ASSEMBLY, No. 2529

STATE OF NEW JERSEY

INTRODUCED DECEMBER 5, 1996

By Assemblymen LeFEVRE and BLEE

An Act concerning access to motor vehicle records and supplementing chapter 3 of Title 39 of the Revised Statutes.

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

    1. a. Except as provided in subsection b. of this section, a person who has access to motor vehicle registration records for law enforcement, governmental or business purposes shall not perform a registration plate number check.

    b. Registration plate number checks may be performed:

    (1) for legitimate governmental or law enforcement purposes at the request of any federal, State or local government agency or any person authorized by such agency; or

    (2) when authorized by regulation adopted by the director, with the approval of the Commissioner of Transportation pursuant to the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), for lawful business or private purposes including, but not limited to, credit transactions, the issuance or renewal of policies of insurance, consumer product recalls, the reporting or litigation of claims involving motor vehicles, news reporting by a representative of the news media who holds valid press credentials, or the lawful business needs of persons licensed pursuant to the provisions of the Private Detective Act, P.L.1939, c.369 (C.45:19-8 et seq.).

    c. As used in this act, "registration plate number check" means identification by registration plate number of a natural person who is the owner or lessee of a motor vehicle bearing a particular registration plate number and disclosure of the name or address of the natural person. The phrase shall not be construed to prohibit disclosure of information obtained pursuant to subsection b. of this section in a manner consistent with and in furtherance of the purpose for which the information was obtained.

    d. A person who knowingly obtains, discloses or uses personal information from a motor vehicle registration record for a purpose not permitted under this act shall be liable to the individual to whom the information pertains, who may bring a civil action in the Superior Court. The court may award:

    (1) Actual damages, but not less than liquidated damages in the amount of $2,500;

    (2) Punitive damages upon proof of willful or reckless disregard of the law;

    (3) Reasonable attorney fees and other litigation costs reasonably incurred; and

    (4) Such other preliminary and equitable relief as the court determines to be appropriate.

    e. A person who has access to registration plate number information pursuant to this section shall report any unauthorized use of such information to the Division of Motor Vehicles.

    2. This act shall take effect on the first day of the third month after enactment, except that the Director of the Division of Motor Vehicles may take such anticipatory administrative action in advance as shall be necessary upon enactment for the implementation of this act.

STATEMENT

    This bill provides for limited confidentiality for certain motor vehicle information. Except as provided in this bill, a person who has access to motor vehicle registration records for law enforcement, governmental or business purposes would be prohibited from performing a registration plate number check. As defined in the bill, "registration plate number check" means identification by registration plate number of a natural person who is the owner or lessee of a motor vehicle bearing a particular registration plate number and disclosure of the name or address of the natural person.

    Under the provisions of the bill, registration plate number checks could be performed only (1) for legitimate governmental or law enforcement purposes at the request of any federal, State or local government agency or any person authorized by such agency or (2) when authorized by regulations adopted by the Director of the Division of Motor Vehicles and approved by the Commissioner of Transportation for lawful business or private purposes including, but not limited to, credit transactions, the issuance or renewal of policies of insurance, consumer product recalls, the reporting or litigation of claims involving motor vehicles, news reporting by bona fide representatives of the news media or the lawful business needs of licensed private detectives.

    A person who has access to registration plate number information also would be required to report any unauthorized use of this information to the Division of Motor Vehicles.

    Currently, a person may obtain the name and address of a motor vehicle owner by submitting the vehicle's registration plate number to the Division of Motor Vehicles and paying $8.

    The bill provides that a person who knowingly obtains, discloses or uses personal information from a motor vehicle registration record for a purpose not permitted under the bill would be liable to the individual to whom the information pertains, who may bring a civil action in the Superior Court. The court may award 1) actual damages, but not less than liquidated damages in the anount of $2,500; (2) punitive damages upon proof of willful or reckless disregard of the law; (3) reasonable attorney's fees and other litigation costs reasonably incurred; and (4) such other preliminary and equitable relief as the court determines to be appropriate.

    The provision of personal information on motor vehicle owners to persons without a legitimate need for it has led to abuses. This bill is intended address these abuses and to prevent the use of such checks for purposes of stalking and harassment.

Provides limited confidentiality for certain motor vehicle information.