A3657

An Act requiring bicycle registrations and supplementing chapter 4 of Title 39 of the Revised Statutes.

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

1. No bicycle as defined by R.S.39:1-1 shall be operated on the public highways or on public lands of this State unless registered by the owner thereof, or, if the owner is under 15 years of age, the parent or guardian of the owner, as provided by P.L. , c. (C. ) (pending before the Legislature as this bill). The Chief Administrator of the Motor Vehicle Commission is authorized to grant a registration to the owner of a bicycle, or, if the owner is under 15 years of age, the parent or guardian of the owner, provided that the application for registration has been properly made, the registration fee has been paid, and the bicycle meets all of the requirements of this chapter.

The form and contents of the registration certificate shall be prescribed by the chief administrator. The chief administrator shall maintain a record of all registration certificates issued and their contents.

The registration shall expire and the registration certificate shall become void on the last day of the 23rd calendar month following the calendar month in which the certificate was issued, except that the chief administrator may suspend or revoke a registration for any violation of the laws, rules, or regulations regarding operation of bicycles.

The chief administrator shall issue registration certificates for the following registration period, on and after the first day of the calendar month immediately preceding the commencement of the registration period, the registration certificates to be effective immediately.

2. Application for the registration of a bicycle shall be made on a form issued by the chief administrator, and shall contain the following information:

a. The year of manufacture, make, model, color, and unladen weight of the bicycle;

b. The serial number of the bicycle;

c. The name, street address, and age of the owner of the bicycle, and if the owner is under 15 years of age, the age of the parent or guardian applying for the registration;

d. The amount of New Jersey sales tax paid when the bicycle was purchased;

e. The signatures of the applicant;

f. The month, day and year of purchase;

g. Any other information required by the chief administrator.

3. The chief administrator may establish an annual registration fee, which shall not exceed $10, to defray the cost of registering bicycles.

4. At the time of issuance of the registration of the bicycle, the chief administrator shall also issue to the registrant, at no additional cost, a bicycle license plate to be attached to the bicycle by the registrant. Each plate shall contain a clearly visible license number to be assigned by the chief administrator and shall bear the insignia "BICYCLE" in clear lettering. The license plate number shall be contained on the certificate of registration.

5. Whenever a bicycle for which a registration certificate has been issued has been permanently removed from the State, the owner shall notify the chief administrator in writing within 10 days.

Whenever a bicycle for which a registration certificate has been issued has been destroyed, stolen, or whenever its use has been discontinued, the owner shall notify the chief administrator in writing, sign and execute the registration certificate, and return it to the chief administrator within 10 days.

Whenever there is a transfer of ownership of a bicycle for which a registration certificate has been issued, the owner shall sign over the registration to the purchaser.

The new owner shall apply to the chief administrator for a new registration certificate and license plate and submit the original registration certificate and license plate with the application. The new owner shall not operate the bicycle on public highways or on public lands until the new registration is completed.

The new owner shall pay the fees for registering the bicycle established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

6. No person shall operate a bicycle on the public highways or public lands of this State unless a license plate is displayed in accordance with the provisions of R.S.39:3-33 applicable to motorcycles.

7. The registration provisions governing bicycles shall not apply to a nonresident bicycle owner who has complied with the registration and licensing laws of his state of residence, if the bicycle is appropriately identified in accordance with the laws of his state of residence. Nothing in this section shall authorize the operation of a bicycle contrary to the provisions the laws, rules, and regulations regarding operation of bicycles.

8. With respect to bicycles purchased prior to the effective date of this act, and for which no bill of sale or other formal proof of ownership is available, the chief administrator may accept as proof of ownership a sworn affidavit from the owner, setting forth with reasonable specificity facts regarding the acquisition of ownership of the bicycle, together with any supporting documents, as proof of ownership of the bicycle.

A person who knowingly submits a false bill of sale, false receipt for purchase, or any other false proof of ownership, or who knowingly submits any false affidavit or false supporting document regarding proof of ownership of a bicycle, commits a crime of the fourth degree.

9. The owner of a bicycle who acquired ownership prior to the effective date of this act shall have 180 days from the effective date to comply with the registration, and license plate requirements contained herein.

10. A person who violates any of the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be subject to a fine of not more than $100 for each offense.

11. The chief administrator shall have the authority to promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act.

12. This act shall take effect on the first day of the thirteenth month after the date of enactment, but the Chief Administrator of The Motor Vehicle Commission may take such anticipatory administrative action in advance thereof as may be necessary for the implementation of this act.

STATEMENT

This bill would require bicycles ridden on public highways or lands to be registered with the Motor Vehicle Commission and display license plates. Bicycle registrations would be valid for two years, and the commission could charge up to $10 as an annual registration fee to defray the costs of the program. The bill specifies that if the owner of a bicycle is under 15 years of age, the owners parent or guardian may register it in their stead.

Under the bill, a person who violates any of the bicycle registration provisions would be subject to a fine up to $100 for each offense. In addition, the bill authorizes the chief administrator to suspend or revoke a bicycle registration for any violation of the laws, rules, or regulations regarding their operation.