|
NEW
JERSEY MOTOR
VEHICLE
OFFENSES
Commons New Jersey Motor
Vehicle Offenses from Title 39
39:3-4 Registration of automobiles and motorcycles, application,
registration certificates; expiration; issuance; violations; notification.
Except as hereinafter provided, every resident of this State and every
nonresident whose automobile or motorcycle shall be driven in this State
shall, before using such vehicle on the public highways, register the
same, and no automobile or motorcycle shall be driven unless so
registered.
39:3-10
Licensing of drivers; classifications.
No person shall drive a motor vehicle on a public highway in this State
unless the person is under supervision while participating in a
behind-the-wheel driving course pursuant to section 6 of P.L.1977, c.25
(C.39:3-13.2a) or is in possession of a validated permit, or a provisional
or basic driver's license issued to him in accordance with this article.
39:3-29 License, registration certificate and insurance identification
card; possession; exhibit upon request; violations; fine; defense.
The driver's license, the registration certificate of a motor vehicle and
an insurance identification card shall be in the possession of the driver
or operator at all times when he is in charge of a motor vehicle on the
highways of this State.
The driver or operator shall exhibit his
driver's license and an insurance identification card, and the holder of a
registration certificate or the operator or driver of a motor vehicle for
which a registration certificate has been issued, whether or not the
holder, driver or operator is a resident of this State, shall also exhibit
the registration certificate, when requested so to do by a police officer
or judge, while in the performance of the duties of his office, and shall
write his name in the presence of the officer, so that the officer may
thereby determine the identity of the licensee and at the same time
determine the correctness of the registration certificate, as it relates
to the registration number and number plates of the motor vehicle for
which it was issued; and the correctness of the evidence of a policy of
insurance, as it relates to the coverage of the motor vehicle for which it
was issued.
Any person violating this section shall be subject to a fine of $150, of
which $25 shall be deposited in the Uninsured Motorist Prevention Fund
established by section 2 of P.L.1983, c.141 (C.39:6B-3).
If a person charged with a violation of this section can exhibit his
driver's license, insurance identification card and registration
certificate, which were valid on the day he was charged, to the judge of
the municipal court before whom he is summoned to answer to the charge,
such judge may dismiss the charge. However, the judge may impose court
costs.
39:3-33. Markers; requirements concerning; display of fictitious or wrong
numbers, etc.; punishment
The owner of an automobile which is driven on the public highways of this
State shall display not less than 12 inches nor more than 48 inches from
the ground in a horizontal position, and in such a way as not to swing, an
identification mark or marks to be furnished by the division; provided,
that if two marks are issued they shall be displayed on the front and rear
of the vehicle; and provided, further, that if only one mark is issued it
shall be displayed on the rear of the vehicle; and provided, further, that
the rear identification mark may be displayed more than 48 inches from the
ground on tank trucks, trailers and other commercial vehicles carrying
inflammable liquids and on sanitation vehicles which are used to collect,
transport and dispose of garbage, solid wastes and refuse. Motorcycles
shall also display an identification mark or marks; provided, that if two
marks are issued they shall be displayed on the front and rear of the
motorcycle; and provided, further, that if only one mark is issued it
shall be displayed on the rear of the motorcycle.
The identification mark or marks shall contain the number of the
registration certificate of the vehicle and shall be of such design and
material as prescribed pursuant to section 2 of P.L.1989, c.202
(C.39:3-33.9). All identification marks shall be kept clear and distinct
and free from grease, dust or other blurring matter, so as to be plainly
visible at all times of the day and night.
No person shall drive a motor vehicle which has a license plate frame or
identification marker holder that conceals or otherwise obscures any part
of any marking imprinted upon the vehicle's registration plate or any part
of any insert which the director, as hereinafter provided, issues to be
inserted in and attached to that registration plate or marker.
The director is authorized and empowered to issue registration plate
inserts, to be inserted in and attached to the registration plates or
markers described herein. They may be issued in the place of new
registration plates or markers; and inscribed thereon, in numerals, shall
be the year in which registration of the vehicle has been granted.
No person shall drive a motor vehicle the owner of which has not complied
with the provisions of this subtitle concerning the proper registration
and identification thereof, nor drive a motor vehicle which displays a
fictitious number, or a number other than that designated for the motor
vehicle in its registration certificate. During the period of time between
the application for motor vehicle registration and the receipt of
registration plates from the division, no person shall affix a plate or
marker for the purpose of advertisement in the position on a motor vehicle
normally reserved for the display of the registration plates required by
this section if the plate or marker is designed with a combination of
letters, numbers, colors, or words to resemble the registration plates
required by this section.
A person convicted of displaying a fictitious number, as prohibited
herein, shall be subject to a fine not exceeding $500.00 or imprisonment
in the county jail for not more than 60 days.
A person violating any other provision of this section shall be subject to
a fine not exceeding $100.00. In default of the payment thereof, there
shall be imposed an imprisonment in the county jail for a period not
exceeding 10 days. A person convicted of a second offense of the same
violation may be fined in double the amount herein prescribed for the
first offense and may, in default of the payment thereof, be punished by
imprisonment in the county jail for a period not exceeding 20 days. These
penalties shall not apply to the display of a fictitious number.
39:3-40 Penalties for driving while license suspended, etc.
No person to whom a driver's license has been refused or whose driver's
license or reciprocity privilege has been suspended or revoked, or who has
been prohibited from obtaining a driver's license, shall personally
operate a motor vehicle during the period of refusal, suspension,
revocation, or prohibition.
No person whose motor vehicle registration has been revoked shall operate
or permit the operation of such motor vehicle during the period of such
revocation.
Except as provided in subsections i. and j. of this section, a person
violating this section shall be subject to the following penalties:
a. Upon conviction for a first offense, a fine of $500.00 and, if that
offense involves the operation of a motor vehicle during a period when the
violator's driver's license is suspended for a violation of R.S.39:4-50 or
section 2 of P.L.1981, c.512 (C.39:4-50.4a), revocation of the violator's
motor vehicle registration privilege in accordance with the provisions of
sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
b. Upon conviction for a second offense, a fine of $750.00, imprisonment
in the county jail for not more than five days and, if the second offense
involves the operation of a motor vehicle during a period when the
violator's driver's license is suspended and that second offense occurs
within five years of a conviction for that same offense, revocation of the
violator's motor vehicle registration privilege in accordance with the
provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through
C.39:3-40.5);
c. Upon conviction for a third offense or subsequent offense, a fine of
$1,000.00, imprisonment in the county jail for 10 days. If the third or a
subsequent offense involves the operation of a motor vehicle during a
period when the violator's driver's license is suspended and the third or
subsequent offense occurs within five years of a conviction for the same
offense, revocation of the violator's motor vehicle registration privilege
shall be revoked in accordance with the provisions of sections 2 through 6
of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
d. Upon conviction, the court shall impose or extend a period of
suspension not to exceed six months;
e. Upon conviction, the court shall impose a period of imprisonment for
not less than 45 days or more than 180 days, if while operating a vehicle
in violation of this section a person is involved in an accident resulting
in bodily injury to another person;
f. (1) Notwithstanding subsections a. through e., any person violating
this section while under suspension issued pursuant to section 2 of
P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be fined $500.00,
shall have his license to operate a motor vehicle suspended for an
additional period of not less than one year nor more than two years, and
may be imprisoned in the county jail for not more than 90 days.
(2)Notwithstanding the provisions of subsections a. through e. of this
section and paragraph (1) of this subsection, any person violating this
section under suspension issued pursuant to R.S.39:4-50, section 2 of
P.L.1981, c.512 (C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.),
shall be fined $500, shall have his license to operate a motor vehicle
suspended for an additional period of not less than one year or more than
two years, and shall be imprisoned in the county jail for not less than 10
days or more than 90 days.
(3)Notwithstanding the provisions of subsections a. through e. of this
section and paragraphs (1) and (2) of this subsection, a person shall have
his license to operate a motor vehicle suspended for an additional period
of not less than one year or more than two years, which period shall
commence upon the completion of any prison sentence imposed upon that
person, shall be fined $500 and shall be imprisoned for a period of 60 to
90 days for a first offense, imprisoned for a period of 120 to 150 days
for a second offense, and imprisoned for 180 days for a third or
subsequent offense, for operating a motor vehicle while in violation of
paragraph (2) of this subsection while:
(a) on any school property used for school purposes which is owned by or
leased to any elementary or secondary school or school board, or within
1,000 feet of such school property;
(b) driving through a school crossing as defined in R.S.39:1-1 if the
municipality, by ordinance or resolution, has designated the school
crossing as such; or
(c) driving through a school crossing as defined in R.S.39:1-1 knowing
that juveniles are present if the municipality has not designated the
school crossing as such by ordinance or resolution.
A map or true copy of a map depicting the location and boundaries of the
area on or within 1,000 feet of any property used for school purposes
which is owned by or leased to any elementary or secondary school or
school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7)
may be used in a prosecution under subparagraph (a) of this paragraph.
It shall not be relevant to the imposition of sentence pursuant to
subparagraph (a) or (b) of this paragraph that the defendant was unaware
that the prohibited conduct took place while on or within 1,000 feet of
any school property or while driving through a school crossing. Nor shall
it be relevant to the imposition of sentence that no juveniles were
present on the school property or crossing zone at the time of the offense
or that the school was not in session;
g. In addition to the other applicable penalties provided under this
section, a person violating this section whose license has been suspended
pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the regulations
adopted thereunder, shall be fined $3,000. The court shall waive the fine
upon proof that the person has paid the total surcharge imposed pursuant
to section 6 of P.L.1983, c.65 (C.17:29A-35) or the regulations adopted
thereunder. Notwithstanding the provisions of R.S.39:5-41, the fine
imposed pursuant to this subsection shall be collected by the Division of
Motor Vehicles pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35), and
distributed as provided in that section, and the court shall file a copy
of the judgment of conviction with the director and with the Clerk of the
Superior Court who shall enter the following information upon the record
of docketed judgments: the name of the person as judgment debtor; the
Division of Motor Vehicles as judgment creditor; the amount of the fine;
and the date of the order. These entries shall have the same force and
effect as any civil judgment docketed in the Superior Court;
h. A person who owns or leases a motor vehicle and permits another to
operate the motor vehicle commits a violation and is subject to suspension
of his license to operate a motor vehicle and to revocation of
registration pursuant to sections 2 through 6 of P.L.1995, c.286
(C.39:3-40.1 through C.39:3-40.5) if the person:
(1)Knows that the operator's license to operate a motor vehicle has been
suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512
(C.39:4-50.4a); or
(2)Knows that the operator's license to operate a motor vehicle is
suspended and that the operator has been convicted, within the past five
years, of operating a vehicle while the person's license was suspended or
revoked;
i. If the violator's driver's license to operate a motor vehicle has been
suspended pursuant to section 9 of P.L.1985, c.14 (C.39:4-139.10), the
violator shall be subject to a maximum fine of $100 upon proof that the
violator has satisfied the parking ticket or tickets that were the subject
of the Order of Suspension;
j. If a person is convicted for a second or subsequent violation of this
section and the second or subsequent offense involves a motor vehicle
moving violation, the term of imprisonment for the second or subsequent
offense shall be 10 days longer than the term of imprisonment imposed for
the previous offense.
For the purposes of this subsection, a "motor vehicle moving violation"
means any violation of the motor vehicle laws of this State for which
motor vehicle points are assessed by the Director of the Division of Motor
Vehicles pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
39:3-66.
Maintenance of lamps, reflectors, etc.
All lamps, reflectors and other illuminating devices required by this
article shall be kept clean and in good working order and, as far as
practicable, shall be mounted in such a manner as to reduce the likelihood
of their being obscured by mud or dust thrown up by the wheels.
39:3-76.2f Seat belt usage requirements for persons ages 8-18; driver's
responsibility.
2. a. Except as provided in P.L.1983, c.128 (C.39:3-76.2a et al.) for
children under eight years of age and weighing less than 80 pounds, all
passengers under eight years of age and weighing more than 80 pounds, and
all passengers who are at least eight years of age but less than 18 years
of age, and each driver and front seat passenger of a passenger automobile
operated on a street or highway in this State shall wear a properly
adjusted and fastened safety seat belt system as defined by Federal Motor
Vehicle Safety Standard Number 209.
b.The driver of a passenger automobile shall secure or cause to be secured
in a properly adjusted and fastened safety seat belt system, as defined by
Federal Motor Vehicle Safety Standard Number 209, any passenger who is at
least eight years of age but less than 18 years of age.
For the purposes of the "Passenger Automobile Seat Belt Usage Act," the
term "passenger automobile" shall include vans, pick-up trucks and utility
vehicles.
L.1984,c.179,s.1; amended 1999, c.422, s.1; 2001, c.244, s.2.
39:3-76.2g Exceptions to seat belt usage requirements.
3.This act shall not apply to a driver or front seat passenger of:
a. A passenger automobile manufactured before July 1, 1966;
b. A passenger automobile in which the driver or passenger possesses a
written verification from a licensed physician that the driver or
passenger is unable to wear a safety seat belt system for physical or
medical reasons;
c. A passenger automobile which is not required to be equipped with a
safety seat belt system under federal law;
d. A passenger automobile operated by a rural letter carrier of the United
States Postal Service while performing the duties of a rural letter
carrier; or
e. A passenger automobile which was originally constructed with fewer
safety seat belt systems than are necessary to allow the passenger to be
buckled.
39:4-85. Passing to left when overtaking; passing when in lines; signaling
to pass; passing upon right
The driver of a vehicle overtaking another vehicle proceeding in the same
direction shall pass at a safe distance to the left thereof and shall not
again drive to the right side of the roadway until safely clear of the
overtaken vehicle. If vehicles on the roadway are moving in two or more
substantially continuous lines, the provisions of this paragraph and
section 39:4-87 of this Title shall not be considered as prohibiting the
vehicles in one line overtaking and passing the vehicles in another line
either upon the right or left, nor shall those provisions be construed to
prohibit drivers overtaking and passing upon the right another vehicle
which is making or about to make a left turn.
The driver of an overtaking motor vehicle not within a business or
residence district shall give audible warning with his horn or other
warning device before passing or attempting to pass a vehicle proceeding
in the same direction.
The driver of a vehicle may overtake and pass another vehicle upon the
right as provided in this section only under conditions permitting such
movement in safety. In no event shall such movement be made by driving off
the pavement or main-traveled portion of the roadway.
39:4-96. Reckless driving;
punishment
A person who drives a vehicle heedlessly, in willful or wanton disregard
of the rights or safety of others, in a manner so as to endanger, or be
likely to endanger, a person or property, shall be guilty of reckless
driving and be punished by imprisonment in the county or municipal jail
for a period of not more than 60 days, or by a fine of not less than
$50.00 or more than $200.00, or both.
On a second or subsequent conviction he
shall be punished by imprisonment for not more than three months, or by a
fine of not less than $100 or more than $500, or both.
39:4-97. Careless driving
A person who drives a vehicle carelessly, or without due caution and
circumspection, in a manner so as to endanger, or be likely to endanger, a
person or property, shall be guilty of careless driving.
39:4-98. Rates of speed
Subject to the provisions of R.S.39:4-96 and R.S.39:4-97 and except in
those instances where a lower speed is specified in this chapter, it shall
be prima facie lawful for the driver of a vehicle to drive it at a speed
not exceeding the following:
a. Twenty-five miles per hour, when passing through a school zone during
recess, when the presence of children is clearly visible from the roadway,
or while children are going to or leaving school, during opening or
closing hours;
b. (1) Twenty-five miles per hour in any business or residential district;
(2) Thirty-five miles per hour in any suburban business or residential
district;
c. Fifty miles per hour in all other locations, except as otherwise
provided in the "Sixty-Five MPH Speed Limit Implementation Act," pursuant
to section 2 of P.L.1997, c.415 (C.39:4-98.3 et al.).
Whenever it shall be determined upon the basis of an engineering and
traffic investigation that any speed hereinbefore set forth is greater or
less than is reasonable or safe under the conditions found to exist at any
intersection or other place or upon any part of a highway, the
Commissioner of Transportation, with reference to State highways, may by
regulation and municipal or county authorities, with reference to highways
under their jurisdiction, may by ordinance, in the case of municipal
authorities, or by ordinance or resolution, in the case of county
authorities, subject to the approval of the Commissioner of
Transportation, except as otherwise provided in R.S.39:4-8, designate a
reasonable and safe speed limit thereat which, subject to the provisions
of R.S.39:4-96 and R.S.39:4-97, shall be prima facie lawful at all times
or at such times as may be determined, when appropriate signs giving
notice thereof are erected at such intersection, or other place or part of
the highway. Appropriate signs giving notice of the speed limits
authorized under the provisions of paragraph (1) of subsection b. and
subsection c. of this section may be erected if the commissioner or the
municipal or county authorities, as the case may be, so determine they are
necessary. Appropriate signs giving notice of the speed limits authorized
under the provisions of subsection a. and paragraph (2) of subsection b.
of this section shall be erected by the commissioner or the municipal or
county authorities, as appropriate.
The driver of every vehicle shall, consistent with the requirements of
this section, drive at an appropriate reduced speed when approaching and
crossing an intersection or railway grade crossing, when approaching and
going around a curve, when approaching a hill crest, when traveling upon
any narrow or winding roadway, and when special hazard exists with respect
to pedestrians or other traffic or by reason of weather or highway
conditions.
The Commissioner of Transportation shall cause the erection and
maintenance of signs at such points of entrance to the State as are deemed
advisable, setting forth the lawful rates of speed, the wording of which
shall be within his discretion.
39:4-124. Method of turning at intersection; local authorities may
determine
The State Highway Commissioner and local authorities, with reference to
highways under their respective jurisdictions, may modify the method
provided in section 39:4-123 of this Title, of turning at intersections by
clearly indicating by buttons, markers or other direction signs, within an
intersection, the course to be followed by vehicles turning therein. No
driver shall fail to turn in the manner so directed when such direction
signs are installed by said authorities.
39:8-1 Motor
vehicle inspections, exceptions.
a. Every motor vehicle registered in this State which is used over any
public road, street, or highway or any public or quasi-public property in
this State, and every vehicle subject to enhanced inspection and
maintenance programs pursuant to 40 C.F.R. s.51.356, except historic motor
vehicles registered as such, collector motor vehicles designated as such
pursuant to this subsection, and those vehicles over 8,500 pounds gross
weight that are under the inspection jurisdiction of the commission
pursuant to Titles 27 and 48 (as amended by this legislation) of the
Revised Statutes, shall be inspected by designated examiners or at
official inspection facilities to be designated by the commission or at
licensed private inspection facilities. The commission shall adopt rules
and regulations establishing a procedure for the designation of motor
vehicles as collector motor vehicles, which designation shall include
consideration by the commission of one or more of the following factors:
the age of the vehicle, the number of such vehicles originally
manufactured, the number of such vehicles that are currently in use, the
total number of miles the vehicle has been driven, the number of miles the
vehicle has been driven during the previous year or other period of time
determined by the commission, and whether the vehicle has a collector
classification for insurance purposes.
b. The commission shall determine the official inspection facility or
private inspection facility at which a motor vehicle, depending upon its
characteristics, shall be inspected. The commission, with the concurrence
of the Department of Environmental Protection, may exclude by regulation
from this inspection requirement any category of motor vehicle if good
cause for such exclusion exists, unless the exclusion is likely to prevent
this State from meeting the applicable performance standard established by
the United States Environmental Protection Agency. The commission may
determine that a vehicle is in compliance with the inspection requirements
of this section if the vehicle has been inspected and passed under a
similar inspection program of another state, district, or territory of the
United States.
39:8-4. Reinspection
a. If inspections as required by R.S. 39:8-1 disclose the necessity for
adjustments, corrections or repairs, the director shall cause a rejection
sticker to be issued.
b. The director may require the owner of a motor vehicle requiring an
adjustment, correction or repair that is not emission-related to have that
adjustment, correction or repair made and thereafter have the vehicle
reinspected at an official inspection facility or at a licensed private
inspection facility within the period designated by the director.
The director may cause a certificate of approval to be issued for a motor
vehicle needing an adjustment, correction or repair that is not
emission-related in order to conform to the requirements of chapter 3 and
chapter 8 of this Title, but which, in the director's determination, is
nevertheless safe. In such cases the director shall issue notice to the
vehicle owner to have the adjustment, correction or repair made within a
specified period of time, subject to the penalties of R.S.39:8-9.
c. The director shall require the owner of a motor vehicle requiring an
adjustment, correction or repair that is emission-related to have that
adjustment, correction or repair made and thereafter have the vehicle
reinspected at an official inspection facility or at a private inspection
facility, as determined by the director, within the period designated by
the director.
Common NJ Motor Vehicle
Offenses from Title 39 |
