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2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.8 - Drunk Driving Enforcement Fund

39:4-50.8. Drunk Driving Enforcement Fund
1. Upon a conviction of a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the court shall collect from the defendant a surcharge of $100.00 in addition to and independently of any fine imposed on that defendant. The court shall forward the surcharge to the Director of the Division of Motor Vehicles who shall deposit $95.00 of the surcharge into a "Drunk Driving Enforcement Fund" (hereinafter referred to as the "fund"). This fund shall be used to establish a Statewide drunk driving enforcement program to be supervised by the director. The remaining $5.00 of each surcharge shall be deposited by the director into a separate fund for administrative expenses.
A municipality shall be entitled to periodic grants from the "Drunk Driving Enforcement Fund" in amounts representing its proportionate contribution to the fund. A municipality shall be deemed to have contributed to the fund the portion of the surcharge allocated to the fund, collected pursuant to this section if the violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) occurred within the municipality and the arrest resulting in conviction was made by the member of a municipal police force. The grants from the fund shall be used by the municipality to increase enforcement of R.S.39:4-50 by subsidizing additional law enforcement patrols and through other measures approved by the director. The Division of State Police, interstate law enforcement agencies and county law enforcement agencies shall be entitled to periodic grants from the fund in amounts representing their proportionate contribution to the fund. The Division of State Police or county or interstate law enforcement agency shall be in deemed to have contributed to the fund the portion of the surcharge allocated to the fund collected pursuant to this section if the arrest resulting in a conviction was made by a member of the Division of State Police or county or interstate law enforcement agency. The grants from the fund shall be used by the Division of State Police or county or interstate law enforcement agency to increase enforcement of R.S.39:4-50 by subsidizing additional law enforcement patrols and through other measures approved by the director.
The surcharge described herein shall not be considered a fine, penalty or forfeiture to be distributed pursuant to R.S.39:5-41.
The director shall promulgate rules and regulations in order to effectuate the purposes of this section.
L.1984,c.4,s.1; amended 1994,c.184,s.3.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.10 - "Victim" defined

39:4-50.10. "Victim" defined
As used in this act, "victim" means, unless otherwise indicated, a person who suffers personal physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a motor vehicle accident involving another person's driving while under the influence of drugs or alcohoL. In the event of a death, "victim" means the surviving spouse, a child or the next of kin.
L. 1985, c. 442, s. 2.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.11 - Victims' rights

39:4-50.11. Victims' rights
Victims shall have the right to:
a. Make statements to law enforcement officers regarding the facts of the motor vehicle accident and to reasonable use of a telephone;
b. Receive medical assistance for injuries resulting from the accident;
c. Contact the investigating officer and see copies of the accident reports and, in the case of a surviving spouse, child or next of kin, the autopsy reports;
d. Be provided by the court adjudicating the offense, upon the request of the victim in writing, with:
(1) Information about their role in the court process;
(2) Timely advance notice of the date, time and place of the defendant's initial appearance before a judicial officer, submission to the court of any plea agreement, the trial and sentencing;
(3) Timely notification of the case disposition, including the trial and sentencing;
(4) Prompt notification of any decision or action in the case which results in the defendant's provisional or final release from custody; and
(5) Information about the status of the case at any time from the commission of the offense to final disposition or release of the defendant;
e. Receive, when requested from any law enforcement agency involved with the offense, assistance in obtaining employer cooperation in minimizing loss of pay and other benefits resulting from their participation in the court process;
f. A secure waiting area, after the motor vehicle accident, during investigations, and prior to a court appearance;
g. Submit to the court adjudicating the offense a written or oral statement to be considered in deciding upon sentencing and probation terms. This statement may include the nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss of earnings or ability to work suffered by the victim and the effect of the offense upon the victim's family.
When a need is demonstrated, the information in this section shall be provided in the Spanish as well as the English language.
L. 1985, c. 442, s. 3.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.12 - Consultation with prosecutor

39:4-50.12. Consultation with prosecutor
A victim shall be provided with an opportunity to consult with the prosecutor prior to dismissal of the case or the filing of a proposed plea negotiation with the court, if the victim sustained bodily injury or serious bodily injury as defined in N.J.S. 2C:11-1.
Nothing contained herein shall be construed to alter or limit the authority or discretion of the prosecutor to enter into any plea agreement which the prosecutor deems appropriate.
L. 1985, c. 442, s. 4.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.13 - Tort Claims Act rights

39:4-50.13. Tort Claims Act rights
Nothing contained in the act shall mitigate any right which the victim may have pursuant to the "New Jersey Tort Claims Act" (N.J.S. 59:1-1 et seq.).
L. 1985, c. 442, s. 5.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.14 - Penalties for underage person operating motor vehicle after consuming alcohol.

39:4-50.14 Penalties for underage person operating motor vehicle after consuming alcohol.
1. Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than 0.08%, by weight of alcohol in his blood, shall forfeit his right to operate a motor vehicle over the highways of this State or shall be prohibited from obtaining a license to operate a motor vehicle in this State for a period of not less than 30 or more than 90 days beginning on the date he becomes eligible to obtain a license or on the day of conviction, whichever is later, and shall perform community service for a period of not less than 15 or more than 30 days.
In addition, the person shall satisfy the program and fee requirements of an Intoxicated Driver Resource Center or participate in a program of alcohol education and highway safety as prescribed by the chief administrator.
The penalties provided under the provisions of this section shall be in addition to the penalties which the court may impose under N.J.S.2C:33-15, R.S.33:1-81, R.S.39:4-50 or any other law.
L.1992,c.189,s.1; amended 2003, c.314, s.3.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.15 - Additional penalty for driving under the influence with a minor as a passenger.

39:4-50.15 Additional penalty for driving under the influence with a minor as a passenger.
1. a. As used in this act:
"Minor" means a person who is 17 years of age or younger.
"Parent or guardian" means any natural parent, adoptive parent, resource family parent, stepparent, or any person temporarily responsible for the care, custody or control of a minor or upon whom there is a legal duty for such care, custody or control.
b. A parent or guardian who is convicted of a violation of R.S.39:4-50 and who, at the time of the violation, has a minor as a passenger in the motor vehicle is guilty of a disorderly persons offense.
c. In addition to the penalties otherwise prescribed by law, a person who is convicted under subsection b. of this section shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not more than six months and shall be ordered to perform community service for a period of not more than five days.
L.1999, c.410; amended 2004, c.130, s.112.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.16 - Findings, declarations relative to ignition interlock devices.

39:4-50.16 Findings, declarations relative to ignition interlock devices.
1. The Legislature finds and declares:
a. This State's penalties for drunk driving, including the mandatory suspension of driver's licenses and counseling for offenders, are among the strongest in the nation. However, despite the severity of existing penalties, far too many persons who have been convicted under the drunk driving law continue to imperil the lives of their fellow citizens by driving while intoxicated.
b. Ignition interlock devices, which permit a motor vehicle to be started only when the driver is sober, offer a technically feasible and effective means of further reducing the incidence of drunk driving. The use of these devices was initiated in California in 1986 and, according to the National Highway Traffic Safety Administration, they are presently being used or tested in at least 37 states.
c. The judicious deployment of ignition interlock devices, as provided under this act, will enhance and strengthen this State's existing efforts to keep drunk drivers off the highways.
L.1999,c.417,s.1.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.16a - Findings, declarations relative to certain drunk drivers.

39:4-50.16a Findings, declarations relative to certain drunk drivers.
1. The Legislature finds and declares that:
a. State law has required repeat drunk drivers and drunk drivers with a high blood alcohol concentration (BAC) to install an ignition interlock device since January 2001, but installation of these devices is not mandatory for other first time offenders.
b. Because a majority of drunk drivers, including first time offenders, often continue to drive with suspended licenses, ignition interlock devices are more effective in deterring drunk driving than license suspension.
c. Ignition interlock devices are paid for by the offender and constitute a low cost solution to a dangerous and often fatal activity that imposes large social and economic costs on society. Studies indicate that the potential for interlock device programs to prevent alcohol-involved driving and alcohol-related crashes is most significant when the program is applied to a broader cross-section of offenders and a higher proportion of offenders are required to install the devices. To protect the public safety, states that currently do not require mandatory participation for all first time offenders should adopt strong interlock device programs to prevent future costly alcohol-related fatal crashes.
d. For example, according to a recent national study by the Insurance Institute for Highway Safety (IIHS), state laws mandating interlock devices for drunk drivers reduced the number of drivers in fatal crashes with a blood alcohol content of 0.08 percent or higher by 16 percent compared to states with no interlock law, three percent when ignition interlock devices were required for repeat offenders, and eight percent when required for first time and repeat offenders.
e. Reportedly, ignition interlock devices have prevented more than 73,740 attempts to drive with a BAC over the legal limit of 0.08 percent in this State over the past 11 years.
f. Numerous organizations support requiring the use of ignition interlock devices by all convicted drunk drivers, including all first-time offenders, including: Mothers Against Drunk Driving, Advocates for Auto and Highway Safety, American Automobile Association, American Trucking Association, Auto Alliance, Centers for Disease Control and Prevention, Foundation for Advancing Alcohol Responsibility, Insurance Institute for Highway
Safety, International Association of Chiefs of Police, National Academy of Sciences, National Football League, National Safety Council, and National Transportation Safety Board.
g. Therefore, it is fitting and proper to require all first time drunk driving offenders in this State, not just high BAC offenders, to install an ignition interlock device.
L.2019, c.248, s.1.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.17a - Monthly leasing fee for installation of ignition interlock device.

39:4-50.17a Monthly leasing fee for installation of ignition interlock device.
6. a. If a person is required to install an ignition interlock device and that person's family income does not exceed 100% of the federal poverty level, the monthly leasing fee shall be 50% of the fee established by regulation for persons who do not qualify for the reduced fee.
b. If a person is required to install an ignition interlock device and that person's family income does not exceed 149% of the federal poverty level, the monthly leasing fee shall be 75% of the fee established by regulation for persons who do not qualify for the reduced fee.
c. Persons who qualify for a reduced fee pursuant to the provisions of this section shall not be required to pay the installation fee, the cost for monitoring of the device, or any fees for calibration or removal of the device.
L.2009, c.201, s.6.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.17b - Semiannual summary report.

39:4-50.17b Semiannual summary report.
6. The chief administrator semiannually shall issue a summary report containing the following information concerning offenders required to install an ignition interlock device pursuant to section 2 of P.L.1999, c.417 (C.39:4-50.17):
a. the total number of offenders ordered to install an ignition interlock categorized by the offender's number of convictions and place of residence;
b. whether the offender qualifies for a reduced fee for monthly rental of an ignition interlock device pursuant to section 6 of P.L.2009, c.201 (C.39:4-50.17a) categorized by family income exceeding 100 percent or 149 percent of the federal poverty level; the percentage these offenders constitute of the total number of offenders; and the number of these offenders that reside in each county;
c. the average length of time an offender maintains installation of the device categorized by the offender's number of convictions; and
d. the percent of offenders who remove the ignition interlock device because they are unable to afford continued installation.
L.2019, c.248, s.6.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.18 - Notification to NJMVC of ignition interlock device installation.

39:4-50.18 Notification to NJMVC of ignition interlock device installation.
3. a. The court shall notify the Chief Administrator of the New Jersey Motor Vehicle Commission when a person has been ordered to install an ignition interlock device in a vehicle pursuant to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.). The commission shall require that the device be installed before restoration of the person's driver's license that has been forfeited pursuant to R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a).
A vendor may, without a court order, install an ignition interlock device in a vehicle that a person owns, leases, or principally operates if requested by a person who has been arrested for a violation of R.S.39:4-50 as set forth in R.S.39:4-50. Upon proof that the ignition interlock device has been installed, the commission, upon request of the licensee, shall imprint a notation on the person's driver's license pursuant to subsection b. of this section. The licensee's request shall include a copy of the interlock installer's certification and documentation of the pending charges as determined by the Chief Administrator of the New Jersey Motor Vehicle Commission to be submitted no later than seven days after receipt of the documentation.
b. The commission shall imprint a notation on the driver's license stating that the person shall not operate a motor vehicle unless it is equipped with an ignition interlock device and shall enter this requirement in the person's driving record. The expiration date of the device requirement shall not be imprinted on the license.
c. Notwithstanding the provisions of section 2 of P.L.1999, c.417 (C.39:4-50.17), an ignition interlock device shall be removed on the date the person completes the installation period only if the person submits to the chief administrator a certification from the vendor that:
(1) during the final 30 days of the installation period there was not more than one failure to take or pass a test with a blood alcohol concentration of 0.08% or higher unless a re-test conducted within five minutes of the initial test indicates a blood alcohol concentration of less than 0.08%; and
(2) the person complied with all required maintenance, repair, calibration, monitoring, and inspection requirements related to the device.
d. If the vendor does not issue a certification to the person because there were two or more violations of paragraph (1) of subsection c. of this section, the vendor shall forward the violation information to the chief administrator and the court. The court shall decide whether to extend the period of ignition interlock device installation for up to 90 days or issue the certification to the chief administrator.
L.1999, c.417, s.3; amended 2019, c.248, s.5; 2023, c.191, s.4.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.19 - Violation of law; penalties.

39:4-50.19 Violation of law; penalties.
4. a. A person who fails to install an interlock device ordered by the court in a motor vehicle owned, leased or regularly operated by him shall have his driver's license suspended for one year, in addition to any other suspension or revocation imposed under R.S.39:4-50, unless the court determines a valid reason exists for the failure to comply. A person in whose vehicle an interlock device is installed pursuant to a court order who drives that vehicle after it has been started by any means other than his own blowing into the device or who drives a vehicle that is not equipped with such a device shall have his driver's license suspended for one year, in addition to any other penalty applicable by law.
b. A person is a disorderly person who:
(1) blows into an interlock device or otherwise starts a motor vehicle equipped with such a device for the purpose of providing an operable motor vehicle to a person who has been ordered by the court to install the device in the vehicle;
(2) tampers or in any way circumvents the operation of an interlock device; or
(3) knowingly rents, leases or lends a motor vehicle not equipped with an interlock device to a person who has been ordered by the court to install an interlock device in a vehicle he owns, leases or regularly operates.
c. The provisions of subsection b. of this section shall not apply if a motor vehicle required to be equipped with an ignition interlock device is started by a person for the purpose of safety or mechanical repair of the device or the vehicle, provided the person subject to the court order does not operate the vehicle.
L.1999, c.417, s.4; amended 2009, c.201, s.3.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.20 - Certification of devices.

39:4-50.20 Certification of devices.
5. The director shall certify or cause to be certified ignition interlock devices required by this act and shall publish a list of approved devices. A device shall not be certified unless the manufacturer enters into an agreement with the division for the provision of devices to indigent offenders, as determined by the director, at a reduced cost. The director shall provide a copy of this list along with information on the purpose and proper use of interlock devices to persons who have been ordered by the court to install such a device in their vehicles.
L.1999,c.417,s.5.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.21 - Rules, regulations.

39:4-50.21 Rules, regulations.
6. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the division shall promulgate rules and regulations for the installation and use of ignition interlock devices. These regulations shall be consistent with the federal model specifications for ignition interlock devices issued by the National Highway Traffic Safety Administration. They shall include, but not be limited to, the following:
a. requiring that the ignition interlock system selected shall:
(1) not impede the safe operation of the vehicle;
(2) incorporate features that make circumvention difficult and that do not interfere with the normal use of the vehicle;
(3) correlate closely with established measures of alcohol impairment;
(4) operate accurately and reliably in an unsupervised environment;
(5) resist tampering and give evidence when tampering is attempted;
(6) be difficult to circumvent and require premeditation to do so;
(7) require a deep lung breath sample as a measure of blood alcohol concentration equivalence;
(8) operate reliably over the range of automobile environments; and
(9) be manufactured by a party who will provide liability insurance.
b. designating the facilities where ignition interlock devices may be installed;
c. establishing guidelines for the proper use of ignition interlock devices; and
d. establishing guidelines for the provision of ignition interlock devices at reduced rates to persons who, according to standards specified by the division, qualify as indigent.
The director may adopt at his discretion, in whole or in part, the guidelines, rules, regulations, studies, or independent laboratory tests performed on and relied upon in the certification of ignition interlock devices by other states, their agencies or commissions.
L.1999,c.417,s.6.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.21a - Ignition interlock device installation, appropriate factual basis.

39:4-50.21a Ignition interlock device installation, appropriate factual basis.
7. Nothing in P.L.2023, c.191 (C.39:4-50.21a et al.) shall be construed to preclude the installation of an ignition interlock device for a violation of Title 39 of the Revised Statutes under the appropriate factual basis.
L.2023, c.191, s.7.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.22 - Written statement of potential civil, criminal liability for permitting an intoxicated arrestee's operation of motor vehicle

39:4-50.22. Written statement of potential civil, criminal liability for permitting an intoxicated arrestee's operation of motor vehicle
1. Whenever a person is summoned by or on behalf of a person who has been arrested for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) in order to transport or accompany the arrestee from the premises of a law enforcement agency, the law enforcement agency shall provide that person with a written statement advising him of his potential criminal and civil liability for permitting or facilitating the arrestee's operation of a motor vehicle while the arrestee remains intoxicated. The person to whom the statement is issued shall acknowledge, in writing, receipt of the statement, or the law enforcement agency shall record the fact that the written statement was provided, but the person refused to sign an acknowledgment.
Nothing in this section shall impose any obligation on a physician or other health care provider involved in the treatment or evaluation of the arrestee.
The Attorney General shall establish the content and form of the written statement and acknowledgment to be used by law enforcement agencies throughout the State and may issue directives to ensure the uniform implementation of this act.
L.2001,c.69,s.1.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-50.23 - Impoundment of vehicle operated by arrestee; conditions of release; fee for towing, storage

39:4-50.23. Impoundment of vehicle operated by arrestee; conditions of release; fee for towing, storage
2. a. Whenever a person has been arrested for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the arresting law enforcement agency shall impound the vehicle that the person was operating at the time of arrest.
b. A vehicle impounded pursuant to this section shall be impounded for a period of 12 hours after the time of arrest or until such later time as the arrestee claiming the vehicle meets the conditions for release in subsection d. of this section.
c. A vehicle impounded pursuant to this section may be released to a person other than the arrestee prior to the end of the impoundment period only if:
(1) The vehicle is not owned or leased by the person under arrest and the person who owns or leases the vehicle claims the vehicle and meets the conditions for release in subsection d. of this section; or
(2) The vehicle is owned or leased by the arrestee, the arrestee gives permission to another person, who has acknowledged in writing receipt of the statement required in section 1 of P.L. 2001, c.69 (C.39:4-50.22) to operate the vehicle and the conditions for release in subsection d. of this section are met.
d. A vehicle impounded pursuant to this section shall not be released unless the person claiming the vehicle:
(1) presents a valid operator's license, proof of ownership or lawful authority to operate the motor vehicle, and proof of valid motor vehicle insurance for that vehicle;
(2) is able to operate the vehicle in a safe manner and would not be in violation of Title 39 of the Revised Statutes; and
(3) meets any other conditions for release established by the law enforcement agency.
e. A law enforcement agency impounding a vehicle pursuant to this section is authorized to charge a reasonable fee for towing and storage of the vehicle. The law enforcement agency is further authorized to retain custody of the vehicle until that fee is paid.
L.2001,c.69,s.2.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-51 - Sentence for violation of 39:4-50; service, work release; rules, regulations.

39:4-51 Sentence for violation of 39:4-50; service, work release; rules, regulations.
A person who has been convicted of a first or second violation of section 39:4-50 of this Title, and in pursuance thereof has been imprisoned in a county jail or workhouse in the county in which the offense was committed, shall not, after commitment, be released therefrom until the term of imprisonment imposed has been served. A person imprisoned in the county jail or workhouse may in the discretion of the court, be released on a work release program.
No warden or other officer having custody of the county jail or workhouse shall release therefrom a person so committed, unless the person has been released by the court on a work release program, until the sentence has been served. A person sentenced to an inpatient rehabilitation program may upon petition by the treating agency be released, by the court, to an outpatient rehabilitation program for the duration of the original sentence.
Nothing in this section shall be construed to interfere in any way with the operation of a writ of habeas corpus, a proceeding in lieu of the prerogative writs, or an appeal.
The chief administrator shall adopt such rules and regulations to effectuate the provisions of this section as he shall deem necessary.
Amended 1951, c.23, s.31; 1977, c.29, s.5; 2003, c.315, s.3.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-51a - No consumption of alcoholic beverages, cannabis items in motor vehicles; presumption; penalties.

39:4-51a No consumption of alcoholic beverages, cannabis items in motor vehicles; presumption; penalties.
1. a. A person shall not consume an alcoholic beverage or cannabis item as defined in section 3 of P.L.2021, c.16 (C.24:6I-33) while operating a motor vehicle. A passenger in a motor vehicle shall not consume an alcoholic beverage, and shall not consume by means of smoking, vaping, or aerosolizing a cannabis item, while the motor vehicle is being operated. This subsection shall not apply, with respect to the consumption of an alcoholic beverage, to a passenger of a charter or special bus operated as defined under R.S.48:4-1 or a limousine service.
b. A person shall be presumed to have consumed an alcoholic beverage in violation of this section if an unsealed container of an alcoholic beverage is located in the passenger compartment of the motor vehicle, the contents of the alcoholic beverage have been partially consumed and the physical appearance or conduct of the operator of the motor vehicle or a passenger may be associated with the consumption of an alcoholic beverage. For the purposes of this section, the term "unsealed" shall mean a container with its original seal broken, or a container such as a glass or cup.
c. For the first offense, a person convicted of violating this section shall be fined $200 and shall be informed by the court of the penalties for a second or subsequent violation of this section. For a second or subsequent offense, a person convicted of violating this section shall be fined $250 or shall be ordered by the court to perform community service for a period of 10 days in such form and on such terms as the court shall deem appropriate under the circumstances.
L.1983, c.307, s.1; amended 1999, c.356, s.20; 2021, c.16, s.83.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-51b - Prohibition of open, unsealed alcoholic beverage container or cannabis item in motor vehicle; fine.

39:4-51b Prohibition of open, unsealed alcoholic beverage container or cannabis item in motor vehicle; fine.
6. a. All occupants of a motor vehicle located on a public highway, or the right-of-way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container or unsealed cannabis item as defined in section 3 of P.L.2021, c.16 (C.24:6I-33) that is intended to be consumed by means of smoking, vaping, or aerosolizing. This subsection shall not apply, with respect to the possession of an alcoholic beverage, to a passenger of a charter or special bus operated as defined under R.S.48:4-1 or a limousine service.
b. A person shall not be deemed to be in possession of an opened or unsealed alcoholic beverage container or unsealed cannabis item pursuant to this section if such container or unsealed cannabis item is located in the trunk of a motor vehicle, behind the last upright seat in a trunkless vehicle, or in the living quarters of a motor home or house trailer. For the purposes of this section, the term "open or unsealed" shall mean an alcoholic beverage container with its original seal broken, or a container or package that is not the original container or package such as a glass, cup, box, bag, or wrapping.
c. For a first offense, a person convicted of violating this section shall be fined $200 and shall be informed by the court of the penalties for a second or subsequent violation of this section. For a second or subsequent offense, a person convicted of violating this section shall be fined $250 or shall be ordered by the court to perform community service for a period of 10 days in such form and on such terms as the court shall deem appropriate under the circumstances.
L.2000, c.83, s.6; amended 2021, c.16, s.84.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-52 - Racing on highway prohibited; fine

39:4-52. Racing on highway prohibited; fine
No person shall operate a motor vehicle upon a public highway for a wager or in a race or for the purpose of making a speed record.
A person who violates this section shall be fined not less than twenty-five nor more than one hundred dollars for the first offense, and, for a subsequent offense, not less than one hundred nor more than two hundred dollars.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-53 - Leaving vehicle with engine running prohibited; fine

39:4-53. Leaving vehicle with engine running prohibited; fine
A person who leaves a motor vehicle, with its engine running, stationary on the highway and unoccupied by a person able to control it, and without setting the hand brake in such manner as to prevent the vehicle from moving, shall be fined not less than ten nor more than twenty-five dollars for each offense.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-55 - Action on steep grades and curves

39:4-55. Action on steep grades and curves
The driver of a motor vehicle traversing a steep grade or mountain highway shall hold the vehicle under control and as near the right-hand side of the highway as reasonably possible, and when traveling upon a down grade upon a highway, shall not coast with the gears of the vehicle in neutral. When approaching a curve where the view is obstructed within a distance of two hundred feet along the highway, he shall give audible warning with a horn or other warning device.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-56.1 - Willfully causing vehicle to become disabled; abandonment of vehicle upon public highway

39:4-56.1. Willfully causing vehicle to become disabled; abandonment of vehicle upon public highway
(a) No person shall operate a vehicle upon the public highways, bridges or tunnels of this State or upon any highways, bridges or tunnels in this State operated by any authority of this State or by any authority created jointly by this State and any other State in such a manner as to willfully cause such vehicle to become disabled, by reason of lack of fuel or otherwise, for the purpose of interfering with or obstructing the passage of other vehicles.
(b) No person shall willfully abandon a vehicle upon the public highways, bridges or tunnels of this State, or upon any highways, bridges or tunnels in this State operated by any authority of this State or by any authority created jointly by this State and any other State for the purpose of interfering with or obstructing the passage of other vehicles.
L.1964, c. 18, s. 1.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-56.2 - Violations; penalties

39:4-56.2. Violations; penalties
Any person who has been convicted of a violation of this act shall be subject, for a first offense, to a fine of not less than $200.00 nor more than $500.00 and shall have his license to operate a motor vehicle suspended for a period of not less than 1 year nor more than 5 years. For a subsequent violation, he shall be fined not less than $500.00 nor more than $1,000.00 and shall have his license to operate a motor vehicle suspended for 5 years from the date of his conviction. In fixing the penalty to be imposed, the magistrate shall give consideration to the hazard to the public safety and the public inconvenience created by the conduct of such person.
L.1964, c. 18, s. 2.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-56.3 - Suspension of registration

39:4-56.3. Suspension of registration
The registration of any motor vehicle which is used by any person in violation of section 1 of this act shall be suspended for not less than 90 days nor more than 1 year unless the owner thereof can demonstrate to the satisfaction of the Director of Motor Vehicles that said vehicle was used in such a manner without his knowledge and consent. In fixing the period of suspension, the director shall give consideration to the threat to public safety and the public inconvenience caused by the use of said vehicle.
L.1964, c. 18, s. 3.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-56.4 - Legislative findings and declarations

39:4-56.4. Legislative findings and declarations
The Legislature finds and declares that a serious threat to the health, safety and welfare of the people of this State may be presented by any concerted effort, plan or demonstration involving the use and operation of vehicles in such a way as to impede, hamper, stall and interfere with the ordinary progress of vehicular traffic on, in and through the roads, highways and bridges of the State. Because of the special road hazards, with consequent danger to the lives and property of the people of this State, and economic loss which would inevitably flow from any such course of conduct, the Legislature determines that the penalties and sanctions provided by this act shall be applicable under such circumstances.
L.1964, c. 18, s. 4.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-56.5 - Abandonment of motor vehicle.

39:4-56.5 Abandonment of motor vehicle.
1. a. It shall be unlawful for any person to abandon a motor vehicle on or along any highway, other than a limited access highway, or other public property or on any private property without the consent of the owner or other person in charge of the private property. A vehicle which has remained on or along any highway or other public property or on private property without such consent for a period of more than 48 hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle. Vehicles used or to be used in the construction, operation or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this section.
b. It shall be unlawful for any person to abandon a motor vehicle on or along any limited access highway without the consent of the State Department of Transportation or other entity having jurisdiction over the limited access highway, as the case may be. A vehicle which remains on or along the highway for a period of more than four hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle. Legally parked vehicles, such as vehicles parked in a designated rest area for not more than 12 hours, or vehicles used or to be used in the construction, operation, or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this section.
c. Any person who violates this section shall be subject for the first offense to a fine of not less than $100 nor more than $500. For any subsequent violation the person shall be subject to a fine of not less than $500 or more than $1,000.
L.1967, c.305, s.1; amended 1971, c.330; 1999, c.411; 2019, c.276, s.13.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-56.6 - Abandonment of vehicle on private property; removal by owner of property; costs; sale of vehicle.

39:4-56.6 Abandonment of vehicle on private property; removal by owner of property; costs; sale of vehicle.
1. No person shall park or leave unattended a vehicle on private property without the consent of the owner or other person in control or possession of the property or for a period in excess of that for which consent was given, except in the case of emergency or disablement of the vehicle in which case the owner or operator thereof shall arrange for the expeditious removal of the vehicle. This section shall not apply to manufactured or mobile homes left unattended and for which there exists or existed a rental agreement to occupy a space on the property.
Subject to the requirements of section 7 of P.L.2007, c.193 (C.56:13-13), the owner or other person in control or possession of the property on which a vehicle is parked or left unattended in violation of this section may remove or hire another person to remove and store the vehicle. It shall be the obligation of the owner of the vehicle to pay the reasonable costs for the removal and for any storage which may result from such removal before he shall be entitled to recover the possession of the vehicle. If the owner of the vehicle refuses to pay such costs or fails to make any claim for the return of the vehicle within 90 days after such removal, the vehicle may be sold at public auction in accordance with the provisions of N.J.S.2A:44-20 through N.J.S.2A:44-31.
L.1973, c.137, s.1; amended 1999, c.340, s.10; 2007, c.1993, s.22.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-56.7 - Issuance of summons for violation by law enforcement officer

39:4-56.7. Issuance of summons for violation by law enforcement officer
Any law enforcement officer may in the performance of his duty enter upon the property upon request of the property owner wherein a vehicle is parked in violation of section 1 of this act for the purpose of issuing a summons for such violation.
L.1973, c. 137, s. 2, eff. May 17, 1973.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-56.8 - Definitions; removal of disabled motor vehicles by towing service under contract; failure to remove debris surrounding vehicle; penalty

39:4-56.8. Definitions; removal of disabled motor vehicles by towing service under contract; failure to remove debris surrounding vehicle; penalty
a. As used in this act:
(1) "Public entity" means the State, and any county, municipality, district, or political subdivision and any authority, agency, board or body thereof.
(2) "Public road or highway" means every street, road or highway open to the use of the public for the purpose of vehicular travel.
(3) "Private entity" means any entity other than a public entity with jurisdiction over a road or highway in the State open to the use of the public.
b. Any towing service under contract to a public or private entity to tow disabled motor vehicles which, after being called upon to remove a disabled motor vehicle, fails to remove from public roads or highways any motor vehicle debris or material in the area surrounding that vehicle shall be subject to a fine of not less than $25.00 nor more than $50.00 if the debris or material is likely to cause injury to a person operating a motor vehicle or substantial damage to another motor vehicle. A towing service shall not be required to remove any debris or material which may be hazardous such as oil, gasoline, kerosene or other petroleum or chemical products, or debris or material which the service is not equipped to remove.
L.1983, c. 271, s. 1, eff. July 18, 1983.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-57 - Observance of directions of officers

39:4-57. Observance of directions of officers
Drivers of vehicles, street cars or horses shall at all times comply with any direction, by voice or hand, of a member of a police department, a peace officer, or the director, when enforcing a provision of this chapter.
Amended by L.1951, c. 23, p. 78, s. 33; L.1983, c. 403, s. 15, eff. Dec. 23, 1983.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-57.1 - Activation of interior light in vehicle upon request of police officer; fine

39:4-57.1. Activation of interior light in vehicle upon request of police officer; fine
1. The driver of a motor vehicle equipped with an interior light, when stopped by a law enforcement officer during the period when lighted lamps are required, shall, upon request of the officer, activate an interior light of the vehicle in order to illuminate the driver's compartment of the vehicle. A fine of $50 shall be imposed upon any person who purposely refuses to comply with this section.
L.1997,c.374.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-58 - Driving vehicle with view to rear and sides obstructed

39:4-58. Driving vehicle with view to rear and sides obstructed
No person shall drive a vehicle that is so constructed, loaded or covered in as to prevent its driver from having a clear view of the traffic following and at its sides, unless it is equipped with a device that will show the driver the road to the rear and side.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-59 - Begging rides prohibited

39:4-59. Begging rides prohibited
No person shall stand in a highway for the purpose of or while soliciting a ride from the operator of any vehicle other than an omnibus or a street car.
Amended by L.1951, c. 23, p. 78, s. 34.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-60.1 - Certain rotating or flashing lights prohibited

39:4-60.1. Certain rotating or flashing lights prohibited
On and after the effective date of this act no rotating or flashing light which imitates or resembles rotating or flashing lights such as are used by public and governmental agencies or any public utility to indicate emergency or hazardous conditions shall be erected or used within 100 feet of the roadway of a highway within the State.
L.1970, c. 134, s. 1, eff. July 9, 1970.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-60.2 - Removal without notice

39:4-60.2. Removal without notice
Every such prohibited light or signal is hereby declared to be a public nuisance and the authority having jurisdiction over the highway or the municipality in which the prohibited act takes place is empowered to remove the same or cause it to be removed without notice.
L.1970, c. 134, s. 2, eff. July 9, 1970.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:4-63 - Placing, throwing or depositing from motor vehicle, injurious substance on highway; fine; forfeiture of right to operate motor vehicle

39:4-63. Placing, throwing or depositing from motor vehicle, injurious substance on highway; fine; forfeiture of right to operate motor vehicle
A person who throws, places or deposits, or who permits to be thrown, placed, or deposited from a motor vehicle, any glass or other sharp, injurious or cutting substance in or upon a public highway of this State shall, except when acting under the authority of the governing body of a municipality, be punished by a fine of not less than $100.00 nor more than $500.00 and may forfeit his right to operate a motor vehicle over the highways of this State for a period of 30 days.
Amended by L.1980, c. 100, s. 1, eff. Sept. 11, 1980.