New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 21 - LICENSING SERVICE › Subchapter 21 - AUTO BODY REPAIR FACILITIES › Section 13:21-21.3 - 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.
"Advertising" means any printed or published materials, including but not limited to direct mail, circulars, leaflets, pamphlets, newspapers, magazines, billboards, yellow pages of any telephone directory, radio and/or television broadcasts, and any other advertising medium of communication used to induce the public to seek the services of the auto body repair facility. The term "advertising" shall not include printed or published materials appearing in the white pages of any telephone directory.
"Applicant" means any person applying under the provisions of this subchapter for an initial license to engage in the business of an auto body repair facility or to renew an existing license. In the case of a partnership or corporation applying for a license, the term "applicant" shall respectively include all partners and/or officers and directors.
"Auto body repair facility" means any person who for compensation or as part of a business or commercial activity engages in the business of repairing, removing, installing or painting integral component parts of a chassis or body of a motor vehicle damaged as a result of a collision. For the purpose of this subchapter, the following are not deemed to be an auto body repair facility and are not required to be licensed:
1. Any employee of an auto body repair facility who engages in the business of repairing motor vehicles solely by reason of his or her employment;
2. Any person who is solely engaged in the business of repairing motor vehicles owned or leased by a single commercial or industrial establishment;
3. Any person whose activities consist solely of fueling, changing oil, water, batteries or tires, replacing fan belts, air filters or oil filters, installing windshield wiper blades, light bulbs, communication equipment, or such other minor repair and servicing functions;
4. Any person who solely examines motor vehicles to determine the cause or location of malfunctions. No such person shall prepare an estimate and/or repair any motor vehicle damaged as a result of a collision;
5. Any person or business that solely performs four wheel alignment, air conditioning services, window glazing, mechanical repairs and/or structural (frame machine) repairs pursuant to a subcontracting agreement with a properly licensed full or limited service auto body facility. All such subcontracting agreements must be filed with the New Jersey Motor Vehicle Commission; or
6. Any person or business that solely performs restoration services for motor vehicles that have not otherwise been damaged as a result of a collision.
"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.
"Collision" means any damage caused to a motor vehicle as a direct result of a motor vehicle accident, or any damage caused by missiles, falling objects, fire, theft, larceny, windstorm, hail, earthquake, explosion, riot or civil commotion, malicious mischief, vandalism, water, flood, lightning, external discharge or leakage of water, smoke or colliding with a bird, animal or stationary object.
"Commission" means the New Jersey Motor Vehicle Commission.
"Controlling interest" means possession of the power to direct or cause direction of the management and policies of an auto body repair facility, whether through the ownership of voting securities or otherwise. The Chief Administrator will presume that control in fact exists if any person or entity directly or indirectly owns, controls, holds the power to vote, or holds proxies representing 10 percent or more of the voting securities of any auto body repair facility. This presumption may be rebutted by showing that control does not in fact exist. The Chief Administrator may determine control in fact exists, notwithstanding the presence or absence of a presumption to that effect.
"Customer" means the owner of record with the Commission or, when titled in another state, with that state's equivalent agency, of the motor vehicle or any lessee, family member, employee, or any other person whose use of the motor vehicle is authorized by such owner of record.
"Engaged in the business" means:
1. Any person who for compensation or as part of a business or commercial activity repairs, removes, or installs integral component parts on more than four motor vehicles damaged as a result of a collision during any calendar year;
2. Any person who for compensation subcontracts, or has any type of business arrangement, with an auto body repair facility or other person to repair more than four motor vehicles damaged as a result of a collision during any calendar year;
3. Any person who is compensated by an auto body repair facility or other person to prepare estimates to be used by an auto body repair facility or other person to repair more than four motor vehicles damaged as a result of a collision during any calendar year; or
4. Any person who for compensation negotiates, in any manner, claims with any insurer or customer to repair more than four motor vehicles damaged as a result of a collision during any calendar year.
"Estimate" means any written determination prepared by an auto body repair facility of the approximate cost of the parts and labor needed to perform the requested repair services.
"Integral component part" means those major motor vehicle component parts as defined in 39:10B-1(b)  and also includes the hood and trunk.
"Motor vehicle" means a vehicle as defined in 39:1-1 and which is required to be registered with the Motor Vehicle Commission.
"OEM" means original equipment manufacturer and shall refer to any part bearing the trademark of the original equipment manufacturer.
"Person" means any natural person, business, company, firm, partnership, association, corporation or any other entity.
"Place of business" means the address or location where the services of the auto body repair facility are offered or ordinarily performed.
"Suspension, revocation or refusal to grant or renew" means administrative action by the Chief Administrator, in accordance with the provisions of this subchapter, to refuse to grant or renew an auto body repair facility license or to suspend or revoke an existing license.