ASSEMBLY, No. 1269
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman COLLINS
An Act concerning the cancellation of private passenger automobile insurance, amending R.S.39:3-8 and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:3-8 is amended to read as follows:
39:3-8. The applicant for registration for any passenger automobile manufactured in any model year prior to the 1971 model year shall pay to the director for each registration a fee of $14.00 for each such vehicle having a manufacturer's shipping weight of less than 2,700 pounds, a fee of $23.00 for each such vehicle having a manufacturer's shipping weight of 2,700 pounds or more, but not greater than 3,800 pounds, and a fee of $44.00 for each vehicle having a manufacturer's shipping weight in excess of 3,800 pounds. The applicant for registration for any passenger automobile manufactured in model year 1971 and thereafter, except as determined hereinafter, shall pay to the director for each registration a fee of $17.00 for each such vehicle having a manufacturer's shipping weight of less than 2,700 pounds, a fee of $28.00 for each such vehicle having a manufacturer's shipping weight of 2,700 pounds or more, but not greater than 3,800 pounds, and a fee of $51.00 for each such vehicle having a manufacturer's shipping weight in excess of 3,800 pounds. The applicant for registration for any 1980 or thereafter model year passenger automobile registered on or after March 1, 1979 shall pay to the director for each registration a fee of $25.00 for each such vehicle having a manufacturer's shipping weight not greater than 3,500 pounds and a fee of $50.00 for each vehicle having a manufacturer's shipping weight in excess of 3,500 pounds. The director shall determine manufacturer's shipping weight and model year for each passenger automobile on the basis of the information contained in the certificate of origin, the application for registration or for renewal of registration, or the records of the division, or any or all of these; and in any case in which the manufacturer's shipping weight of any particular passenger automobile is unavailable, or in doubt or dispute, the director may require that such automobile be weighed on a scale designated by him, and such actual weight shall be considered the manufacturer's shipping weight for the purposes of this section; but in all cases the director's determination of the manufacturer's shipping weight of any such automobile shall be final. The applicant for registration for a passenger automobile shall also pay to the director the inspection fee fixed in R.S.39:8-2 in addition to the fees described hereinabove.
An applicant for registration of a private passenger automobile shall also pay to the director a fee of $2.00 to be applied to offset expenses incurred by the division in implementing the provisions of sections 2 and 3 of P.L....., c.... (C......)(now pending before the Legislature as this bill).
The director may also license private utility and house-type semitrailers and trailers with a gross load not in excess of 2,000 pounds at a fee of $4.00 per annum and all other such utility and house-type semitrailers and trailers at $9.00 per annum. Application for such registration shall be made on a blank to be furnished by the division and the application shall contain a statement to the effect that the vehicle so registered will not be used for the commercial transportation of goods, wares and merchandise, or for hire.
No private utility or house-type semitrailer or trailer with an outside width of more than 96 inches, a maximum height of 13 feet 6 inches, a maximum length for a single vehicle of more than 35 feet, a maximum length for a semitrailer and its towing vehicle of more than 45 feet, and a maximum length for a trailer and its towing vehicle of more than 50 feet, shall be operated on any highway in this State, except that a vehicle exceeding the above limitations may be operated when a special permit so to operate is secured in advance from the director. The application for such permit shall be accompanied by a fee fixed by the director. A special permit issued by the director shall be in the possession of the operator of the vehicle for which such permit was issued. In computing any dimensions of a vehicle, for the purposes of this section, there shall not be included in the dimensional limitations safety equipment such as mirrors or lights, provided such appliances do not exceed the overall limitations established by the director by rule or regulation.
(cf: P.L.1979, c.3, s.1)
2. (New section) Every insurer writing private passenger automobile insurance in this State, including the New Jersey Automobile Full Insurance Underwriting Association created pursuant to section 16 of P.L.1983, c.65 (C.17:30E-4), shall: a. when notifying a policyholder of the cancellation of an insurance policy required to be maintained pursuant to the provisions of P.L.1972, c.70 (C.39:6A-1 et seq.), set forth on that notice substantially the following: "It is unlawful to operate an uninsured motor vehicle in New Jersey. If you do not secure liability insurance coverage for your vehicle from another insurer before your current coverage expires, you are required by State law to surrender your vehicle's license plates immediately to the Division of Motor Vehicles. Violators are subject to fines, penalties, surcharges and will have their license plates confiscated." and b. within 5 days of the cancellation of any such insurance policy, send to the Division of Motor Vehicles, on a form prescribed by the division, a notice of that cancellation. The division shall then seize the license plates of any automobile covered by the lapsed policy, unless proof of insurance is offered at the time of seizure.
3. (New section) a. In addition to any other fines, penalties, surcharges or assessments which may be imposed for operating an automobile without insurance, a person who fails to surrender license plates immediately to division personnel pursuant to this act shall be subject to a penalty of $250.00, and the license plates shall be confiscated by the appropriate law enforcement agency. The penalty under this subsection shall be collected in a summary proceeding brought in the name of either the Director of the Division of Motor Vehicles or the Attorney General pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq.
b. If the person files adequate proof of insurance with the division within 14 days after confiscation of the license plates, the division shall return the license plates.
4. The Director of the Division of Motor Vehicles may promulgate rules and regulations necessary to implement the provisions of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
5. This act shall take effect on the first day of the third month following enactment and shall apply to all notices of cancellation issued on or after the effective date.
STATEMENT
This bill would authorize the Division of Motor Vehicles to seize the license plates of uninsured passenger automobiles.
Under the provisions of the bill, insurers would be required to notify the Division of Motor Vehicles whenever one of their policies was cancelled. If the insurer fails to notify the division within five days of a policy cancellation, it is subject to a $5,000.00 penalty.
Upon receipt of a policy cancellation from an insurer, the division is authorized to seize the license plates of the uninsured passenger automobile. In addition to any other applicable penalties, a person who fails to surrender the license plates of an uninsured passenger automobile to the appropriate division personnel, as required by the provisions of this bill, would be subject to a penalty of $250.00 and the plates would be subject to confiscation by the appropriate law enforcement agency.
Seized or confiscated license plates may be reclaimed within 14 days if a notice of proof of insurance is filed with the division.
To cover the costs of administering this enforcement program, the bill authorizes the imposition of a $2.00 surcharge on every private passenger automobile registration application.
Requires surrender of license plates upon cancellation of automobile insurance under certain circumstances.