STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
Assemblyman DAVID P. RIBLE
District 30 (Monmouth and Ocean)
Eliminates certain sales restrictions on recreational vehicles.
CURRENT VERSION OF TEXT
As reported by the Assembly Consumer Affairs Committee with technical review.
An Act concerning recreational vehicles and amending P.L.2005, c.351.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2005, c.351 (C.39:10-19.1) is amended to read as follows:
1. As used in this act:
"Off-site sale" means the display and sale of new or used recreational vehicles by a recreational vehicle dealer, or used motor vehicles registered in New Jersey by a used motor vehicle dealer, licensed under the provisions of R.S.39:10-19, at a location other than the dealer's established place of business. An "off-site sale" includes any off-site display of vehicles at which a recreational vehicle or used motor vehicle dealer has a sales person or employee present. For the purposes of this act, "off-site sale" does not include:
a. An off-site display of vehicles at which a recreational vehicle or used motor vehicle dealer has no sales personnel present;
b. The sale of a vehicle at an auction at which only wholesale purchases are permitted; or
c. The use of telephones, telephone call-forwarding, email, internet websites or other internet communications which allow a licensed dealer or dealership employee to communicate with customers while either the customer or the dealer or employee thereof is not present at the licensed physical location of the dealership, provided the contract for the sale of a vehicle is finalized and the sale transaction completed at the licensed location.
"Sponsoring organization" means [:
a.] a credit union, automobile club, or other such not for profit organization or entity that makes the opportunity to attend and purchase [a] any used motor vehicle at an off-site sale available to its members [; or
b. a trade show coordinator, or other such organization, entity, or individual that makes the opportunity to attend and purchase a recreational vehicle at an off-site sale available to ticketed individuals].
(cf: P.L.2007, c.335, s.25)
2. Section 3 of P.L.2005, c.351 (C.39:10-19.3) is amended to read as follows:
3. a. The Chief Administrator of the New Jersey Motor Vehicle Commission may issue a provisional permit, subject to a fee, for an off-site sale to a licensed recreational vehicle or used motor vehicle dealer, provided:
(1) No more than one permit for a particular location is issued during any calendar quarter in the case of used motor vehicles, and no more than five permits for a particular location are issued during any calendar month in the case of recreational vehicles;
(2) A completed application and fee, in an amount determined by the chief administrator, is received by the commission at least 15 days prior to the first day of the sale;
(3) The applicant is a recreational vehicle or used motor vehicle dealer, licensed under the provisions of R.S.39:10-19, in good standing;
(4) The sale is not conducted within 1,000 feet of the established place of business of any motor vehicle dealer licensed under the provisions of R.S.39:10-19;
(5) The display and sale of vehicles is conducted for no more than five consecutive days; and
(6) [The] In the case of used motor vehicles, the sale is not open to the general public, but limited to members of the sponsoring organization [or in the case of the off-site sales of recreational vehicles, only to ticketed individuals].
b. Following the issuance of a provisional permit for an off-site sale, and in the event that the chief administrator determines that neither the dealer, the sponsoring organization, nor the off-site sale location has an unsatisfactory history of violations of Title 39 of the Revised Statutes, the chief administrator shall issue a final permit for an off-site sale to the applicant, provided the dealer applicant delivers to the commission, no later than five days prior to the sale, a surety bond in the amount of $500,000 in the case of a permit for an off-site sale to a licensed used motor vehicle dealer; or $10,000 in the case of a permit for an off-site sale to a licensed recreational vehicle dealer issued by a company authorized to transact surety business in this State and payable to the New Jersey Motor Vehicle Commission. If a surety bond is cancelled or terminated for any reason prior to the end date of the sale, the company that issued the surety bond shall immediately notify the chief administrator of the cancellation or termination. The dealer applicant shall immediately obtain and file with the chief administrator a replacement surety bond prior to the end date of the sale that shall cover the uninsured term of the sale. In lieu of a surety bond, a dealer applicant may submit a notarized copy of a certificate of self-insurance issued pursuant to section 30 of P.L.1952, c.173 (C.39:6-52).
(cf: P.L.2008, c.73, s.1)
3. This act shall take effect immediately.