ASSEMBLY, No. 1930
STATE OF NEW JERSEY
INTRODUCED MAY 6, 1996
By Assemblymen IMPREVEDUTO, MORAN and Connors
An Act concerning fees and fines for apportioned and commercial motor vehicles operated on alternative fuel, amending R.S.39:3-20 and P.L.1995, c.157, 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) Notwithstanding any provision of P.L.1995, c.157 (C.39:8-59 et seq.), or any other law or regulation adopted pursuant thereto to the contrary, no fees or fines imposed on and collected from the owner or operator of an apportioned or commercial vehicle operated on alternative fuel pursuant to R.S.39:3-20 or P.L.1995, c.157 (C.39:8-59 et seq.) may be used for the administration, implementation or enforcement of the periodic inspection or roadside inspection programs established pursuant to P.L.1995, c.157 (C.39:8-59 et seq.) or the administration, implementation or enforcement of any program established pursuant to the "Federal Clean Air Mandate Compliance Act," P.L.1995, c.112 (C.39:8-41 et seq.).
For the purposes of this section, "alternative fuel" means methanol, ethanol, or other alcohols, natural gas, compressed natural gas, propane, liquefied petroleum gas, hydrogen, coal-derived liquid fuels, electricity, or any other fuel substantially composed of nonpetroleum substances as defined pursuant to section 301 of the "Energy Policy Act of 1992," Pub. L. 102-486, October 24, 1992, 106 Stat. 2866.
2. Section 17 of P.L.1995, c.157 (C.39:8-75) is amended to read as follows:
17. a. There is established in the General Fund a separate, nonlapsing, dedicated account to be known as the "Commercial Vehicle Enforcement Fund." The Commercial Vehicle Enforcement Fund shall be administered by the division in consultation with the Department of Transportation. All fees and other monies collected pursuant to this act or any rule or regulation adopted pursuant thereto, except for any fees or fines collected for a vehicle operated on alternative fuel as defined in section 1 of P.L. , c. (C. )(now before the Legislature as this bill) from an owner or operator of the vehicle, shall be forwarded to the State Treasury for deposit into the Commercial Vehicle Enforcement Fund account. All fees and other monies deposited in the Commercial Vehicle Enforcement Fund account shall be used to fund the costs of administering the programs and activities of the Department of Law and Public Safety, the Department of Transportation and the Department of Environmental Protection established or specified in this act and in subsection f. of R.S.39:-20, subject to the approval of the Director of the Division of Budget and Accounting in the Department of the Treasury.
b. A municipality may be eligible for periodic grants from the fund in such amounts as the director, in consultation with the Commissioner of Transportation, may determine pursuant to rule or regulation to subsidize costs of prosecuting and trying actions pursuant to this act.
(cf: P.L.1995, c.157, s.17)
3. Section 24 of P.L.1995, c.157 (C.39:8-82) is amended to read as follows:
24. a. The registration fee for an apportioned vehicle shall be determined by the number of in-jurisdiction miles an apportioned vehicle drives in the State of New Jersey and in each of the jurisdictions in which it is authorized to travel by its registration. The formula used for the registration fee shall be in accord with the International Registration Plan and shall be set forth in regulation.
b. In addition to the registration fee, the Division of Motor Vehicles shall set by regulation an administrative fee which will be collected from each registrant to subsidize the cost of the administration of the program, except that no administrative fee shall be collected from a registrant of an apportioned vehicle operated on alternative fuel as defined in section 1 of P.L. , c. (C. )(now before the Legislature as this bill).
c. The administrative fee collected pursuant to this act shall be forwarded to the State Treasurer and be deposited into the Commercial Vehicle Enforcement Fund established pursuant to section 17 of this act.
(cf: P.L.1995, c.157, s.24)
4. R.S.39:3-20 is amended to read as follows:
39:3-20. For the purpose of this section, gross weight means the weight of the vehicle or combination of vehicles, including load or contents.
a. The director is authorized to issue registrations for commercial motor vehicles other than omnibuses or motor-drawn vehicles upon application therefor and payment of a fee based on the gross weight of the vehicle, including the gross weight of all vehicles in any combination of vehicles of which the commercial motor vehicle is the drawing vehicle. The gross weight of a disabled commercial vehicle or combination of disabled commercial vehicles being removed from a highway shall not be included in the calculation of the registration fee for the drawing vehicle.
Except as otherwise provided in this subsection, every registration for a commercial motor vehicle other than an omnibus or motor-drawn vehicle shall expire and the certificate thereof shall become void on the last day of the eleventh calendar month following the month in which the certificate was issued, provided, however, that the director may require registrations which shall expire, and issue certificates thereof which shall become void on a date fixed by the director, which shall not be sooner than three months or later than 26 months after the date of issuance of such certificates, and the fees for such registrations or registration applications, including any other fees or charges collected in connection with the registration fee, shall be fixed by the director in amounts proportionately less or greater than the fees established by law. The director may fix the expiration date for registration certificates at a date other than 11 months if the director determines that such change is necessary, appropriate or convenient in order to aid in implementing the vehicle inspection requirements of chapter 8 of Title 39 or for other good cause. The minimum registration fee shall be as follows:
For vehicles not in excess of 5,000 pounds, $53.50.
For vehicles in excess of 5,000 pounds and not in excess of 18,000 pounds, $53.50 plus $11.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.
For vehicles in excess of 18,000 pounds and not in excess of 50,000 pounds, $53.50 plus $12.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.
For vehicles in excess of 50,000 pounds, $53.50 plus $13.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.
For vehicles operated on alternative fuel, as defined pursuant to section 1 of P.L. , c. (C. )(now before the Legislature as this bill), the minimum registration fee shall be as follows:
For vehicles not in excess of 5,000 pounds, $53.50.
For vehicles in excess of 5,000 pounds and not in excess of 18,000 pounds, $53.50 plus $8.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.
For vehicles in excess of 18,000 pounds and not in excess of 50,000 pounds, $53.50 plus $ 9.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.
For vehicles in excess of 50,000 pounds, $53.50 plus $10.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.
b. The director is also authorized to issue registrations for commercial motor vehicles having three or more axles and a gross weight over 40,000 pounds but not exceeding 70,000 pounds, upon application therefor and proof to the satisfaction of the director that the applicant is actually engaged in construction work or in the business of supplying material, transporting material, or using such registered vehicle for construction work.
Except as otherwise provided in this subsection, every registration for these commercial motor vehicles shall expire and the certificate thereof shall become void on the last day of the eleventh calendar month following the month in which the certificate was issued, provided, however, that the director may require registrations which shall expire, and issue certificates thereof which shall become void on a date fixed by the director, which shall not be sooner than three months or later than 26 months after the date of issuance of such certificates, and the fees for such registrations or registration applications, including any other fees or charges collected in connection with the registration fee, shall be fixed by the director in amounts proportionately less or greater than the fees established by law. The director may fix the expiration date for registration certificates at a date other than 11 months if the director determines that such change is necessary, appropriate or convenient in order to aid in implementing the vehicle inspection requirements of chapter 8 of Title 39 or for other good cause.
The registration fee shall be $22.50 for each 1,000 pounds or portion thereof, except that for vehicles operated on alternative fuel, as defined pursuant to section 1 of P.L. , c. (C. )(now before the Legislature as this bill), the registration fee shall be $19.50 for each 1,000 pounds or portion thereof.
For purposes of calculating this fee, weight means the gross weight, including the gross weight of all vehicles in any combination of which such commercial motor vehicle is the drawing vehicle.
Such commercial motor vehicle shall be operated in compliance with the speed limitations of Title 39 of the Revised Statutes and shall not be operated at a speed greater than 30 miles per hour when one or more of its axles has a load which exceeds the limitations prescribed in R.S.39:3-84.
c. The director is also authorized to issue registrations for each of the following solid waste vehicles: two-axle vehicles having a gross weight not exceeding 42,000 pounds; tandem three-axle and four-axle vehicles having a gross weight not exceeding 60,000 pounds; four-axle tractor-trailer combination vehicles having a gross weight not exceeding 60,000 pounds. Registration is based upon application to the director and proof to his satisfaction that the applicant is actually engaged in the performance of solid waste disposal or collection functions and holds a certificate of convenience and necessity therefor issued by the [Board of Public Utilities] Department of Environmental Protection.
Except as otherwise provided in this subsection, every registration for a solid waste vehicle shall expire and the certificate thereof shall become void on the last day of the eleventh calendar month following the month in which the certificate was issued.
The registration fee shall be [$50.00] $50 plus $11.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds, except that for vehicles operated on alternative fuel, as defined pursuant to section 1 of P.L. , c. (C. )(now before the Legislature as this bill), the registration fee shall be $50 plus $8.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.
d. The director is also authorized to issue registrations for commercial motor-drawn vehicles upon application therefor. The registration year for commercial motor-drawn vehicles shall be April 1 to the following March 31 and the fee therefor shall be [$18.00] $18 for each such vehicle.
At the discretion of the director, an applicant for registration for a commercial motor-drawn vehicle may be provided the option of registering such vehicle for a period of four years. In the event that the applicant for registration exercises the four-year option, a fee of [$64.00] $64 for each such vehicle shall be paid to the director in advance.
If any commercial motor-drawn vehicle registered for a four-year period is sold or withdrawn from use on the highways, the director may, upon surrender of the vehicle registration and plate, refund [$16.00] $16 for each full year of unused prepaid registration.
e. It shall be unlawful for any vehicle or combination of vehicles registered under this act, having a gross weight, including load or contents, in excess of the gross weight provided on the registration certificate to be operated on the highways of this State.
The owner, lessee, bailee or any one of the aforesaid of a vehicle or combination of vehicles, including load or contents, found or operated on any public road, street or highway or on any public or quasi-public property in this State with a gross weight of that vehicle or combination of vehicles, including load or contents, in excess of the weight limitation permitted by the certificate of registration for the vehicle or combination of vehicles, pursuant to the provisions of this section, shall be assessed a penalty of [$500.00]$500 plus an amount equal to [$100.00] $100 for each 1,000 pounds or fractional portion of 1,000 pounds of weight in excess of the weight limitation permitted by the certificate of registration for that vehicle or combination of vehicles. A vehicle or combination of vehicles for which there is no valid certificate of registration is deemed to have been registered for zero pounds for the purposes of the enforcement of this act, in addition to any other violation of this Title, but is not deemed to be lawfully or validly registered pursuant to the provisions of this Title.
This section shall not be construed to supersede or repeal the provisions of section 39:3-84, 39:4-75, or 39:4-76 of this Title.
f. Of the registration fees collected by the director pursuant to this section for vehicles with gross vehicle weights in excess of 5,000 pounds, an amount equal to [$3.00] $3 per 1,000 pounds or portion thereof in excess of 5,000 pounds for each registration shall be forwarded to the State Treasurer for deposit in the Commercial Vehicle Enforcement Fund established pursuant to section 17 of this act, except that no portion of the registration fees collected from owners or operators for vehicles operated on alternative fuel, as defined in section 1 of P.L. , c. (C. )(now before the Legislature as this bill), shall be deposited in the Commercial Motor Vehicle Enforcement Fund. The portion of the registration fees collected for vehicles operated on alternative fuel shall be forwarded to the State Treasurer for deposit in a fund for a use other than the administration, implementation or enforcement of the periodic inspection program or roadside inspection program established pursuant to P.L.1995, c.157 or the administration, implementation or enforcement of any program established pursuant to P.L.1995, c.112. Moneys in the [fund] Commercial Motor Vehicle Enforcement Fund shall be used by the Department of Law and Public Safety and the Department of Transportation for enforcement of laws and regulations governing commercial motor vehicles.
(cf: P.L.1995, c.157, s.34)
5. This act shall take effect immediately.
STATEMENT
The bill prohibits the use of any fees or fines imposed on owners or operators for apportioned or commercial vehicles operated on alternative fuel for the administration, implementation or enforcement of the periodic or roadside inspection programs established pursuant to P.L.1995, c.157 or any program established pursuant to the "Federal Clean Air Mandate Compliance Act." The bill also provides that no administration fee would be charged on registrations of apportioned vehicles operated on alternative fuel and that registration fees would not be increased for commercial vehicles operated on alternative fuel. The registration fees for commercial vehicles were originally increased by approximately $3 (per weight unit) to cover the additional cost of administration, implementation or enforcement of the periodic or roadside inspection programs established pursuant to P.L.1995, c.157. The owners and operators of vehicles operated on alternative fuel have already shouldered the burden and expense of converting the vehicles they operate into alternative fuel vehicles. Operating on alternative fuel, the vehicles do not contribute to the problems that the law increasing the fees was enacted to address. The bill may also encourage other owners and operators to use alternative fuel vehicles.
"Alternative fuel" is defined as methanol, ethanol, or other alcohols, natural gas, compressed natural gas, propane, liquefied petroleum gas, hydrogen, coal-derived liquid fuels, electricity, any other fuel substantially composed of nonpetroleum substances or any fuel as defined pursuant to section 301 of the "Energy Policy Act of 1992," Pub.L. 102-486, October 24, 1992, 106 Stat. 2866.
Prohibits use of fees or fines imposed on certain vehicles operated on alternative fuel for certain air pollution control programs; reduces registration fees on certain vehicles operated on alternative fuels.