[Third Reprint]

 

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 823

STATE OF NEW JERSEY

213th LEGISLATURE

  ADOPTED JUNE 12, 2008

 


 

Sponsored by:

Assemblyman REED GUSCIORA

District 15 (Mercer)

Assemblyman PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Assemblyman JOHN S. WISNIEWSKI

District 19 (Middlesex)

Assemblyman RUBEN J. RAMOS, JR.

District 33 (Hudson)

 

Co-Sponsored by:

Assemblywoman Rodriguez, Assemblyman McKeon, Assemblywoman Greenstein, Senators Gordon, Stack and Turner

 

 

 

 

SYNOPSIS

     Regulates operation of snowmobiles, all-terrain vehicles, and dirt bikes, and certain other vehicles and off-road vehicles; requires DEP to designate three sites on State-owned land where snowmobiles, all-terrain vehicles, and dirt bikes may be used.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on December 7, 2009.

  

 

 

 


An Act concerning the operation of snowmobiles, all-terrain vehicles, and dirt bikes, establishing new penalties for the operation of certain vehicles and off-road vehicles, amending and supplementing P.L.1973, c.307, 3[1and1]3 amending 3and supplementing3 P.L.1983, c.324 3,3 and 3amending3 P.L.1954, c.38 1[, and repealing section 4 of P.L.1973, c.307 (C.39:3C-4)]1.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  Section 1 of P.L.1973, c.307 (C.39:3C-1) is amended to read as follows:

     1.   As used in this act:

     [a.]  "All-terrain vehicle" means a motor vehicle, designed 1[to travel over any terrain] and manufactured for off-road use only1, of a type possessing between three and six rubber tires and powered by a gasoline engine not exceeding 1[1,000] 6001 cubic centimeters, but shall not include golf carts 1or any all-terrain vehicle operated by an employee or agent of the State of New Jersey and used while in the performance of the employee’s or agent’s official duties1  .

     “Chief 2[Administrator] administrator2 ” means the Chief Administrator of the New Jersey Motor Vehicle Commission.

     “Commission” means the New Jersey Motor Vehicle Commission established by section 4 of P.L.2003, c.13 (C.39:2A-4).

     "Commissioner" means the Commissioner of [the Department of] Environmental Protection. 

     [b. "Director" means the Director of the Division of Motor Vehicles in the Department of Law and Public Safety. 

     c.] 1“Department” means the Department of Environmental Protection.1

     “Dirt bike" means 1[a motor powered vehicle possessing two or more tires, designed to travel over any terrain and capable of traveling off of paved roads] any two-wheeled motorcycle that is designed and manufactured for off-road use only and that does not comply with Federal Motor Vehicle Safety Standards or United States Environmental Protection Agency on-road emissions standards1

   “Natural resource” means all land, fish, shellfish, wildlife, biota, air, waters, and other such resources owned, managed, held in trust, or otherwise controlled by the State.

     “Public land” means all land owned, operated, managed, maintained, or under the jurisdiction of the Department of Environmental Protection, including any and all land owned, operated, managed, maintained, or purchased jointly by the Department of Environmental Protection with any other party and any land so designated by municipal or county ordinance.  Public land shall also mean any land used for conservation purposes, including, but not limited to, beaches, forests, greenways, natural areas, water resources, wildlife preserves, 2[and]2 land used for watershed protection, or biological or ecological studies 2, and land exempted from taxation pursuant to section 2 of P.L.1974, c.167 (C.54:4-3.64)2 .

     “Snowmobile" means any motor vehicle, designed primarily to travel over ice or snow, of a type which uses sled type runners, skis, an endless belt tread, cleats or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment, or any military vehicle. 

     [d.] "Special event" means an organized race, exhibition 1,1 or demonstration of limited duration which is conducted according to a prearranged schedule and in which general public interest is manifested. 

     [e. "All-terrain vehicle" means a motor vehicle, designed to travel over any terrain, of a type possessing between three and six rubber tires and powered by a gasoline engine not exceeding 600 cubic centimeters, but shall not include golf carts]

(cf:  P.L.1991, c.496, s.7) 

 

     2.  Section 2 of P.L.1973, c.307 (C.39:3C-2) is amended to read as follows:

     2.  For the purpose of carrying out the provisions of [this act] P.L.1973, c.307 (C.39:3C-1 et seq.):

     a.  The [director] chief administrator shall have the power, duty, and authority to administer and enforce all statutes, rules, and regulations, except as otherwise provided by statute, relating to the operation and use of snowmobiles [and] , all-terrain vehicles, and dirt bikes on or across a public highway or on public lands or waters, including but not limited to the following:

     (1)  Registration, identification, numbering, and classification;

     (2)  Equipment;

     (3)  Standards of safety;

     (4)  1[Educational programs] (Deleted by amendment, P.L.    , c.   ) (pending before the Legislature as this bill)1 ; and

     (5) [Promulgate] Promulgation of rules and regulations to effectuate the purposes of [this act] P.L.1973, c.307 (C.39:3C-1 et seq.).

     b.  The Commissioner of Environmental Protection shall have the power, duty, and authority to administer and enforce all other statutes, permits, rules, and regulations [, except as otherwise provided by statute,] relating to snowmobiles [and] , all-terrain vehicles, and dirt bikes on the public lands and waters under the jurisdiction of the Department of Environmental Protection such that:

     (1) snowmobiles, all-terrain vehicles, and dirt bikes shall be operated only on highways and roads designated and marked for such operation, unless specifically authorized by the commissioner; and

     (2) snowmobiles, all-terrain vehicles, and dirt bikes shall be operated only in areas designated and marked for such operation and only with a special use permit issued by the Department of Environmental Protection.  

(cf:  P.L.1985, c.375, s.3) 

 

     3.  Section 3 of P.L.1973, c.307 (C.39:3C-3) is amended to read as follows: 

     3.  Except as otherwise provided, no snowmobile [or] , all-terrain vehicle, or dirt bike shall be operated or permitted to be operated on or across a public highway or on public lands or waters of this State unless registered and numbered by the owner thereof as provided by [this act] P.L.1973, c.307 (C.39:3C-1 et seq.).  The [Director of the Division of Motor Vehicles in the Department of Law and Public Safety] chief administrator is authorized to register and assign a [registration] number to snowmobiles [and] , all-terrain vehicles, and dirt bikes upon application and payment of the appropriate fee in accordance with the following schedule:

     a.  For each individual resident snowmobile registration, [$5.00, and for each individual resident] all-terrain vehicle registration, [$10.00] and dirt bike registration, 1[$45] $501, 1[annually] for a period not to exceed 24 months1 [;] , in accordance with the provisions of section 29 of P.L.1973, c.307 (C.39:3C-29). 

     b.  For each individual nonresident snowmobile registration, [$7.00, and for each individual nonresident] all-terrain vehicle registration, [$12.00] and dirt bike registration, 1[$45] $501, 1[annually] for a period not to exceed 24 months1 [;], in accordance with the provisions of section 29 of P.L.1973, c.307 (C.39:3C-29). 

     c.  For replacement of a lost, mutilated 1,1 or destroyed certificate, [$5 ;] 1[$11] $51.

     d.  For a duplicate registration, [$5] 1[$11] $51 at the time of issuance[;] .

     e.  For an amended registration, [$5] 1[$11] $51.

     f.  In addition to the registration fees imposed pursuant to this section, the chief administrator shall impose and collect an additional fee of 1[$5] $101 to be deposited in the “Off-Road Vehicle Recreational Fund” created by section 1[29] 311 of P.L.  , c.     (C.     ) (pending before the Legislature as this bill). 

     All [such] registrations shall be [issued on or after September 1 in any year and shall be] valid [through September 30 of the following year] for a period 1[of 12] not to exceed 241 months from the date on which the registration was issued, except that the [director] chief administrator may suspend or revoke such registration for any violations of [this act] P.L.1973, c.307 (C.39:3C-1 et seq.) or of the rules promulgated hereunder. 

(cf:  P.L.1994, c.60, s.22) 

 

     14.  Section 4 of P.L.1973, c.307 (C.39:3C-4) is amended to read as follows:

     4.  Once a registration number is assigned, it shall remain with the registered snowmobile [or] , all-terrain vehicle, or dirt bike until the snowmobile [or] , all-terrain vehicle, or dirt bike is destroyed, abandoned or permanently removed from the State, or until changed or terminated by the [director] chief administrator.1

(cf:  P.L.1985, c.375, s.5)

 

     1[4.] 5.1  Section 5 of P.L.1973, c.307 (C.39:3C-5) is amended to read as follows:

     5.  [Such registration shall be issued by the director or by agents as designated by him when a snowmobile or all-terrain vehicle is operated across a public highway or on public lands or waters and shall be in such form as the director shall prescribe. The registration certificate shall be subject to inspection by any law enforcement officer on demand and shall be on the vehicle at all times when in operation.

     The registration number assigned shall be displayed on each side of the vehicle in such form, location and manner as prescribed by the director.]

     The owner of a snowmobile, all-terrain vehicle, or dirt bike required to be registered and numbered in this State shall do so with the commission no later than six months after the effective date of P.L.    , c.     (C.         ) ( pending before the Legislature as this bill). 

     1[Any snowmobile, all-terrain vehicle, or dirt bike purchased at a retail dealer or distributor in this State on or after the effective date of P.L.    , c.    (C.      ) (pending before the Legislature as this bill) shall be properly registered and numbered with the commission through the retail dealer or distributor.  The chief administrator shall promulgate rules and regulations concerning the manner in which a retail dealer or distributor shall register and number a snowmobile, all-terrain vehicle or dirt bike.

   Whenever ownership is transferred or the use of a snowmobile [or], all-terrain vehicle, or dirt bike for which a registration certificate has already been issued is discontinued, the [old] registration shall be properly signed and executed by the owner, showing that the ownership has been transferred or its use discontinued, and returned to the [director] chief administrator within 10 days of [said] the event.]

     Every person in the business of selling a snowmobile, all-terrain vehicle, or dirt bike shall require proof that the vehicle is properly registered with the New Jersey Motor Vehicle Commission, pursuant to section 3 of P.L.1973, c.307 (C.39:3C-3), before transferring actual physical possession of the snowmobile, all-terrain vehicle, or dirt bike to a purchaser of the vehicle.1

     If there is a change of ownership for which a registration certificate has been previously issued, the new owner shall apply for a new registration certificate and set forth the original number in the application.  [He] The owner shall demonstrate to the commission a notarized bill of sale, assignable certificate of origin, or other formal proof of ownership 1deemed acceptable by the commission1 when transferring ownership or selling a snowmobile, all-terrain vehicle, or dirt bike. The owner shall pay the regular fee for the particular snowmobile [or] , all-terrain vehicle, or dirt bike involved.  The owner of any registration certificate issued under this section may obtain a duplicate from the [division] commission upon application and payment of the fee prescribed.

(cf:  P.L.1985, c.375, s.6)

 

     1[5.] 6.1  Section 6 of P.L.1973, c.307 (C.39:3C-6) is amended to read as follows:

     6.  a.  [No registration shall be required for a snowmobile or all-terrain vehicle operated on private property] Any snowmobile, all-terrain vehicle, or dirt bike solely operated for use on a farm shall be exempt from the registration and numbering requirements of P.L.1973, c.307 (C.39:3C-1 et seq.).  

     b.  No registration fee shall be charged for a snowmobile [or] , all-terrain vehicle, or dirt bike owned by the federal government, the State, county or municipal government or subdivision thereof.

(cf:  P.L.1985, c.375, s.7) 

 

     1[6.] 7.1  Section 7 of P.L.1973, c.307 (C.39:3C-7) is amended to read as follows:

     7.  The registration provisions of [this act] P.L.1973, c.307 (C.39:3C-1 et seq.) shall not apply to nonresident owners who have complied with the registration and licensing laws of the state or country of residence, provided that the snowmobile [or] , all-terrain vehicle , or dirt bike is appropriately identified in accordance with the laws of the state or country of residence and conspicuously displays the [registration] number issued by the state or country of residence.  Nothing in this section shall be construed to authorize the operation of any snowmobile [or] , all-terrain vehicle , or dirt bike contrary to the provisions of [this act] P.L.1973, c.307 (C.39:3C-1 et seq.).

(cf:  P.L.1985, c.375, s.8)

 

     1[7.]  8.1  Section 8 of P.L.1973, c.307 (C.39:3C-8) is amended to read as follows:

     8.  The [registration] number assigned to a snowmobile [or] , all-terrain vehicle, or dirt bike and required to be displayed pursuant  2to section 3 of2  P.L.1973, c.307 (C.39:3C-3) shall be displayed on the [vehicle] snowmobile, all-terrain vehicle, or dirt bike at all times in such manner as the [director] chief administrator may, by regulation, prescribe.  No number other than the number assigned by the [director] chief administrator, or [the] a comparable identification number of the [registration] snowmobile, all-terrain vehicle, or dirt bike properly registered in another state, shall be painted, attached, or otherwise displayed on either side of the cowling, except that racing numbers on a snowmobile [or], all-terrain vehicle, or dirt bike being operated in prearranged organized special events may be temporarily displayed for the duration of the race.

(cf:  P.L.1985, c.375, s.9)

 

     1[8.] 9.1  Section 9 of P.L.1973, c.307 (C.39:3C-9) is amended to read as follows:

     9.  a.  Every person operating a snowmobile [or], all-terrain vehicle, or dirt bike registered or transferred in accordance with any of the provisions of [this act] P.L.1973, c.307 (C.39:3C-1 et seq.) shall, upon demand of any [peace officer,] law enforcement officer, duly authorized [official of the Department of Environmental Protection] conservation officer of the Division of Fish and Wildlife or park police officer or law enforcement operation officer of the Division of Parks and Forestry within the Department of Environmental Protection, or [a] any other police officer, produce for inspection the certificate of registration and shall furnish to [such] the officer any information necessary for the identification of [such] the snowmobile [or] , all-terrain vehicle, or dirt bike and its owner.  The failure to produce the certificate of registration when operating a snowmobile [or] , all-terrain vehicle, or dirt bike on public lands and waters, or when crossing a public highway, shall be presumptive evidence in any court of competent jurisdiction of operating a snowmobile [or] , all-terrain vehicle, or dirt bike which is not registered as required by [this act] P.L.1973, c.307 (C.39:3C-1 et seq.).

     b.  A person less than 18 years of age who operates [an] a  snowmobile, all-terrain vehicle , or a dirt bike which is registered in this State shall produce upon demand a certificate indicating that person's successful completion of [an all-terrain vehicle] a safety education and training course established or certified by the [director] 1[chief administrator] commissioner1 in accordance with section 15 of P.L.1973, c.307 (C.39:3C-15).  The failure to produce the certificate when operating [an] a snowmobile, all-terrain vehicle , or dirt bike on public lands or waters, or when crossing a public highway, shall be presumptive evidence in any court of competent jurisdiction of the operation of the 1snowmobile,1 all-terrain vehicle 1, or dirt bike1 in violation of the requirement in subsection c. of section 16 of P.L.1973, c.307 (C.39:3C-16). 

(cf:  P.L.1991, c.322, s.2) 

    

     110.  Section 10 of P.L.1973, c.307 (C.39:3C-10) is amended to read as follows:

     10.  a.  It shall be the duty of every owner holding a certificate of registration to notify the commission, in writing, of any change of residence of such person within [seven days] one week after the change occurs.

     b.    The chief administrator shall establish a public awareness campaign to inform the general public about the importance of maintaining a current address with the commission.1

(cf:  P.L.2007, c.281, s.1)

 

     1[9.] 11.1  Section 11 of P.L.1973, c.307 (C.39:3C-11) is amended to read as follows:

     11.  [Whenever]  In accordance with the provisions of P.L.1973, c.307 (C.39:3C-1 et seq.), whenever 1[the ownership of a snowmobile [or] , all-terrain vehicle, or dirt bike is transferred , or the use for which a registration certificate has already been issued is discontinued, the old registration certificate shall be properly signed and executed by the owner, showing that the ownership of the snowmobile [or], all-terrain vehicle, or dirt bike has been transferred or its use discontinued, and returned to the [division] commission within 10 days after transfer or discontinuance.  If]1 there is a change of ownership for which a registration certificate has previously been issued, the new owner shall apply for a new certificate.  1[He] The new owner1 shall set forth the original number issued in the application accompanied by the old registration 1[properly signed by the previous owner], if available,1 and with the required fee submitted to the [division] commission, for registration.  The 1new1 owner shall demonstrate to the commission a notarized bill of sale, assignable certificate of origin, or other formal proof of ownership 1deemed acceptable by the commission1 when transferring ownership or selling a snowmobile, all-terrain vehicle, or dirt bike.

(cf:  P.L.1985, c.375, s.11)

 

     1[10.] 12.1  Section 12 of P.L.1973, c.307 (C.39:3C-12) is amended to read as follows:

     12.  It shall be the duty of every owner of a snowmobile [or] , all-terrain vehicle, or dirt bike registered pursuant to [this act] P.L.1973, c.307 (C.39:3C-1 et seq.) to notify the [division] commission, in writing, of the destruction, theft, or permanent removal of [such] the snowmobile, all-terrain vehicle, or dirt bike from the State, 1to surrender the certificate of registration1 within 10 days 1[thereafter; and]1 in the event of the destruction 1[or] ,1 theft 1, or permanent removal1 of [such] the snowmobile, all-terrain vehicle, or dirt bike1[, shall surrender the certificate of registration [with such] within the notice period prescribed by this section] from the State1.

(cf:  P.L.1985, c.375, s.12)

 

     1[11.] 13.1  Section 13 of P.L.1973, c.307 (C.39:3C-13) is amended to read as follows:

     13.  No political subdivision of the State shall require additional licensing or registration of snowmobiles [or], all-terrain vehicles, or dirt bikes which are covered by the provisions of [this act] P.L.1973, c.307 (C.39:3C-1 et seq.).

     Nothing herein shall [however] prohibit the requirement of a permit by State or local parks for use of snowmobiles , all-terrain vehicles, or dirt bikes on park lands or in any way affect the authority of the Department of Environmental Protection, the commissioner thereof, or those responsible for the operation of a park from adopting rules and regulations concerning the use of snowmobiles [and] , all-terrain vehicles, and dirt bikes

(cf: P.L.1985, c.375, s.13) 

 

     1[12.] 14.1 Section 14 of P.L.1973, c.307 (C.39:3C-14) is amended to read as follows: 

     14.  The commissioner, with a view towards minimizing detrimental effects on the environment and protecting public safety, shall adopt rules and regulations relating to and including, but not limited to, the following: 

     a.  Use of snowmobiles [and], all-terrain vehicles, and dirt bikes, insofar as fish, wildlife, and plantlife resources , and public safety are affected; 

     b.  Use of snowmobiles [and], all-terrain vehicles, and dirt bikes on public lands and waters under the jurisdiction of the Department of Environmental Protection 3; and

     c.     Use of snowmobiles, all-terrain vehicles, and dirt bikes at three sites on State-owned land pursuant to section 38 of P.L.    , c.   (C.          ) (pending before the Legislature as this bill)3

     The commissioner may locate, designate, and make available by the effective date of [this act] 2[P.L.1973, c.307 (C.39:3C-1 et seq.) ] P.L.1991, c.3222 appropriate areas of public lands upon which snowmobile, all-terrain vehicle , and dirt bike safety education and training programs established or certified by the [Director of the Division of Motor Vehicles] 1[chief administrator] commissioner1 in accordance with section 15 of P.L.1973, c.307 (C.39:3C-15) may be conducted.  The commissioner shall report to the Legislature and the Governor within one year after the effective date of [this act] 2[P.L.1973, c.307 (C.39:3C-1 et seq.)] P.L.1991, c.3222 on the size and location of the public lands located, designated, and made available; on the frequency of the use, or the estimated frequency of use, of these public lands for safety education and training programs; and the environmental impact of this use on the lands. 

(cf:  P.L.1991, c.322, s.3) 

 

     1[13.] 15.1  Section 15 of P.L.1973, c.307 (C.39:3C-15) is amended to read as follows: 

     15. The [Director of the Division of Motor Vehicles] 1[chief administrator shall] commissioner may1 adopt rules and regulations relating to and including, but not limited to: 

     a.  1[Specifications relating to equipment required for safety as provided herein] (Deleted by amendment, P.L.    , c.   ) (pending before the Legislature as this bill)1 .

     b.  Establishment of a comprehensive snowmobile  [and] , all-terrain vehicle, and dirt bike information and safety education and training program. 

     c.  1[The regulations pertaining to and the granting] Granting1 of permits for the conduct of all prearranged special events as provided in [this act] P.L.1973, c.307 (C.39:3C-1 et seq.), 1[except that in the case of]  including1 those 1permits necessary for1 special events conducted on public lands and waters under the jurisdiction of the Department of Environmental Protection 1[any regulations must be approved jointly by the [director] chief administrator and] the commissioner]1

     In accordance with the requirement in [paragraph] subsection b. of this section, the [director] 1[chief administrator] commissioner1 shall 1[establish an all-terrain vehicle safety education and training program to be offered by the [division] commission, or shall]1 certify 1[other] snowmobile,1 all-terrain vehicle 1, and dirt bike1 safety education and training programs to be offered by public or private agencies or organizations, the successful completion of which shall satisfy the training requirements in subsection c. of section 16 of P.L.1973, c.307 (C.39:3C-16).  A person less than 16 years of age participating in an all-terrain vehicle safety education and training course established or certified by the [director] 1[chief administrator] commissioner1 shall operate during the training only an all-terrain vehicle with an engine capacity of 90 cubic centimeters or less. 

(cf:  P.L.1991, c.322, s.4) 

 

     1[14.] 16.1  Section 16 of P.L.1973, c.307 (C.39:3C-16) is amended to read as follows:

     16.  a.  A person under the age of 14 years shall not operate or be permitted to operate any snowmobile [or] , all-terrain vehicle, or dirt bike on public lands or waters or across a public highway. 

     b.  A person less than 16 years of age shall not operate on public lands or waters or across a public highway of this State an all-terrain vehicle with an engine capacity greater than 90 cubic centimeters. 

     c.  A person less than 18 years of age shall not operate [an] a snowmobile, all-terrain vehicle , or dirt bike registered in this State on public lands or waters or across a public highway of this State unless the person has completed [an all-terrain vehicle] a safety education and training course established or certified by the [director] 1[chief administrator] commissioner1 pursuant to section 15 of P.L.1973, c.307 (C.39:3C-15).  At all times during the operation of the snowmobile, all-terrain vehicle , or dirt bike the person shall [have in his possession] possess a certificate indicating successful completion of the course.

(cf:  P.L.1991, c.322, s.5) 

 

     1[15.] 17.1  Section 17 of P.L.1973, c.307 (C.39:3C-17) is amended as follows:

     17.  a.  No person shall operate a snowmobile [or], all-terrain vehicle, or dirt bike upon limited access highways or within the right-of-way limits thereof.

     b.  No person shall operate a snowmobile [or] , all-terrain vehicle, or dirt bike upon the main traveled portion or the plowed snowbanks of any public street or highway or within the right-of-way limits thereof except as follows:

     (1)  Properly registered snowmobiles [or], all-terrain vehicles, and dirt bikes may cross, as directly as possible, public streets or highways, except limited access highways, provided that such crossing can be made in safety and that it does not interfere with the free movement of vehicular traffic approaching from either direction on [such] the public street or highway.  Prior to making any such crossing, the operator shall bring the snowmobile [or], all-terrain vehicle, or dirt bike to a complete stop.  It shall be the responsibility of the operator of a snowmobile [or], all-terrain vehicle, or dirt bike to yield the right-of-way to all vehicular traffic upon any public street or highway before crossing [same] the public street or highway.

     (2)  Whenever it is impracticable to gain immediate access to an area adjacent to a public highway where a snowmobile [or], all-terrain vehicle, or dirt bike is to be operated, [it] the snowmobile, all-terrain vehicle, or dirt bike may be operated adjacent and parallel to [such] the public highway for the purpose of gaining access to the area of operation.  This subsection shall apply to the operation of a snowmobile [or] , all-terrain vehicle, or dirt bike from the point where [it] the snowmobile, all-terrain vehicle, or dirt bike is unloaded from a motorized conveyance to the area where it is to be operated, or from the area where operated to a motorized conveyance, when [such] the loading or unloading cannot be effected in the immediate vicinity of the area  of operation without causing a hazard to vehicular traffic approaching from either direction on [said] the public highway. [Such] The loading or unloading must be accomplished with due regard to safety, at the nearest possible point to the area of operation.

(cf: P.L.1985, c.375, s.17)

 

     1[16.] 18.1  Section 18 of P.l.1973, c.307 (C.39:3C-18) is amended to read as follows: 

     18.  a.  No person shall operate a snowmobile [or] , all-terrain vehicle, or dirt bike on the property of another without receiving the consent of the owner of the property and the person who has a contractual right to the use of [such] the property. 

     b.  No person shall continue to operate a snowmobile [or], all-terrain vehicle, or dirt bike on the property of another after consent, as provided in subsection a. above, has been withdrawn. 

     c.  No owner of real property and no person or entity having a contractual right to the use of real property, no matter where [such] the property is situate in this State, shall assume responsibility or incur liability for any injury or damage to an owner, operator, or occupant of a snowmobile [or], all terrain vehicle, or dirt bike [where such] if the injury or damage occurs during, or arises out of the operation or use of [such] , the snowmobile, all-terrain vehicle, or dirt bike unless: (1) the operation or use is with the express consent of the owner and contractual user of the property , and (2) the provisions of P.L.1968, c.73 (C.2A:42A-2 et seq.) or P.L.1985, c.431 (C.2A:42A-6 et seq.) do not limit liability.  This subsection shall not limit the liability which would otherwise exist for the willful or malicious creation of a hazardous condition. 

(cf:  P.L.1991, c.496, s.8) 

 

     1[17.] 19.1  Section 19 of P.L.1973, c.307 (C.39:3C-19) is amended to read as follows:

     19.  It shall be unlawful for:

     a.  Any person to operate or ride as a passenger on any snowmobile [or] , all-terrain vehicle, or dirt bike without wearing a protective helmet approved by the [director] chief administrator.  Any [such] helmet shall be of a type acceptable for use in conjunction with motorcycles as provided in sections 6 to 9 of P.L.1967, c.237 (C.39:3-76.7 through 39:3-76.10).

     b.  Any person to operate a snowmobile [or], all-terrain vehicle, or dirt bike that is not equipped with working headlights, taillights, brakes, and proper mufflers as supplied by the motor manufacturer for the particular model, without modifications, nor shall any person operate any snowmobile [or], all-terrain vehicle, or dirt bike in [such a] any manner as to cause a harsh, objectionable, or unreasonable noise.

     c.  Any person to operate a snowmobile [or] , all-terrain vehicle, or dirt bike at any time and in any manner intended or reasonably to be expected to harass, drive, or pursue any wildlife.

     d.  Any person to operate any snowmobile [or], all-terrain vehicle, or dirt bike during the  hours from 1/2 hour before sunset to 1/2 hour after sunrise without having lighted headlights and lighted taillights.

     e.  Any person to operate any snowmobile [or], all-terrain vehicle, or dirt bike on the land of another without first securing the permission of the landowner or [his] the landowner’s duly  authorized representative.

     f.  Any person to operate a snowmobile [or] , all-terrain vehicle, or dirt bike upon railroad or right-of-way of an operating railroad, except railroad personnel in the performance of their duties.

     g.  Any person to violate any provision of [this act] P.L.1973, c.307 (C.39:3C-1 et seq.) or any rule or regulation adopted pursuant to [this act] P.L.1973, c.307 (C.39:3C-1 et seq.).

(cf:  P.L.1985, c.375, s.19)


     1[18.] 20.1  Section 20 of P.L.1973, c.307 (C.39:3C-20) is amended to read as follows:

     20.  a.  No snowmobile [or] , all-terrain vehicle, or dirt bike shall be operated or permitted to be operated unless the owner thereof has obtained a policy of insurance, in such language and form as shall be determined by the Commissioner of [the Department of] Banking and Insurance, from an insurance carrier authorized to do business in this State, the terms of which policy shall indemnify an amount or limit of [$15,000.00] $15,000, exclusive of interest and costs, on account of injury to, or death of, one person, in any one accident; and an amount or limit, subject to such limit for any one person so injured, or killed, of [$30,000.00] $30,000, exclusive of interest and costs, on account of injury to or death of, more than one person, in any one accident; and an amount or limit of [$5,000.00] $5,000, exclusive of interest and costs, for damage to property in any one accident, for damages arising out of the negligent operation of [said] the snowmobile [or] , all-terrain vehicle, or dirt bike.  In lieu of [such] the insurance coverage as hereinabove provided, the [director] chief administrator, in [his] the chief administrator’s discretion and upon application of the State or a municipality having registered in its name one or more snowmobiles [or] , all-terrain vehicles, or dirt bikes, may waive the requirement of insurance by a private insurance carrier and issue a certificate of self-insurance, when [he] the chief administrator is satisfied of financial ability to  respond to judgments obtained against it or them, arising out of the ownership, use or operation of the snowmobiles [or] , all-terrain vehicles, or dirt bikes.

     b.  Proof of insurance as hereinabove required shall be produced and displayed by the owner or operator of [such] the snowmobile [or] , all-terrain vehicle, or dirt bike upon request to any law enforcement officer or to any person who has suffered or claims to have suffered either personal injury or property damage as a result of the operation of [it] the snowmobile, all-terrain vehicle, or dirt bike by the owner or operator.

     c.  An owner of a snowmobile [or] , all-terrain vehicle, or dirt bike who shall operate or permit the [same] the snowmobile, all-terrain vehicle, or dirt bike to be operated without having in effect the required liability insurance coverage, and any other person who shall operate any snowmobile [or] , all-terrain vehicle, or dirt bike with the knowledge that the owner thereof does not have in effect [such] the insurance coverage shall be guilty of a violation of 2[this act] P.L.1973, c.307 (C.39:3C-1 et seq.)2 and be subject to a fine of not less than [$25.00] $25 nor more than [$100.00] $100.

     d.  The [director] chief administrator is hereby authorized to promulgate reasonable regulations to provide effective administration and enforcement of the provisions of this section in accordance with the purposes thereof.

(cf:  P.L.1985, c.375, s.20)

 

     1[19.] 21.1  Section 21 of P.L.1973, c.307 (C.39:3C-21) is amended to read as follows:

     21.  The operator of any snowmobile [or] , all-terrain vehicle, or 2[dirtbike] dirt bike2 involved in an accident resulting in injuries or death of any person or property damage shall comply with the procedures in R.S. 39:4-129 and R.S. 39:4-130.

(cf:  P.L.1985, c.375, s.21) 

 

     1[20.] 22.1  Section 22 of P.L.1973, c.307 (C.39:3C-22) is amended to read as follows:

     22.  The [director] 1[chief administrator] commissioner1 may authorize the holding of organized special events.  [He] The 1[chief administrator] commissioner1 shall adopt and may, from time to time, amend rules and regulations determining the special events which shall be subject to [division] a permit and designating the equipment and facilities necessary for safe operation of snowmobiles [and] , all-terrain vehicles, and dirt bikes and for the safety of operators, participants, and observers in such special events.  Whenever [such] a special event requiring 1[permit] authorization1 of the [division] 1[commission] department1 is proposed to be held in the State of New Jersey, the person in charge thereof shall, at least 1[20]  901 days prior thereto, file an application with the [director] 1[chief administrator] commissioner1 to hold [such] the special event. The application shall set forth the date of and location where it is proposed to hold [such] the rally, race, exhibition, or organized event, and [such] any other information as the [director] 1[chief administrator] commissioner1 may require, and it shall not be conducted without written authorization of the [director] 1[chief administrator and, if the event is desired to be held upon public lands or waters, a written authorization of the]1 commissioner. Copies of such regulations shall be furnished by the [division] 1[chief administrator] commissioner1 to any person making an application therefor.

     Any person sponsoring the event who shall violate any regulation adopted pursuant to this section shall for every [such] violation be subject to a fine not to exceed [$250.00] $250.

(cf:  P.L.1985, c.375, s.22)

 

     1[21.] 23.1  Section 23 of P.L.1973, c.307 (C.39:3C-23) is amended to read as follows: 

     23.  Snowmobiles [and] , all-terrain vehicles, and dirt bikes operated at special events shall be exempt from the provisions of this chapter concerning registration and lights during the time of [such] operation of the special event, including all prerace practice at the location of the meet.  In addition,  snowmobiles, all-terrain vehicles , and dirt bikes operated at special events shall be exempt from the provisions of subsection c. of section 16 of P.L.1973, c.307 (C.39:3C-16) and subsection b. of section 9 of P.L.1973, c.307 (C.39:3C-9); however, subsection b. of section 16 of P.L.1973, c.307 (C.39:3C-16) shall apply to persons operating [all terrain] snowmobiles, all-terrain vehicles , and dirt bikes at special events and prerace practice. 

(cf:  P.L.1991, c.322, s.6)

 

     1[22.] 24.1  Section 24 of P.L.1973, c.307 (C.39:3C-24) is amended to read as follows:

     24.  All snowmobiles [and] , all-terrain vehicles, and dirt bikes operating within the State of New Jersey shall be equipped with:

     a.  Headlights.  At least one white or amber headlamp having a minimum candlepower of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during hours of darkness under normal atmospheric conditions.

     b.  Taillights.  At least one red taillamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions.

     c.  Brakes.  A brake system in good mechanical condition.

     d.  Reflector [materiaL] material.  Reflector material of a minimum area of 16 square inches mounted on each side of the cowling.  Registration numbers or other decorative material may be included in computing the required 16-square-inch area.

     e.  Mufflers.  An adequate muffler system in good working condition.

(cf:  P.L.1985, c.375, s.24)

 

     1[23.] 25.1 Section 25 of P.L.1973, c.307 (C.39:3C-25) is amended to read as follows:

     25.  The [director] chief administrator may adopt rules and regulations with respect to the inspection of snowmobiles [and] ,  all-terrain vehicles, and dirt bikes and the testing of mufflers for those  vehicles.

(cf:  P.L.1985, c.375, s.25)

 

     1[24.] 26.1  Section 26 of P.L.1973, c.307 (C.39:3C-26) is amended to read as follows:

     26.  a.  No person shall have for sale, sell, or offer for sale in this State any snowmobile [or] , all-terrain vehicle, or dirt bike which fails to comply with the provisions of [this act] P.L.1973, c.307 (C.39:3C-1 et seq.) or which does not comply with the specifications for [such] the equipment required by the rules and regulations of the [director] commission, after the effective date of such rules and regulations. 

     b.  A person shall not knowingly sell or offer to sell an all-terrain vehicle with an engine capacity of greater than 90 cubic centimeters for use by a person less than 16 years of age. 

     c.  Retail dealers and distributors of all-terrain vehicles shall comply with those requirements of the consent decree entered into by all-terrain vehicle distributors and the United States Consumer Product Safety Commission on April 28, 1988 which require the providing of safety information on all-terrain vehicles to either the purchasers or retail dealers of [such] all-terrain vehicles, as appropriate. 

(cf:  P.L.1991, c.322, s.7) 

 

     1[25.] 27.1  Section 27 of P.L.1973, c.307 (C.39:3C-27) is amended to read as follows:

     27.  Every law enforcement officer in the State, including any authorized [officers of  the Division of Motor Vehicles] officer of the commission, conservation officers of the Division of Fish and Wildlife, and park police officers and law enforcement operation officers of the Division of Parks and Forestry within the  Department of Environmental Protection, [forest  rangers and State park police] , and other designated officers and employees of  the department shall enforce [this act] P.L.1973, c.307 (C.39:3C-1 et seq.) within their respective jurisdictions.

(cf:  P.L.1973, c.307, s.27)

 

     1[26.] 28.1  Section 28 of P.L.1973, c.307 (C.39:3C-28) is amended to read as follows:

     28.  Any person who shall violate any [provisions] provision of [this act] P.L.1973, c.307 (C.39:3C-1 et seq.), if no other penalty is specifically provided, or any rule or regulation promulgated pursuant to [this act] P.L.1973, c.307 (C.39:3C-1 et seq.) shall be punished by a fine of not less than [$100 or] $250 nor more than [$200] $500.  For a second or subsequent violation of section 26 of P.L.1973, c.307 (C.39:3C-26), a fine of not less than [$200 or] $500 nor more than [$500] $1,000 shall be imposed. 

(cf:  P.L.1991, c.322, s.8) 

 

     1[27.] 29.1 Section 29 of P.L.1973, c.307 (C.39:3C-29) is amended to read as follows: 

     29.  The [director] chief administrator shall deposit in the “Off-Road 2[1Recreational1]2 Vehicle 2Recreational2 Fund,” established pursuant to section 1[29] 311 of P.L.    ,  c.    (C.      ) (pending before the Legislature as this bill) all moneys received by [him from] the chief administrator from the additional 1[$5] $101 payment required to be made at the time of registration of snowmobiles [and] , all-terrain vehicles, and dirt bikes [, the sale of registration information, publications, and other services provided by the department and all fees collected by him under this act to the credit of the General Treasury, except that $5 of a registration fee paid by a resident or nonresident of this State shall be allocated to the division to defray the cost of providing all-terrain vehicle safety education and training manuals or all-terrain vehicle safety education and training programs] in accordance with [section 15 of P.L.1973, c.307 (C.39:3C-15), or both] subsection f. of section 3 of P.L.1973, c.307 (C.39:3C-3)

(cf:  P.L.1991, c.322, s.10)

 

     1[28.] 30.1  Section 30 of P.L.1973, c.307 (C.39:3C-30) is amended to read as follows:

     30.  Owners and operators of snowmobiles [and] , all-terrain vehicles, and dirt bikes shall, when operating such across a public highway or on public land or waters, comply with the following provisions of chapter 4 of Title 39 of the Revised Statutes: R.S.39:4-48 through R.S.39:4-51; R.S.39:4-64; R.S.39:4-72; R.S.39:4-80; R.S.39:4-81; R.S.39:4-92; R.S.39:4-96 through R.S.39:4-98; R.S.39:4-99; R.S.39:4-100; R.S.39:4-104; R.S.39:4-129 through R.S.39:4-134; R.S.39:4-203.  [The failure to comply with any of these provisions shall be a violation of this act and the penalty for such a violation shall be provided in section 28 of P.L.1973, c.307 (C.39:3C-28) rather than the penalty provided in the sections cited above.]

(cf:  P.L.1985, c.375, s.28)

 

     1[29.] 31.1  (New section)  a.  There is established in the General Fund a separate, non-lapsing, dedicated account to be known as the "Off-Road Vehicle 1Recreational1 Fund," hereinafter referred to as "the fund."  Notwithstanding any provision of law to the contrary, each fiscal year the State Treasurer shall credit the revenue collected pursuant to subsection f. of section 3 of P.L.1973, c.307 (C.39:3C-3) into the fund.  Each fiscal year, the State Treasurer shall allocate the monies contained in the fund to the Department of Environmental Protection. Each fiscal year, the State Treasurer shall credit all earnings received from the investment or deposit of revenue in the fund, to the fund. All revenues and earnings deposited in the fund shall be appropriated in the same fiscal year to the department.

     b. The monies credited to the fund shall be used by the Department of Environmental Protection for designating and maintaining 2[a site] sites2 in the State for the use of snowmobiles, all-terrain vehicles, and dirt bikes; 2[the site] sites2 shall be designated and shall be maintained in a manner that, to the greatest possible extent, mitigates any detrimental effects on the environment and protects public safety.

 

     1[30.] 32.1  (New section)  As used in sections 1[31] 331 and 1[32] 341 of P.L.     , c.     (C.       ) (pending before the Legislature as this bill):

     “Off-road vehicle” means any motorized vehicle with two or more wheels or tracks that is capable of being operated off of regularly improved and maintained roads including, but not limited to, motorcycles as defined in R.S.39:1-1, snowmobiles and all-terrain vehicles, and dirt bikes as defined in section 5 of P.L.1991, c.496 (C.2A:42A-6.1).

     “Public land” means all land owned, operated, managed,  or maintained 1[by]1, or under the jurisdiction of 2[,]2 the Department of Environmental Protection, including any and all land owned, operated, managed, maintained, or purchased jointly by the Department of Environmental Protection with any other party and any land so designated by municipal or county ordinance.  Public land shall also mean any land used for conservation purposes, including, but not limited to, beaches, forests, greenways, natural areas, water resources, wildlife preserves, 2[and]2 land used for watershed protection, or biological or ecological studies 2, and land exempted from taxation pursuant to section 2 of P.L.1974, c.167 (C.54:4-3.64)2.

     “Vehicle” means every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or motorized bicycles.

 

     1[31.] 33.1  (New section)  Any person who operates any vehicle or off-road vehicle on public lands in violation of P.L.1973, c.307 (C:39:3C-1 et seq.) or in violation of any law, rule, or regulation adopted pursuant thereto shall be subject to:

     a.  For a first offense, a fine of not less than $250 nor more than $500. 

     b.  For a second offense, a fine of not less than $500 nor more than $1,000. 

     c.  For a third or subsequent offense, a fine of not less than $1,000. 

     d.  For any offense on public lands in which the use of a vehicle is found responsible for damage to or destruction of natural resources valued in excess of $100, a fine of five times the amount, as determined by the Department of Environmental Protection, of restoration and replacement, where possible, of any natural resource damaged or destroyed by the use of the vehicle.  If a person at the time of the imposition of the sentence is less than 17 years of age, the owner of the vehicle shall be liable for the fine of five times the amount, as determined by the Department of Environmental Protection, of restoration and replacement, where possible, of any natural resource damaged or destroyed by the use of the vehicle.

 

     1[32.]  34.1  (New section)  a.  In addition to the fines set forth in section 1[31] 331 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), any vehicle or off-road vehicle operated on public lands in violation of P.L.1973, c.307 (C.39:3C-1 et seq.), may be  impounded by the law enforcing agency and held until the payment of the fee required pursuant to 2[subsections] subsection2 b. or c. of this section, as appropriate.

     The prosecutor may waive the requirements of subsections b. and c. of this section for the owner of the vehicle or off-road vehicle if the owner is not a defendant in the case and did not know, or reasonably could not have known, that the vehicle or off-road vehicle would be used in violation of P.L.1973, c.307 (C.39:3C-1 et seq.), or any law, or rule or regulation adopted pursuant thereto, concerning the operation of vehicles or off-road vehicles on public lands.

     b.  (1)  For a first offense, the vehicle or off-road vehicle may be impounded for not less than 48 hours and shall be released to the registered owner upon proof of registration and insurance as applicable to the type of vehicle or off-road vehicle and payment of a fee of $500 2[payable]2 to the Department of Environmental Protection, plus reasonable towing and storage costs.

     (2)  For a second offense, the vehicle or off-road vehicle may be impounded for not less than 96 hours and shall be released to the registered owner upon proof of registration and insurance as applicable to the type of vehicle or off-road vehicle and payment of a fee of $750 2[payable]2 to the Department of Environmental Protection, plus reasonable towing and storage costs.

     (3)  For a third or subsequent offense, the vehicle or off-road vehicle impounded 2[in the violation]2 may be forfeited and sold at auction and the registered owner shall be responsible for 2[a]2 payment of a fee of $1,000 2[payable]2 to the Department of Environmental Protection, plus reasonable towing and storage costs.

     c.  (1)  If the owner fails to claim the impounded vehicle or off-road vehicle, and the fee required pursuant to subsection b. of this section has not been paid, by noon of the 30th day following the date of conviction, the vehicle or off-road vehicle may be sold at auction.  Notice of the sale shall be given by the impounding entity by certified mail to the owner of the vehicle or off-road vehicle, if the owner's name and address are known, and to the holder of any security interest filed with the chief administrator of the New Jersey Motor Vehicle Commission, and by publication in a form prescribed by the chief administrator by one insertion, at least five days before the date of the sale, in one or more newspapers published in the State and circulating in the municipality in which the vehicle or off-road vehicle is impounded.

     (2)  At any time prior to the sale, the owner or other person entitled to the vehicle or off-road vehicle may reclaim possession upon (a) showing proof of registration and insurance as applicable to the vehicle or off-road vehicle, (b) payment of the required fee, (c) payment of reasonable towing and storage costs, and (d) payment of all outstanding fees and costs associated with the impoundment.

     The owner-lessor of an impounded vehicle or off-road vehicle  shall be entitled to reclaim possession and the lessee shall be liable for all outstanding fines and restitution and fees and costs associated with the impoundment, towing and storage of the vehicle or off-road vehicle.

     d.  Any proceeds obtained from the sale of a vehicle or off-road vehicle at public auction pursuant to subsection c. of this section in excess of the amount owed to the impounding entity for the reasonable costs of towing and storage and any fees or other costs associated with the impoundment of the vehicle or off-road vehicle shall be returned to the owner of that vehicle or off-road vehicle, if the owner’s name and address are known.  If the owner's name and address are unknown or such person or entity cannot be located, the net proceeds shall be administered in accordance with the "Uniform Unclaimed Property Act," R.S.46:30B-1 et seq.2[.]2

     e.  (1) Whenever a vehicle or off-road vehicle is subject to forfeiture pursuant to paragraph (3) of subsection b. of this section, the forfeiture may be enforced by a civil action, instituted within 90 days of the impoundment and commenced by the State against the property sought to be forfeited.  The complaint for forfeiture shall be verified on oath or affirmation.  It shall describe with reasonable accuracy the vehicle or off-road vehicle that is subject to the forfeiture action.  The complaint shall contain all allegations setting forth the reason for forfeiture.

     (2)  Notice of the action shall be given to any person known to have property interest in the vehicle or off-road vehicle and the notice requirements of the Rules of Court for an in rem action shall be followed. The claimant of the vehicle or off-road vehicle that is subject to action under this subsection shall file and serve the claim in the form of an answer in accordance with the Rules of Court.  The answer shall be verified on oath or affirmation and state the interest in the property by virtue of which the claimant demands its restitution and the right to defend the action.  If the claim is made on behalf of the person entitled to possession by an agent or attorney, it shall state that the agent or attorney is duly authorized to make the claim.  If no answer is filed and served within the applicable time, the property seized shall be disposed of pursuant to N.J.S.2C:64-6 and N.J.S.2C:64-7.

 

     335.  Section 3 of P.L.1983, c.324 (C.13:1L-3) is amended to read as follows:

     3.    For the purposes of this act:

     [a.]  “All-terrain vehicle” means the same as the term is defined pursuant to section 1 of P.L.1973, c.307 (C.39:3C-1).

     “Commissioner” means the Commissioner of Environmental Protection.

     “Department” means the Department of Environmental Protection.

     “Dirt bike” means any two-wheeled motorcycle that is designed and manufactured for off-road use only and that does not comply with Federal Motor Vehicle Safety Standards or United States Environmental Protection Agency on-road emissions standards.

     [b.]  “Forest resources” means those renewable products and reusable resources of all forest lands in the State, including but not limited to trees, timber, shrubs, and other vegetation, and the value of forest lands relating to recreation, wilderness appreciation, aesthetic appeal, and soil fertility.

     [c.]  “Green Acres program” means the program for the purchase of land for recreation and conservation purposes pursuant to P.L.1961, c.45 (C. 13:8A-1 et seq.), P.L.1971, c.419 (C. 13:8A-19 et seq.), [and] P.L.1975, c.155 (C. 13:8A-35 et seq.) , any Green Acres bond act, and P.L.1999, c.152 (C.13:8C-1 et seq.) .

     [d.]  “Recreational activities” includes, but is not limited to, fresh and salt water swimming, water skiing, boating and fishing, ice skating, snow skiing, camping, trail hiking, horseback riding, picnicking, bicycling, court and field games, track and field events, birdwatching, playground activities, and golf.

     “Snowmobile” means the same as the term is defined pursuant to section 1 of P.L.1973, c.307 (C.39:3C-1).

     [e.]  “State parks and forests” means all State owned or leased lands, waters and facilities administered by the Department of Environmental Protection, including, but not limited to, parks, forests, recreational areas, marinas, historic sites, burial sites, and natural areas, but not including wildlife management areas or reservoir lands.3

(cf:  P.L.1983, c.324, s.3)


     3[1[33.] 35.1] 36.3  Section 23 of P.L.1983, c.324 (C.13:1L-23) is amended to read as follows:

     23.  a.  If a person violates any provision of P.L.1983, c.324 (C.13:1L-1 et seq.), or any rule, regulation, or order adopted or issued pursuant thereto, the department may institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit and prevent the violation and the court may proceed in a summary manner.

     b.  A person who knowingly violates, or who solicits or employs any other person to violate, the provisions of subsection a. of section 10 of P.L.1983, c.324 (C.13:1L-10) shall be subject to the following penalties:  a fine of not less than $750 nor more than $1,500 for the first offense; a fine of not less than $1,500 nor more than $3,000 for the second offense; and a fine of not less than $3,000 nor more than $5,000 for any subsequent offense.

     Penalties assessed pursuant to this subsection shall be collected in a civil action by a summary proceeding.  Any vessel, vehicle or equipment used in the commission of the violation shall be subject to confiscation and forfeiture to the State, if warranted, as determined by the courts.  Further, in addition to any penalty provided pursuant to subsection a. of this section, restitution and damages may be ordered to compensate the State for the cost of remediating any violation of this section and for the value of any lost, damaged, or destroyed archaeological findings.  All fines, restitution payments, and damages collected shall be remitted to the department to be used for the preservation, remediation or protection of State archaeological sites.  Any archaeological findings obtained as a result of a violation of this section shall be subject to confiscation, forfeiture, and return to the State and, upon recovery, shall be deposited with the New Jersey State Museum.

     c.  Notwithstanding any provision of this section to the contrary, examination or retrieval of artifacts, or scientific research, conducted by a State department, agency, commission, authority or corporation otherwise required or permitted by federal or State law are exempt from the provisions of this section.

     d.  A person who violates any provision of P.L.1983, c.324 (C.13:1L-1 et seq.), or any rule, regulation, or order adopted or issued pursuant thereto, shall be liable to a civil penalty of not less than $50 nor more than $1,500, plus restitution if applicable, for each offense, except as otherwise provided under subsection b. of this section, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c. 274 (C.2A:58-10 et seq.) or in any case before a court of competent jurisdiction wherein injunctive relief has been requested, except that any violation involving any vehicle or off-road vehicle shall be subject to the provisions of sections 1[31] 331 and 1[32] 341 of P.L.    , c.     (C.        ) (pending before the Legislature as this bill).  The Superior Court and municipal courts shall have jurisdiction to hear and determine violations of P.L.1983, c.324 (C.13:1L-1 et seq.).  If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense.  If the violation results in pecuniary gain to the violator, or the violator willfully or wantonly causes injury or damage to property, including but not limited to natural resources, the violator shall be liable to an additional civil penalty equal to three times the value of the pecuniary gain or injury or damage to property.

     e.     Penalties assessed pursuant to this section shall be in addition to any other civil or criminal penalties that may be applicable pursuant to law.

     As used in this subsection, “vehicle” and "off-road vehicle" 1[means] have1 the 1[same as the] meanings prescribed for those respective1 terms 1[are defined]1 in section 1[30] 321 of P.L.    , c.     (C.        ) (pending before the Legislature as this bill).

(cf:  P.L.2005, c.330. s.1)

 

     3[1[34.] 36.1] 37.Section 1 of P.L.1954, c.38 (C.23:7-9) is amended to read as follows:

     1.  a. With respect to or on property under the control of the Division of Fish and Wildlife, no person may:

     (1) remove or disturb any vegetation, soil, water, minerals, or other property of the State;

     (2) litter, dump, or discard refuse of any kind;

     (3) cause injury or damage to any equipment, structure, building, or other property; or

     (4) use such property contrary to rules or regulations established by the division.

     b.  (1) If a person violates any provision of subsection a. of this section, the division may institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit and prevent the violation and the court may proceed in a summary manner.

     (2) (a) A person who violates any provision of subsection a. of this section shall be liable to a civil penalty of not less than $50 nor more than $1,500, plus restitution if applicable, for each offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) or in any case before a court of competent jurisdiction wherein injunctive relief has been requested , except that any violation involving a vehicle or off-road vehicle shall be subject to the provisions of sections 1[31] 331 and 1[32] 341 of P.L.    , c.     (C.        ) (pending before the Legislature as this bill) and any fees or fines collected thereunder shall be subject to the provisions of R.S.23:10-3.  The Superior Court and municipal courts shall have jurisdiction to hear and determine violations of subsection a. of this section.  If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense.  If the violation results in pecuniary gain to the violator, or the violator willfully or wantonly causes injury or damage to property, including but not limited to natural resources, the violator shall be liable to an additional civil penalty equal to three times the value of the pecuniary gain or injury or damage to property.

     As used in this subparagraph, “vehicle” and "off-road vehicle" shall have the 1[meaning] meanings1 prescribed for those 1respective1 terms in section 1[30] 321 of P.L. , c.     (C.        ) (pending before the Legislature as this bill).

     (b)  In addition, for each subsequent violation, all license certificates required, and all privileges, to take or possess wildlife shall be suspended for a period of five years.  A license certificate or privilege suspended pursuant to this subparagraph shall not be reinstated until the holder thereof has first completed, to the satisfaction of the Division of Fish and Wildlife, the approved remedial sportsmen education program established and conducted by the division pursuant to section 12 of P.L.1990, c.29 (C.23:3-22.3).

     (3)  Penalties assessed pursuant to this subsection shall be in addition to any other civil or criminal penalties that may be applicable pursuant to law.

(cf:  P.L.2005, c.330, s.2)

 

     338.  (New section)  a.  Within three years after the date of enactment of P.L.  , c. (C.   ) (pending before the Legislature as this bill), the Commissioner of Environmental Protection shall:

     (1)   designate and make available three sites on State-owned land for the use of snowmobiles, all-terrain vehicles, and dirt bikes, one each in the northern, central, and southern part of the State; and

     (2)   adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations governing the use of the sites designated pursuant to paragraph (1) of this subsection.  These rules and regulations shall seek to minimize any detrimental effects on the environment that may be caused by snowmobiles, all-terrain vehicles, and dirt bikes, and shall protect public safety.

     b.    In designating the sites for the use of snowmobiles, all-terrain vehicles, and dirt bikes pursuant to subsection a. of this section, the commissioner shall determine the most suitable location for the sites.  The preferred location shall be on lands that are not State parks and forests, wildlife management areas, or reservoir lands.  The commissioner shall consider:  impacts to wildlife, biota, natural resources and forest resources, and water quality; the potential impacts on other authorized recreational activities that occur within State parks and forests, wildlife management areas, and reservoir lands; and public safety.

     c.     The sites designated pursuant to subsection a. of this section may be the same  sites as the commissioner may designate pursuant to section 14 of P.L.1973, c.307 (C.39:3C-14).

     d.    If the commissioner is unable to designate and make available three sites for the use of snowmobiles, all-terrain vehicles, and dirt bikes pursuant to subsection a. of this section, the commissioner shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature detailing the reasons why sites have not been designated.3

 

     339.  (New section)  If the commissioner has not made substantial progress in designating and making available three sites on State-owned land for the use of snowmobiles, all-terrain vehicles, and dirt bikes within three years of the date of enactment of P.L.    , c.   (C.       ) (pending before the Legislature as this bill), the increase in the fees established pursuant to section 3 of P.L.1973, c.307 (C.39:3C-3) shall expire on the first day of the fourth year and revert to the fee amounts established prior to the enactment of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).3

 

     3[1[35.] 37.1] 40.3 2(New section)2 The chief administrator 1[shall] and the commissioner may1 promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) in order to effectuate the purposes of 2[this 1[section] act1] P.L.   , c.   (C.    ) (pending before the Legislature as this bill)2.

 

     1[36.  The following section is repealed:

     Section 4 of P.L.1973, c.307 (C.39:3C-4).]1

 

     1[37.] 3[38.1 This] 41. Sections 14, 35, 38, 40, and 41 of this3 act shall take effect 3[on the first day of the 2[eighteenth] 18th2 month following the date of enactment 2of                  P.L.   , c.   (pending before the Legislature as Assembly Bill No. 2796 (2R) of 2008 or Senate Bill No. 1059 (SCS) of 2008)2] immediately; sections 1 through 13, 15 through 34, 36, 37, and 39 shall take effect on the 1st day of the third month after the commissioner has designated the first of the three sites pursuant to paragraph (1) of subsection a. of section 38 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill)3 , but the commission and the department may take such anticipatory administrative action in advance as shall be necessary for the implementation of this act.