A4627

An Act concerning off-road 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. The owner of an all-terrain vehicle, dirt bike, or snowmobile who applies for a registration certificate pursuant to section 3 of P.L.1973, c.307 (C.39:3C-3) shall present proof of ownership as follows:

a. if purchased from a dealer, the applicant shall provide the dealer’s invoice specifying the date of purchase, make, model year, and serial number, and a manufacturer’s statement of origin or a manufacturer’s certificate of origin; or

b. if purchased from an individual, or the owner is unable to provide a dealer invoice, the applicant shall provide the seller’s registration certificate, if applicable, and the manufacturer’s statement of origin or the manufacturer’s certificate of origin. If the manufacturer’s statement or certificate of origin is unavailable, the applicant shall provide a notarized statement by the applicant specifying from whom the all-terrain vehicle, dirt bike, or snowmobile was purchased, the date of purchase, and the make, model year, and serial number. If the all-terrain vehicle, dirt bike, or snowmobile was never registered, the seller shall provide a notarized statement of ownership that details the length of time that the seller owned it and the reason it was never registered.

2. This act shall take effect on the first day of the third month next following the date of enactment.

STATEMENT

This bill requires an owner of an all-terrain vehicle (ATV), dirt bike, or snowmobile to have proof of ownership in order to register that off-road vehicle in New Jersey.

Under current law, ATVs, snowmobiles, and dirt bikes must be registered in order to be operated on public highways, lands, or waters, and the owners of these off-road vehicles are also required to obtain insurance prior to operating these vehicles. Unlike motor vehicles, ATV owners are not currently required to exhibit title. Title papers refer to documents evidencing ownership of a vehicle.

Regulations adopted by the New Jersey Motor Vehicle Commission (MVC) set forth requirements imposed on snowmobile owners, including demonstrating proof of ownership prior to registration. However, this same requirement is not currently imposed by regulation on ATV or dirt bike owners.

Under the bill, the owner of an ATV, dirt bike, or snowmobile who applies to the MVC for a registration certificate would be required to present proof of ownership, in the following form:

· if purchased from a dealer, an invoice specifying the date of purchase, make, model year, and serial number, and a manufacturer’s statement of origin or a manufacturer’s certificate of origin; or

· if purchased from an individual or the applicant is unable to provide a dealer invoice, the seller’s registration certificate, if applicable, and the manufacturer’s statement or certificate of origin. If the statement or certificate of origin is unavailable, a notarized statement by the applicant specifying from whom the off-road vehicle was purchased, the date of purchase, and the make, model year, and serial number. If the off-road vehicle was never registered, the seller would be required to provide a notarized statement of ownership that details the length of time that the seller has owned it and why it was never registered.

This bill codifies the existing snowmobile regulation concerning proof of ownership, at N.J.A.C. 13:21-18.1, and imposes the same requirement for ATVs and dirt bikes. This bill is substantively identical to the existing regulation concerning snowmobiles.