ASSEMBLY, No. 2969

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED MARCH 24, 2014

 


 

Sponsored by:

Assemblyman  CARMELO G. GARCIA

District 33 (Hudson)

Assemblyman  RALPH R. CAPUTO

District 28 (Essex)

 

Co-Sponsored by:

Assemblymen Mukherji and Johnson

 

 

 

 

SYNOPSIS

     Prohibits sale of merchandise designed to conceal license plates.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act prohibiting the sale of merchandise designed to conceal or obscure license plate numbers and amending and supplementing Title 39 of the Revised Statutes.

 

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

 

     1.    (New section)  In addition to any other penalty provided by law, it shall be a petty disorderly persons offense to knowingly sell, offer for sale, distribute, transfer, purchase, receive, or possess any merchandise, including but not limited to retractable license plate holders, reflective spray, or anti-photograph license plate covers, knowing that such merchandise is designed or intended to be used to conceal, degrade the legibility, or otherwise obstruct or obscure any part of any marking imprinted upon a vehicle’s license plate.

 

     2.    R.S.39:3-33 is amended to read as follows:

     39:3-33.  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] commission; 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 concealed, obstructed, or obscured license plate or 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] chief administrator, as hereinafter provided, issues to be inserted in and attached to that registration plate or marker. 

     The [director] chief administrator 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] commission, 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, or of displaying a concealed, obscured, or obstructed license plate, as prohibited herein, shall be subject to a fine not exceeding [$500.00] $500 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] $100.  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.

(cf: P.L.1989, c.202, s.1)

 

     3.    This act shall take effect immediately. 

 

 

STATEMENT

 

     This bill makes it a petty disorderly persons offense to knowingly resell, offer for sale, distribute, transfer, purchase, receive, or possess any merchandise, knowing that the merchandise is designed or intended to be used to conceal, degrade the legibility, or otherwise obstruct or obscure any part of any marking imprinted upon a vehicle’s license plate.

     Any person who violates the provisions of the bill shall be subject to a fine not exceeding $500 or imprisonment for not more than 60 days.