SENATE, No. 2076

STATE OF NEW JERSEY

INTRODUCED MAY 15, 1997

By Senators ADLER and SINAGRA

An Act concerning parking offense notices and amending P.L.1985, c.14.

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

    1. Section 5 of P.L.1985, c.14 (C.39:4-139.6) is amended to read as follows:

    5. The municipal court shall immediately upon expiration of time to answer or appear, with respect to residents of New Jersey, verify that the vehicle information provided on the parking ticket is the same as that provided on the vehicle registration for that vehicle. If the information is the same, the municipal court shall follow the procedures set forth in R. 7:6-3(a) of the Rules Governing the Courts of the State of New Jersey. These procedures include the mailing of a notice of offense or a failure to appear notice to defendant. That notice shall be on a form approved by the Administrative Director of the Courts and shall inform the defendant of the parking offense charged; the time and date of the parking offense; the amount of fines, penalties and costs due; of his right to have a hearing; that a civil judgment may be entered against him for failure to appear or pay the amount due; and that his driver's license may be suspended; that his driving privileges may be revoked; and that a warrant may be issued for his arrest. If the information on the parking ticket is not the same as that on the registration for that vehicle, the parking ticket shall be dismissed.

    The procedures set forth in R.7:6-3(c) of the Rules Governing the Courts of the State of New Jersey shall be followed in the case of a nonresident.

(cf: P.L.1985, c.14, s.5)

    2. This act shall take effect on the first day of the sixth month after enactment.

STATEMENT

    This bill would require the municipal court to verify vehicle information provided on a parking ticket prior to sending a failure to answer or appear notice. The vehicle information on a parking ticket, such as vehicle license plate number, make and model, would have to match that on the vehicle's registration; otherwise the parking ticket would be dismissed.

    When the vehicle information provided on the parking ticket does not match that on the vehicle's registration, incorrect notices may be sent to a person, who may then not answer or appear in court. If a person does not answer or appear in court when required to, that person could have a civil judgment entered against him for failure to appear or pay the amount due; have his driver's license suspended; have his driving privileges revoked; and, have a warrant issued for his arrest. This bill would avoid these possible situations by ensuring that the information provided on the parking ticket applies to the vehicle ticketed.

Requires verification of vehicle information on parking ticket before sending certain notices.