A5441

An Act concerning temporary license plates for motor vehicles, amending P.L.1969, c.301 and supplementing Title 2C of the New Jersey Statutes.

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 from a licensed dealer in New Jersey which is to be principally garaged, registered, and titled in another state, a federal district, or Canada, may register the automobile in New Jersey on a temporary basis.

A 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 chief administrator or the chief administrator's lawful agent, on forms prepared and supplied by the 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 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 jurisdiction in which the vehicle is to be titled and registered.

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

Thereupon the 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 required fee 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 chief administrator. The 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 shall become void on the 30th day following the date on which the certificate was issued; no temporary registration shall be renewed, except as a permanent registration pursuant to 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). Each licensed dealer shall remit upon issuance of a second temporary registration certificate the amount due to the New Jersey Motor Vehicle Commission.

The chief administrator shall issue temporary registration certificates for the 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] The chief administrator shall impose a fine of $2,500 for a first offense and $5,000 for any subsequent offense for any violation of the provisions of this section, except that for the misstatement of any fact in the application required to be made by the chief administrator, the person making the misstatement shall be subject to the penalties provided in R.S.39:3-37. In addition, the chief administrator shall revoke the dealer license of a dealer convicted of a violation of subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2017, c.352, 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 New Jersey 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 the dealer's privilege or franchise from issuing temporary registration certificates and plates. The chief administrator shall permanently revoke the dealer license of a dealer convicted of a violation of subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

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 any second temporary registration certificate issued and shall pay an enhanced fee to be determined by the chief administrator for each 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 New Jersey Motor Vehicle Commission.

No temporary registration certificate shall be issued by a licensed dealer hereunder unless the licensed dealer has confirmed that the vehicle for which the temporary registration is to be issued is 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 authorized employee in issuing temporary registrations, whether the particular unlawful acts were authorized or unauthorized.

The chief administrator shall impose a fine of $2,500 for a first offense and $5,000 for any subsequent offense upon a licensed dealer for any violation of the provisions of this section.

(cf: P.L.2017, c.352, s.2)

3. (New section) a. In addition to any other crime or offense provided by law, a person who knowingly produces, sells, offers, or exposes for sale a temporary registration certificate or temporary license plate obtained by providing false information to the Chief Administrator of the New Jersey Motor Vehicle Commission is guilty of a crime of the third degree.

b. In addition to any other crime or offense specified by law, a person who exhibits or displays on a motor vehicle a temporary registration certificate or temporary license plate, knowing that the temporary registration certificate or temporary license plate was obtained by providing false information to the Chief Administrator of the New Jersey Motor Vehicle Commission, is guilty of a crime of the fourth degree.

c. In addition to any other crime or offense specified by law, a person who possesses a temporary registration certificate or temporary license plate, knowing that the temporary registration certificate or temporary license plate was obtained by providing false information to the Chief Administrator of the New Jersey Motor Vehicle Commission, is guilty of a disorderly persons offense.

4. This act shall take effect immediately.

STATEMENT

This bill increases the penalties for licensed motor vehicle dealers and licensed motor bicycle dealers who fail to prescribe to rules and regulations regarding the issuance of temporary license plates and temporary registration certificates by the New Jersey Motor Vehicle Commission (MVC). Under the bill, a violator would be liable to a penalty of $2,500 for a first offense and $5,000 for any subsequent offense.

In addition, this bill establishes: 1) a crime of the third degree for any person who knowingly produces, sells, offers, or exposes for sale a temporary license plate or temporary registration certificate obtained by providing false information to the Chief Administrator of the MVC; 2) a crime of the fourth degree for any person who knowingly displays or produces a temporary license plate or temporary registration certificate obtained by providing false information; and 3) a disorderly persons offense for any person possessing a temporary license plate or temporary registration certificate obtained by providing false information.

A third-degree crime is punishable by three to five years imprisonment, a fine of up to $15,000, or both. A fourth-degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. A disorderly persons offense is punishable by up to six months imprisonment, a fine of up to $1,000, or both.

Under the bill, a licensed motor vehicle dealer or licensed motor bicycle dealer who is convicted of obtaining a temporary license plate or temporary registration certificate by knowingly providing false information is to have their dealer license revoked.