reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 6 - INSTALLATION AND USE OF IGNITION INTERLOCK DEVICES › Section 13:19-6.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Alcohol" means ethanol, also known as ethyl alcohol.
"Alcohol setpoint" means the breath alcohol concentration at which the BAIID is set to lock the ignition.
"BrAC" means breath alcohol concentration expressed as the percentage of weight over volume (% w/v) based upon grams of alcohol per 210 liters of breath.
"Breath alcohol ignition interlock device" or "BAIID" means a device designed to allow a vehicle ignition switch to start the engine when the BrAC test result is below the alcohol setpoint, while locking the ignition when the breath test result is at or above the alcohol setpoint, and which at minimum meet the specifications for performance and testing of the NHTSA Model Specifications.
"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.
"Indigent" means participation in any of the following governmental assistance programs: Aid to Families with Dependent Children; Supplemental Security Income; General Assistance; Women, Infants and Children; Pharmaceutical Assistance to the Aged; Medicaid; Food Stamps; Temporary Disability Insurance; or Unemployment Insurance.
"Manufacturer" means a business engaged in the manufacturing or assembling of BAIIDs.
"Motor Vehicle Commission" or "Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P.L. 2003, c. 13 (39:2A-4 ).
"NHTSA Model Specifications" means National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation, Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs), 57 Fed. Reg. 11772-11787, as amended and supplemented.
"Optional feature" means any specification that the NHTSA Model Specifications do not specifically require or recommend.
"Safety feature" means any specification related to insuring that the BAIID will prevent a driver with a BrAC above the alcohol setpoint from driving.
"Service" means to install, calibrate, maintain, repair, remove, and otherwise perform work on a BAIID to ensure its proper performance.
"Service center" means a facility where BAIIDS certified under 13:19-6.7 are serviced.
"Tampering" means an overt, conscious attempt to physically disable or otherwise disconnect a BAIID from its power source and thereby allow a person with a BrAC above the setpoint to start the engine.
"Utility feature" means any specification related to insuring that the BAIID will function reliably and not interfere with driving by operators whose BrAC is below the alcohol setpoint.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 6 - INSTALLATION AND USE OF IGNITION INTERLOCK DEVICES › Section 13:19-6.3 - Adoption and incorporation by reference NHTSA Model Specification for BAIIDS

Current through Register Vol. 56, No. 14, July 15, 2024
The Chief Administrator hereby adopts and incorporates by reference the NHTSA Model Specifications.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 6 - INSTALLATION AND USE OF IGNITION INTERLOCK DEVICES › Section 13:19-6.4 - Requirements for use of BAIIDS installed to meet sentencing requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to have a driver license restored, an offender required by the court to have a BAIID installed as part of a sentence imposed under N.J.S.A. 39:4-50 and 39:4-50.17:
1. For an offense committed prior to December 1, 2019 or after January 1, 2024, shall have installed, in the motor vehicle principally operated by the offender during and following the expiration of the period of license suspension imposed, a BAIID that has been certified by the Chief Administrator under N.J.A.C. 13:19-6.7, and for the duration of the court's order, an offender shall drive no vehicle other than one in which an interlock device has been installed pursuant to the order.
2. For an offense committed on or after December 1, 2019 through January 1, 2024, shall have installed, in one motor vehicle the person owns, leases, or principally operates, whichever the person most operates, pursuant to the sentence imposed by the court under N.J.S.A. 39:4-50 and pursuant to N.J.S.A. 39:4-50.17, a BAIID that has been certified by the Chief Administrator under N.J.A.C. 13:19-6.7. For the duration of the court's order, an offender shall not drive any vehicle other than the one in which an ignition interlock device has been installed pursuant to the order.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 6 - INSTALLATION AND USE OF IGNITION INTERLOCK DEVICES › Section 13:19-6.5 - Specifications for BAIIDs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A BAIID installed to meet court-ordered sentencing requirements pursuant to 39:4-50 and 39:4-50.1 7 shall meet or exceed the specifications for performance and testing of the NHTSA Model Specifications.
(b) The alcohol setpoint of the BAIID shall be at 0.05 percent BrAC.
(c) The BAIID shall have a warning label affixed to it containing the following language: "Any person tampering with, circumventing, or misusing this Ignition Interlock System shall be subject to prosecution and/or civil liability."
(d) The manufacturer's required service interval shall not exceed 67 days.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 6 - INSTALLATION AND USE OF IGNITION INTERLOCK DEVICES › Section 13:19-6.6 - Application for certification of BAIID

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A manufacturer seeking certification of a BAIID shall submit to the Chief Administrator a completed application on a form prescribed by the Chief Administrator.
(b) The manufacturer shall certify the following as to the BAIID for which the manufacturer seeks certification:
1. The installation and use of the BAIID shall not impede the safe operation of a vehicle in which it is installed;
2. The BAIID complies with the requirements of 13:19-6.5;
3. The manufacturer carries liability insurance meeting the requirements set forth in 13:19-6.8;
4. The manufacturer has a network of service centers in New Jersey that comply with 13:19-6.11;
5. The manufacturer provides training to its service center employees in the proper servicing of the BAIID and training to users of the BAIID in the proper operation and use of the BAIID; and
6. The manufacturer shall provide BAIIDs to indigents in accordance with 13:19-6.14.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 6 - INSTALLATION AND USE OF IGNITION INTERLOCK DEVICES › Section 13:19-6.7 - Certification of BAIID by the Chief Administrator; bonding requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, the Chief Administrator shall certify a BAIID pursuant to 39:4-50.2 0 provided the BAIID meets the requirements of 13:19-6.5, the manufacturer has filed a completed application containing the certifications and information required in 13:19-6.6, and the manufacturer's service center complies with the requirements of 13:19-6.11.
(b) In determining to grant certification, the Chief Administrator shall take into consideration the denial, suspension, or revocation of certification or approval of a BAIID by another state for the same model BAIID in New Jersey. The Chief Administrator shall deny certification if the Chief Administrator determines that the circumstances or conditions another state found to exist as warranting denial, suspension, or revocation of certification or approval of the BAIID are relevant to New Jersey's program goals and have not been corrected or remedied to a degree that ensures that the goals of this subchapter and its authorizing legislation, as amended and supplemented from time to time, would be met.
(c) The Chief Administrator shall notify the manufacturer in writing that the Chief Administrator has certified, or that the Chief Administrator has denied certification of, the BAIID. If the Chief Administrator has denied certification, the notification shall state the reason for the denial.
(d) After certification of a BAIID, and before permitting the installation of the certified BAIID by its service centers, the manufacturer shall file with the Commission a surety bond for $ 10,000 that insures the Commission against any monetary loss suffered because of a violation of these rules by the manufacturer and/or its service centers.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 6 - INSTALLATION AND USE OF IGNITION INTERLOCK DEVICES › Section 13:19-6.8 - Liability insurance

Current through Register Vol. 56, No. 14, July 15, 2024
The manufacturer of a BAIID that is the subject of an application for certification under 13:19-6.7 shall carry product liability insurance with minimum liability limits of one million dollars per occurrence, with three million dollars aggregate total. The liability covered shall include defects in product design and materials as well as in the work of manufacturing. The proof of insurance shall include a statement from the insurance company that the insurance company shall provide the Commission with written notice of cancellation of the insurance 30 days before cancellation of the insurance.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 6 - INSTALLATION AND USE OF IGNITION INTERLOCK DEVICES › Section 13:19-6.9 - Reports required from manufacturer after BAIID certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The manufacturer of a BAIID certified under 13:19-6.7 shall provide annually to the Commission the following:
1. A certified statement that its manufacture of the certified BAIID has not been modified or altered in any way; and
2. A summary of all complaints received and corrective action taken by the manufacturer concerning the servicing or use of the certified BAIID, that shall be categorized by:
i. Customer error of operation;
ii. Faulty automotive equipment other than the BAIID;
iii. Apparent misuse or attempts to circumvent the BAIID causing damage;
iv. BAIID failure due to material defect, design defect, or workmanship errors in construction; and
v. Vehicle or BAIID failure due to service provided by the manufacturer's service center.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 6 - INSTALLATION AND USE OF IGNITION INTERLOCK DEVICES › Section 13:19-6.10 - Revocation of certification of BAIID

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chief Administrator shall revoke certification of a BAIID, and remove it from the list of approved BAIIDs, upon one or more of the following grounds:
1. Evidence of repeated device failures due to gross defects in design, materials, or workmanship during manufacture;
2. Termination of manufacturer's liability insurance;
3. Notification that the manufacturer is no longer in business;
4. Request of the manufacturer to remove its BAIID from the list of approved BAIIDs;
5. Evidence that the manufacturer is not in compliance with the provisions of this subchapter;
6. Evidence that the manufacturer repeatedly is not in compliance with the provisions of this subchapter;
7. Evidence that the BAIID was inaccurately represented to meet certification standards; or
8. Suspension, revocation or denial of certification or approval of a BAIID in another state.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 6 - INSTALLATION AND USE OF IGNITION INTERLOCK DEVICES › Section 13:19-6.12 - Annual registration and review of certification of BAIID

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A manufacturer of a BAIID certified under 13:19-6.7 shall register the BAIID with the Chief Administrator by January 30 of each year subsequent to the year in which the Chief Administrator certified the BAIID on a form supplied by the Commission.
(b) The registration form shall require the manufacturer to state that its certified BAIID and each service center in its network meets the requirements of this subchapter, as amended and supplemented.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 6 - INSTALLATION AND USE OF IGNITION INTERLOCK DEVICES › Section 13:19-6.14 - Indigent persons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An indigent person is eligible for a reduced installation charge and monthly leasing fees during the period the person is indigent.
(b) A person applying for reduced rates established at (c) below must present to the manufacturer or service provider proof that the person is indigent at the time of application. A valid participation card or a letter in original form from the governmental assistance program's sponsoring agency written on the agency's letterhead confirming participation in the governmental assistance program shall be acceptable forms of proof.
(c) The reduced rate for indigent persons is 50 percent of the installation charge and 50 percent of the monthly leasing fee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 6 - INSTALLATION AND USE OF IGNITION INTERLOCK DEVICES › Section 13:19-6.15 - List of approved BAIIDS and service centers

Current through Register Vol. 56, No. 14, July 15, 2024
A list of the BAIIDs certified by the Chief Administrator under 13:19-6.7, and of the service centers where the BAIIDs may be obtained and serviced, may be obtained by contacting the Commission at the following address:
New Jersey Motor Vehicle Commission
PO Box 134
Trenton, NJ 08666-0134
(609) 292-7500
or by accessing the Commission's website at
www.state.nj.us/mvc
.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 7 - RECIPROCITY AGREEMENT BETWEEN CONNECTICUT AND NEW JERSEY › Section 13:19-7.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Motor Vehicle Department, State of Connecticut, and the Motor Vehicle Commission of the State of New Jersey, cognizant of the need for uniformity and reciprocity in the administration and enforcement of their respective motor vehicle laws and regulations as related to the out-of-State violations of their respective operators, have determined that an effective agreement, followed by prompt administrative action on the part of both Connecticut and New Jersey, will establish a more uniform and positive method of driver control.
(b) It is recognized that effective driver control can be accomplished only if there is agreement to maintain uniform procedures of reporting with similar and concurrent actions of suspensions by either jurisdiction.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 7 - RECIPROCITY AGREEMENT BETWEEN CONNECTICUT AND NEW JERSEY › Section 13:19-7.2 - Reports of single conviction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a report of conviction or forfeiture of any bail from a court for a moving violation of a motor vehicle law by a driver from the alternate state and revocation or suspension action is not taken by the motor vehicle authority of the state in which the violation occurred, a copy of the report will be forwarded to the motor vehicle authority of the home state of the driver.
(b) The motor vehicle authority of the home state of the driver will, upon receipt of a copy of the report, treat the report in the same manner as if the violation had occurred in the home state.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 7 - RECIPROCITY AGREEMENT BETWEEN CONNECTICUT AND NEW JERSEY › Section 13:19-7.3 - Revocation or suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When revocation or suspension action is taken by the state where the violation occurred, a copy of the notice of revocation or suspension will be forwarded to the home state of the driver.
(b) Such notice will contain the reason for the action taken, the effective date, and the period of revocation or suspension. If revocation or suspension is based on court action, a copy of the court report will accompany the notice.
(c) The home state will upon receipt of a copy of notice of revocation or suspension, process and take action in the same manner as if the violation or reason for action had occurred in the home state and in accordance with its law, regulation or policy.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 7 - RECIPROCITY AGREEMENT BETWEEN CONNECTICUT AND NEW JERSEY › Section 13:19-7.4 - Speeding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a report of conviction or a forfeiture of any bail from a court for violation of the speeding laws by a driver from the alternate state, the state where the violation occurred will impose revocation or suspension of reciprocity driving privilege in accordance with its law, regulation or policy, and forward copy of notice to the driver's home state.
(b) The suspension order will be accompanied by a copy of the court report and will include the miles per hour the driver was traveling and the legal speed limit in the location where the violation was committed.
(c) The driver's home state will impose revocation or suspension in accordance with its law, regulation or policy.
(d) When suspension is imposed by the motor vehicle authority of the state in which the violation occurred, such suspension will be effective 30 days after the date of determination. A copy of the order will be transmitted to the motor vehicle authority of the home state of the driver 30 days prior to the effective date of the suspension.
(e) In order that the period of suspension will coincide as to timing and be concurrent, the motor vehicle authority of the home state will suspend making the effective date of the suspension the same as the suspension in the alternate state.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 7 - RECIPROCITY AGREEMENT BETWEEN CONNECTICUT AND NEW JERSEY › Section 13:19-7.5 - Failure to satisfy local court summons for moving violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When suspension is imposed by the motor vehicle authority of the state in which the violation occurred for failure to satisfy a local court summons, a copy of notice of suspension will be forwarded to the motor vehicle authority of the home state of the driver.
(b) Such notice will contain or be accompanied by information regarding the violation, the identity and address of the local court where the summons is returnable.
(c) Upon receipt of notice by the motor vehicle authority of the home state that one of its licensees has failed to satisfy a local court summons for a moving violation committed in the alternate state, the motor vehicle authority of the home state will suspend the license privilege of the driver until it is established that the summons has been satisfied.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 7 - RECIPROCITY AGREEMENT BETWEEN CONNECTICUT AND NEW JERSEY › Section 13:19-7.6 - Restoration

Current through Register Vol. 56, No. 14, July 15, 2024
Upon restoration, the motor vehicle authority of the state in which the violation occurred will transmit to the motor vehicle authority of the home state of the driver a copy of the official notice of restoration.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 8 - RECIPROCITY AGREEMENT BETWEEN PROVINCE OF ALBERTA AND STATE OF NEW JERSEY › Section 13:19-8.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This Subchapter contains a reciprocity arrangement between the Province of Alberta and the State of New Jersey, whereby each Province and State grants to the other full reciprocity, subject to restrictions as set out herein, as to motor vehicles operated within the Province of Alberta and the State of New Jersey.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 8 - RECIPROCITY AGREEMENT BETWEEN PROVINCE OF ALBERTA AND STATE OF NEW JERSEY › Section 13:19-8.2 - Operation of vehicles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any legally registered resident, public service or commercial motor vehicle of either the Province of Alberta or the State of New Jersey, while engaged in through or interstate commerce, but not operating for hire between fixed termini in the province or state granting reciprocity, shall be permitted to operate in the other province or state on such interstate operations, on lawful business and on the same basis as permitted by the registration of its province or state of domicile without the payment of motor vehicle privilege license fees of any kind, including registration fees, license plate fees, compensation fees, ton mileage fees, gross vehicle weight tax fees or itinerant trip permit fees, provided that such operation shall not be in violation of the laws of the province or state extending such reciprocity.
(b) This agreement does not grant exemption from fuel use or autobus excise tax laws in effect in either jurisdiction; nor does this arrangement grant exemption from the requirement to be in possession of the necessary operating authority in the case of any motor vehicle transporting passengers, goods, wares or merchandise for compensation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 8 - RECIPROCITY AGREEMENT BETWEEN PROVINCE OF ALBERTA AND STATE OF NEW JERSEY › Section 13:19-8.3 - Termination

Current through Register Vol. 56, No. 14, July 15, 2024
Either party may terminate this arrangement by giving 30 days' written notice to the other party.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 8 - RECIPROCITY AGREEMENT BETWEEN PROVINCE OF ALBERTA AND STATE OF NEW JERSEY › Section 13:19-8.4 - Permits

Current through Register Vol. 56, No. 14, July 15, 2024
The authorized representative of the province and state will formulate regulations governing the issuance of permits and methods of identification of the expected vehicles provided for in this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 9 - DESIGNATION OF STATE OFFICIAL TO BE NOTIFIED BY DRIVERS OF COMMERCIAL MOTOR VEHICLES CONCERNING OUT-OF-STATE MOTOR VEHICLE CONVICTIONS › Section 13:19-9.1 - Designation of State official; notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director, Compliance and Safety, is designated as the State official to be notified, pursuant to the Commercial Motor Vehicle Safety Act of 1986, Pub. L. 99-570, concerning out-of-State motor vehicle convictions.
(b) A driver of a commercial motor vehicle, as defined in the Commercial Motor Vehicle Safety Act of 1986, Pub. L. 99-570, shall submit within 30 days of conviction, a notice concerning an out-of-State conviction(s) for a violation(s) of any law relating to motor vehicle traffic control to the following address:
Director, Compliance and Safety
Motor Vehicle Commission
PO Box 174
Trenton, New Jersey 08666-0174
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 10 - POINT SYSTEM AND DRIVING DURING SUSPENSION › Section 13:19-10.2 - Point accumulation; period of suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chief Administrator shall, except for good cause, suspend a person's license to operate a motor vehicle and/or motorized bicycle in accordance with the following schedule:
Points Accumulated
Period of Suspension
1.
12 to 15 points in a period of two years or less
30 days
2.
16 to 18 points in a period of two years or less
60 days
3.
19 to 21 points in a period of two years or less
90 days
4.
22 to 24 points in a period of two years or less
120 days
5.
25 to 27 points in a period of two years or less
150 days
6.
28 or more points in a period of two year or less
not less than 180 days
7.
15 to 18 points in a period greater than two years
30 days
8.
19 to 22 points in a period greater than two years
60 days
9.
23 to 26 points in a period greater than two years
90 days
10.
27 to 30 points in a period greater than two years
120 days
11.
31 to 35 points in a period greater than two years
150 days
12.
36 points in a period greater than two years
not less than 180 days
13.
12 to 14 points in a period greater than two years
30 days
(b) For good cause shown, the Chief Administrator may in his or her discretion permit a person to attend a driver improvement program of the Motor Vehicle Commission in total or partial satisfaction of a period of suspension imposed under (a) above. In exercising his or her discretion, the Chief Administrator shall consider the person's driving record, prior warnings or driver improvement program attendance, maturity and any other aggravating or mitigating factor.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 10 - POINT SYSTEM AND DRIVING DURING SUSPENSION › Section 13:19-10.4 - Advisory notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a person accumulates six or more points, the Commission shall send an official notice advising the motorist of such status.
(b) Whenever a person who is licensed on a probationary basis in accordance with 39:3-10b is first convicted of a motor vehicle violation requiring the assessment of points against the individual's driving record under 13:19-10.1, the Commission shall send an official notice advising the motorist of the status of the driving record.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 10 - POINT SYSTEM AND DRIVING DURING SUSPENSION › Section 13:19-10.5 - Reductions of point accumulation

Current through Register Vol. 56, No. 14, July 15, 2024
Points recorded against the licensee shall be reduced in accordance with the provisions of 39:5-30.9.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 10 - POINT SYSTEM AND DRIVING DURING SUSPENSION › Section 13:19-10.6 - Restoration; official warning; completion of Driver Improvement or Probationary Driver Program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons whose licenses are restored after a suspension imposed under 13:19-10.2 or after a suspension imposed under this section, persons who are officially warned after an administrative hearing, and persons who successfully complete a Commission Driver Improvement Program or Probationary Driver Program may retain their licenses upon the express condition and understanding that any subsequent violation of the Motor Vehicle and Traffic Law of the State of New Jersey committed within one year of the restoration, official warning, or warning following successful completion of a Driver Improvement or Probationary Driver Program shall, except for good cause, result in suspension of driving privileges for the following periods:
1. When the subsequent violation occurs within six months of the date of the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--90 days;
2. When the subsequent violation occurs more than six months but less than nine months after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--60 days;
3. When the subsequent violation occurs more than nine months but less than one year after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--45 days.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 10 - POINT SYSTEM AND DRIVING DURING SUSPENSION › Section 13:19-10.7 - Court ruling

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall not be affected by any revocation or suspension judicially imposed, except that no lesser period of revocation or suspension shall be imposed than that directed by the court.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 10 - POINT SYSTEM AND DRIVING DURING SUSPENSION › Section 13:19-10.8 - Driving during period of suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the driving privileges of an individual have been suspended or revoked for any reason, either judicially or administratively:
1. The operation of a motor vehicle by the individual during the period of suspension or revocation shall be cause for extending the period of revocation or suspension for an additional six months, or for some other period determined by the Chief Administrator.
2. Should information be received by the Commission after restoration of an individual's driving privileges that the individual operated a motor vehicle during the period of revocation or suspension, the Chief Administrator may revoke or suspend the individual's driving privileges for a period of six months, or for some other period which the Chief Administrator determines.
3. In addition to the revocation or suspension of an individual's driving privileges as provided for in (a)1 and 2 above, the Chief Administrator may determine to suspend the motor vehicle registration privileges of an owner-operator who operates a motor vehicle during a period of revocation or suspension of driving registration privileges. Such period of suspension of registration privileges shall coincide with the period of suspension of the individual's driving privileges, or for some other period to be determined by the Chief Administrator.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 11 - SUSPENSION FOR OUT-OF-STATE CONVICTIONS; ADMINISTRATIVE DETERMINATIONS AND BAIL FORFEITURES FOR DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; REFUSAL TO SUBMIT TO CHEMICAL TEST › Section 13:19-11.1 - Suspension period determined by N.J.S.A 39:4-50 and 39:4-50.4a

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Out-of-state convictions, administrative determinations or bail forfeitures for operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug or for refusal to submit to chemical test after arrest for operating while under the influence shall be given the same effect as if such conviction, administrative determination or bail forfeiture had occurred in this State.
(b) The driving privileges of a New Jersey licensee who incurs an out-of-State conviction or administrative determination for operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug or for refusal to submit to chemical test after arrest for operating while under the influence shall be suspended for the minimum term specified in 39:4-50 or 39:4-50.4a. If the out-of-State conviction or administrative determination constitutes said driver's second, third or subsequent violation for operating while under the influence, a suspension shall be imposed under 39:4-50 corresponding to the number of the violation. If the out-of-State conviction or administrative determination for refusal to submit to a chemical test was a subsequent refusal or was in connection with said driver's subsequent offenses for operating while under the influence, a suspension shall be imposed for the term specified for subsequent offenses in 39:4-50.4a.
(c) The driving privileges of a New Jersey licensee who incurs an out-of-State bail forfeiture in connection with a charge of operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug or for refusal to submit to chemical test after arrest for operating while under the influence shall be suspended until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the Motor Vehicle Commission pursuant to 39:5F-1 et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 11 - SUSPENSION FOR OUT-OF-STATE CONVICTIONS; ADMINISTRATIVE DETERMINATIONS AND BAIL FORFEITURES FOR DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; REFUSAL TO SUBMIT TO CHEMICAL TEST › Section 13:19-11.2 - Alcohol education or rehabilitation program

Current through Register Vol. 56, No. 14, July 15, 2024
A New Jersey resident who incurs an out-of-State conviction or administrative determination for operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug or for refusal to submit to a chemical test after arrest for operating while under the influence shall be required to satisfactorily complete a program of alcohol education or rehabilitation approved by the Chief Administrator.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 12 - MOTOR VEHICLE VIOLATIONS SURCHARGE SYSTEM › Section 13:19-12.1 - Failure to pay surcharge; Motor Vehicle Violations Surcharge System Bill

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who fails to pay a surcharge levied pursuant to N.J.S.A. 17:29A-35.b shall be subject to collection action pursuant to N.J.S.A. 17:29A-35, in addition to any other remedy provided by law.
(b) Surcharge notification shall be in the form of a "Motor Vehicle Violation Surcharge System Bill." A person shall have 30 days from the date of surcharge notification to pay the surcharge before collection action is taken pursuant to N.J.S.A. 17:29A-35, in addition to any other remedy provided by law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 12 - MOTOR VEHICLE VIOLATIONS SURCHARGE SYSTEM › Section 13:19-12.2 - Requests for hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee, or his or her attorney, may request a surcharge hearing in writing in accordance with the provisions of N.J.A.C. 13:19-1.
(b) All requests for a surcharge hearing shall be sent to the following address:
State of New Jersey
Motor Vehicle Violations Surcharge System
PO Box 136
Trenton, New Jersey 08666-0136
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 12 - MOTOR VEHICLE VIOLATIONS SURCHARGE SYSTEM › Section 13:19-12.8 - Abandonment of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
If the licensee does not request a hearing in accordance with the provisions of N.J.A.C. 13:19-1 regarding the initial surcharge bill, or thereafter abandons the hearing request, the licensee shall not be granted a hearing on future billings for the convictions contained within the initial surcharge bill.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 12 - MOTOR VEHICLE VIOLATIONS SURCHARGE SYSTEM › Section 13:19-12.9 - Conference resolutions or final decisions

Current through Register Vol. 56, No. 14, July 15, 2024
Any resolution at a prehearing conference conducted in accordance with N.J.A.C. 13:19-1 regarding a surcharge bill or any final administrative decision shall be conclusive as to the issues contained in that resolution or decision, and shall preclude any hearing on those issues on future billings.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 12 - MOTOR VEHICLE VIOLATIONS SURCHARGE SYSTEM › Section 13:19-12.11 - Driving while intoxicated surcharges; installments

Current through Register Vol. 56, No. 14, July 15, 2024
Licensees who are surcharged for driving while intoxicated convictions may pay the surcharge in up to 36 monthly installments pursuant to a schedule established by the Chief Administrator of the Motor Vehicle Commission. Failure to adhere to the payment schedule will result in collection action pursuant to N.J.S.A. 17:29A-35, in addition to any other remedy provided by law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 12 - MOTOR VEHICLE VIOLATIONS SURCHARGE SYSTEM › Section 13:19-12.12 - Certificate of debt; installment payments; failure to pay installment; suspension of driving privilege

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to any other remedy provided by N.J.S.A. 17:29A-35, and as otherwise provided by law, the Chief Administrator may, in the Chief Administrator's discretion, issue a certificate of debt to the Clerk of the Superior Court in accordance with N.J.S.A. 17:29A-35.b(2), identifying a person as indebted to the State of New Jersey under the Motor Vehicle Violations Surcharge System.
(b) A driver, whose driving privilege has been denied, suspended, or revoked by the Commission prior to January 1, 2021, in accordance with N.J.S.A. 17:29A-35 and N.J.A.C. 13:19-12.1because of the failure to pay an insurance surcharge, may make application to the Chief Administrator for the restoration of driving privileges upon acknowledgement of an agreement to satisfy the certificate of debt on an installment basis at such times and in such amounts as may be fixed by the Chief Administrator, or designee. The Chief Administrator may, in the Chief Administrator's discretion, restore the driving privilege of a driver when the Chief Administrator is satisfied that an amount fixed by the Chief Administrator, or designee, has been paid in full or partial satisfaction of the principal amount of the certificate of debt, accrued interest, and statutory collection costs.
(c) A driving privilege which has been denied, suspended, or revoked for failure to comply with the terms fixed by the Chief Administrator, or a court of law, for satisfying a certificate of debt on an installment basis prior to January 1, 2021, shall not be restored until the principal amount of the certificate of debt, accrued interest, and statutory collection costs are satisfied in full by the driver.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 13 - MOTOR VEHICLE VIOLATIONS SURCHARGE SYSTEM; SUPPLEMENTAL SURCHARGES › Section 13:19-13.1 - Surcharges for three-year period; convictions; amounts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) System surcharges shall be levied by the Motor Vehicle Commission for convictions of violations set forth in (b) below, which violations occurred on or after March 19, 1984, the effective date of the original regulation. The surcharges shall be annually assessed for a three-year period.
(b) The following violations shall be subject to surcharges as indicated in (a) above for the amount set forth below:
139:3-10
Unlicensed driver
$ 100.00
239:3-40
Driving while suspended
$ 250.00
339:4-14.3e
Failing to have insurance on motorized bicycle
$100.00
439:6B-2
Failing to maintain liability insurance on motor vehicle
$250.00
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 19 - COMPLIANCE AND SAFETY › Subchapter 13 - MOTOR VEHICLE VIOLATIONS SURCHARGE SYSTEM; SUPPLEMENTAL SURCHARGES › Section 13:19-13.2 - Surcharges for three-year period; administrative violations; amounts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) System surcharges shall be levied by the Motor Vehicle Commission for violations resulting in license suspensions imposed administratively, which are set forth in (b) below and which violations or suspensions have occurred on or after March 19, 1984, the effective date of the original regulation. The surcharge shall be assessed each year for a three-year period and shall be in addition to the license restoration fee charged pursuant to 39:3-10a.
(b) The following violations resulting in administrative license suspensions shall be subject to surcharge as indicated in (a) for the amount set forth below:
1.
Operating while suspended . . . . . . . . . . . . . .
$ 250.00
2.
Failure to maintain liability insurance on motor vehicle
$ 250.00
. . . . . . . . . . . . . . . . . . . . . . . . .
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 1 - STANDARDS AND SPECIFICATIONS GOVERNING THE TYPES OF SUN-SCREENING MATERIALS AND PRODUCTS THAT MAY BE INSTALLED OR APPLIED TO WINDSHIELDS AND FRONT SIDE WINDOWS OF MOTOR VEHICLES FOR WHICH MEDICAL EXEMPTION CERTIFICATES HAVE BEEN ISSUED; STANDARDS GOVERNING THE ISSUANCE OF MEDICAL EXEMPTION CERTIFICATES › Section 13:20-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Action spectra" means those portions of the electromagnetic spectrum, such as UVA, UVB, near UV, and visible light, which elicit an adverse medical condition as specified in 39:3-75.1 and this subchapter.
"AS-1 line" means the mark at the edge of a sheet of glazing material that delineates the area of the windshield requisite for driving visibility and indicates that portion of the sheet of glazing material having a luminous transmittance of not less than 70 percent.
"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.
"Clear film" means a material that, when applied over factory-installed glazing, has a neutral gray appearance.
"Motor Vehicle Commission" or "Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P.L. 2003, c. 13 (39:2A-4 ).
"Near UV" means the portion of the visible electromagnetic spectrum that appears violet to blue in color, having wavelengths that range from 400 nanometers to 492 nanometers.
"Optical properties" means the percentage of visible light and/or UV transmittance, visible light reflection, and other parameters of approved sun-screening materials and products as supplied by the manufacturer and installed or applied by registered sun-screening material installation facilities.
"Reflectance" means the percentage of visible light reflected by the sun-screening material or product.
"Tinted film" means a material of any color that is applied over factory-installed glazing.
"Transmittance" means the percentage of visible light and/or UV radiation that passes through a sun-screening material or product and the factory-installed glazing to which it is attached.
"Ultraviolet" or "UV" means the ultraviolet portion of the electromagnetic spectrum, having wavelengths that range from 290 nanometers to 400 nanometers.
"UVA" means the portion of the UV spectrum that ranges from 320 nanometers to 400 nanometers in wavelength.
"UVB" means the portion of the UV spectrum that ranges from 290 nanometers to 320 nanometers in wavelength.
"Visible light" means that portion of the electromagnetic spectrum that is directly observable, having wavelengths that range from 400 nanometers to 760 nanometers with a corresponding appearance of violet to red in color.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 1 - STANDARDS AND SPECIFICATIONS GOVERNING THE TYPES OF SUN-SCREENING MATERIALS AND PRODUCTS THAT MAY BE INSTALLED OR APPLIED TO WINDSHIELDS AND FRONT SIDE WINDOWS OF MOTOR VEHICLES FOR WHICH MEDICAL EXEMPTION CERTIFICATES HAVE BEEN ISSUED; STANDARDS GOVERNING THE ISSUANCE OF MEDICAL EXEMPTION CERTIFICATES › Section 13:20-1.2 - Light transmittance standard; motor vehicle windshield and front side windows

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Sun-screening materials and products shall not be installed or applied to the windshield of a motor vehicle which, in conjunction with factory-installed glazing, reduce the transmittance of normally incident visible light below 70 percent.
(b) Notwithstanding (a) above, sun-screening materials and products may be installed or applied to that portion of the windshield of a motor vehicle above the AS-1 line which, in conjunction with factory-installed glazing, reduce the transmittance of normally incident visible light below 70 percent.
(c) Sun-screening materials and products shall not be installed or applied to the front side window(s) of a motor vehicle which, in conjunction with factory-installed glazing, reduce the transmittance of normally incident visible light below 60 percent.
(d) Notwithstanding (c) above, the owner or lessee of a motor vehicle for which a medical exemption certificate has been issued pursuant to this subchapter may affix readily removable sun-screening materials and products to the uppermost six-inch portion of the front side window(s) of such motor vehicle during the hours between sunrise and sunset; provided, however, that such readily removable sun-screening materials and products shall not, in conjunction with factory-installed glazing, reduce the transmittance of normally incident visible light below 35 percent.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 1 - STANDARDS AND SPECIFICATIONS GOVERNING THE TYPES OF SUN-SCREENING MATERIALS AND PRODUCTS THAT MAY BE INSTALLED OR APPLIED TO WINDSHIELDS AND FRONT SIDE WINDOWS OF MOTOR VEHICLES FOR WHICH MEDICAL EXEMPTION CERTIFICATES HAVE BEEN ISSUED; STANDARDS GOVERNING THE ISSUANCE OF MEDICAL EXEMPTION CERTIFICATES › Section 13:20-1.3 - Visible light reflectance standard; motor vehicle windshield and front side windows

Current through Register Vol. 56, No. 14, July 15, 2024
The visible light reflectance of sun-screening materials and products installed or applied to the windshield and/or the front side window(s) of a motor vehicle shall not exceed eight percent.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 20 - ENFORCEMENT SERVICE › Subchapter 1 - STANDARDS AND SPECIFICATIONS GOVERNING THE TYPES OF SUN-SCREENING MATERIALS AND PRODUCTS THAT MAY BE INSTALLED OR APPLIED TO WINDSHIELDS AND FRONT SIDE WINDOWS OF MOTOR VEHICLES FOR WHICH MEDICAL EXEMPTION CERTIFICATES HAVE BEEN ISSUED; STANDARDS GOVERNING THE ISSUANCE OF MEDICAL EXEMPTION CERTIFICATES › Section 13:20-1.4 - Sun-screening materials or products; color

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Sun-screening materials or products that are installed or applied to the windshield of a motor vehicle shall be a clear film.
(b) Sun-screening materials or products that are installed or applied to the front side window(s) of a motor vehicle shall be either a clear film or a tinted film.