SENATE, No. 1739

STATE OF NEW JERSEY

INTRODUCED DECEMBER 19, 1996

By Senator KOSCO

An Act concerning motor vehicles and amending P.L.1964, c.172 and P.L.1972, c.197.

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

    1. Section 1 of P.L.1964, c.172 (C.39:3-38.1) is amended to read as follows:

    1. Any person who:

    a. Keeps in his possession or conceals any falsely made, forged, altered or counterfeited certificate of registration, [or] driver's license or insurance identification card, knowing the same to be falsely made, altered, forged or counterfeited with the intent to use the same unlawfully; or

    b. Exhibits to a police officer or judge in accordance with R.S. 39:3-29 any falsely made, altered, forged or counterfeited motor vehicle certificate of registration, [or] driver's license or insurance identification card, knowing the same to be falsely made, altered, forged or counterfeited; or

    c. Exhibits to any person, for purposes of identification, any falsely made, altered, forged or counterfeited motor vehicle certificate of registration or driver's license, knowing the same to be falsely made, altered, forged or counterfeited, and representing the same as a certificate or license lawfully issued to him by the Director of Motor Vehicles, is guilty of a disorderly persons offense.

    d. A person who knowingly produces, sells, offers or exposes for sale a document, printed form or other writing which simulates an insurance identification card is guilty of a disorderly persons offense.     e. A person convicted under this section shall be ordered by the court to perform community service for a period of 30 days and the court shall assess against the person two motor vehicle points pursuant to P.L.1982, c.43 (C.39:5-30.6).

(cf: P.L.1983, c.403, s.11)

    2. Section 2 of P.L.1972, c.197 (C.39:6B-2) is amended to read as follows:

    2. Any owner or registrant of a motor vehicle registered or principally garaged in this State who operates or causes to be operated a motor vehicle upon any public road or highway in this State without motor vehicle liability insurance coverage required by this act, and any operator who operates or causes a motor vehicle to be operated and who knows or should know from the attendant circumstances that the motor vehicle is without motor vehicle liability insurance coverage required by this act shall be subject, for the first offense, to a fine of [$300.00] $500 and a period of community service to be determined by the court, and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of conviction. Upon subsequent conviction, he shall be subject to a fine of [$500.00] $1,000 and shall be subject to imprisonment for a term of 14 days and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction, and, after the expiration of said period, he may make application to the Director of the Division of Motor Vehicles for a license to operate a motor vehicle, which application may be granted at the discretion of the director. The director's discretion shall be based upon an assessment of the likelihood that the individual will operate or cause a motor vehicle to be operated in the future without the insurance coverage required by this act. A complaint for violation of this act may be made to a municipal court at any time within six months after the date of the alleged offense.

    Failure to produce at the time of trial an insurance identification card or an insurance policy which was in force for the time of operation for which the offense is charged, creates a rebuttable presumption that the person was uninsured when charged with a violation of this section.

    [Notwithstanding any provision of P.L.1972, c.197 (C.39:6B-1 et seq.), any person who violates the provisions of that act, from October 1, 1990 through January 31, 1991, shall not be subject to any of the penalties or sanctions provided for a first violation of that act if that person produces at the time of trial an insurance identification card or a motor vehicle liability insurance policy which is in force at the time of the trial and the conviction for that person's offense would be the person's first conviction for an offense under that act. The Commissioner of Insurance shall appropriately promote and advertise this limited time amnesty program for first-time offenses under that act throughout the State.]

(cf: P.L.1990, c.8, s.49)

    3. This act shall take effect on the first day of the third month following enactment.

STATEMENT

    This bill addresses the growing use of phony insurance identification cards by persons without the required motor vehicle liability insurance coverage. The cards are sold on the street for between $50 and $600. They are used to obtain other required motor vehicle documents and presented to police officers during routine traffic stops. This practice undermines the State's insurance laws and permits uninsured motorists to drive with impunity.

    The bill would make it a disorderly persons offense to knowingly possess an insurance identification card that is false, forged, altered or counterfeited with the intent to use it unlawfully or to exhibit one of these cards to a police officer or judge. The bill would also make it a disorderly persons offense to produce, sell, offer or expose for sale a document, printed form or other writing which simulates an insurance identification card. A disorderly persons offense is punishable by a fine of up to $1,000, a term of imprisonment of up to six months, or both. In addition, a person convicted of an offense involving a phony driver's license, certificate of registration or insurance identification card would be required to perform 30 days community service and assessed two motor vehicle points.

    The bill also increases the fines imposed for the offense of operating a motor vehicle without the mandatory liability insurance coverage. The fine for a first offense would increase from the current $300 to $500. The fine for a subsequent offense would increase from the current $500 to $1,000.