.

No temporary registration certificate shall be issued by a licensed dealer hereunder unless [such] the licensed dealer has confirmed that the vehicle for which the temporary registration is to be issued is [insured] covered by a policy of insurance in accordance with the requirements of the "Motor Vehicle Security-Responsibility Law," P.L.1952, c.173 (C.39:6-23 et seq.), whether by a policy in the name of the purchaser covering the vehicle or which would provide coverage for the purchaser while operating the vehicle or by an endorsement to a policy in the name of the licensed dealer; provided, however, no permanent registration shall be issued unless a policy in the name of the purchaser or someone in the purchaser's household is confirmed.

A temporary registration certificate issued hereunder may be issued by any employee authorized by a licensed dealer to do so; however, the licensee shall be liable for the acts of any [such] authorized [person] employee in issuing temporary registrations, whether the particular unlawful acts were authorized or unauthorized.

(cf: P.L.2007, c.335, s.19)

3. Section 1 of P. L.1989, c.210 (C.39:3-4f) is amended to read as follows:

1. A resident owner of any motor vehicle which has been registered in accordance with the laws respecting the registration of motor vehicles in a foreign country may operate the motor vehicle in this State for [20] 30 days after the owner imports the motor vehicle into this State in the same manner and to the same extent as though the motor vehicle was registered in this State, provided the registration number is conspicuously displayed on the motor vehicle.

(cf: P.L.1989, c.210, s.1)

4. This act shall take effect immediately.

STATEMENT

This bill amends current law concerning temporary registration certificates for vehicles sold to out-of-State residents.

At present, a nonresident purchasing an automobile from a licensed dealer in New Jersey, in which the vehicle is to be principally garaged, registered, and titled in another state, federal district, or another country, may register the vehicle in New Jersey on a temporary basis for a period of 20 days, compared to 30 days for State residents. This bill amends the law so that every temporary registration certificate issued to a purchaser, regardless of residency in this State or otherwise, is to be valid for a period of 30 days. This temporary registration certificate will then expire and become void on the 31st day following issuance, unless the person is issued a second temporary registration certificate. Additionally, the bill provides that a vehicle imported from a foreign country may be driven in the State for a period of 30 days after importation, consistent with the other provisions of the bill.

The bill also provides that a temporary registration certificate is not to be issued for a vehicle unless the licensed dealer has confirmed that the vehicle is insured pursuant to State law or the corresponding financial responsibility laws of the state in which the vehicle is to be titled and registered.