This act shall be known and may be cited as the "Drunk Driving Victim's Bill of Rights."
L. 1985, c. 442, s. 1.
39:4-50.10. "Victim" defined
As used in this act, "victim" means, unless otherwise indicated, a person who suffers personal physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a motor vehicle accident involving another person's driving while under the influence of drugs or alcohoL. In the event of a death, "victim" means the surviving spouse, a child or the next of kin.
L. 1985, c. 442, s. 2.
39:4-50.11. Victims' rights
Victims shall have the right to:
a. Make statements to law enforcement officers regarding the facts of the motor vehicle accident and to reasonable use of a telephone;
b. Receive medical assistance for injuries resulting from the accident;
c. Contact the investigating officer and see copies of the accident reports and, in the case of a surviving spouse, child or next of kin, the autopsy reports;
d. Be provided by the court adjudicating the offense, upon the request of the victim in writing, with:
(1) Information about their role in the court process;
(2) Timely advance notice of the date, time and place of the defendant's initial appearance before a judicial officer, submission to the court of any plea agreement, the trial and sentencing;
(3) Timely notification of the case disposition, including the trial and sentencing;
(4) Prompt notification of any decision or action in the case which results in the defendant's provisional or final release from custody; and
(5) Information about the status of the case at any time from the commission of the offense to final disposition or release of the defendant;
e. Receive, when requested from any law enforcement agency involved with the offense, assistance in obtaining employer cooperation in minimizing loss of pay and other benefits resulting from their participation in the court process;
f. A secure waiting area, after the motor vehicle accident, during investigations, and prior to a court appearance;
g. Submit to the court adjudicating the offense a written or oral statement to be considered in deciding upon sentencing and probation terms. This statement may include the nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss of earnings or ability to work suffered by the victim and the effect of the offense upon the victim's family.
When a need is demonstrated, the information in this section shall be provided in the Spanish as well as the English language.
L. 1985, c. 442, s. 3.
39:4-50.12. Consultation with prosecutor
A victim shall be provided with an opportunity to consult with the prosecutor prior to dismissal of the case or the filing of a proposed plea negotiation with the court, if the victim sustained bodily injury or serious bodily injury as defined in N.J.S. 2C:11-1.
Nothing contained herein shall be construed to alter or limit the authority or discretion of the prosecutor to enter into any plea agreement which the prosecutor deems appropriate.
L. 1985, c. 442, s. 4.
39:4-50.13. Tort Claims Act rights
Nothing contained in the act shall mitigate any right which the victim may have pursuant to the "New Jersey Tort Claims Act" (N.J.S. 59:1-1 et seq.).
L. 1985, c. 442, s. 5.
Wednesday, October 28, 2009
12:7-82 Revocation, suspension of privilege to operate power vessel; conditions.
12:7-82 Revocation, suspension of privilege to operate power vessel; conditions.
13. a. A court may revoke or suspend the privilege of a person to operate a power vessel if that person has been convicted of homicide in connection with the operation of a motor vehicle or of operating a motor vehicle while under the influence of intoxicating liquor or a narcotic, hallucinogenic or habit producing drug.
b.A court may revoke or suspend the privilege of a person to operate a power vessel if that person has been charged with a homicide in connection with the operation of a motor vehicle or of operating a vessel or motor vehicle while under the influence of intoxicating liquor or a narcotic, hallucinogenic or habit producing drug, pending disposition of that charge, or for any other violation of any of the provisions of chapter 7 of Title 12 of the Revised Statutes or of any rule or regulation prescribed thereunder by the Chief Administrator of the New Jersey Motor Vehicle Commission or the commission.
c.A court shall revoke or suspend the privilege of a person to operate a power vessel if that person has been charged with or convicted of homicide in connection with the operation of a vessel.
d.When a person's privilege to operate a power vessel is revoked or suspended, that person shall have an opportunity to be heard. Attendance of witnesses to such hearing may be compelled by subpoena.
e.Failure of the licensee or any other person possessing the license card to deliver the same to the suspending or revoking court, or the Chief Administrator of the New Jersey Motor Vehicle Commission if so ordered, shall constitute a violation. A court that suspends or revokes a license shall promptly place the license card in the custody of the New Jersey Motor Vehicle Commission, except when the New Jersey Motor Vehicle Commission shall otherwise direct.
f.The New Jersey Motor Vehicle Commission shall have the exclusive power to restore a person's privilege to operate a power vessel and may restore that privilege after the person pays to the Chief Administrator of the New Jersey Motor Vehicle Commission a $100 restoration fee. Unless otherwise specified, whenever a license is revoked pursuant to this section a new license shall not be issued to the person whose license is revoked for at least six months after the date of such revocation, as determined by the Chief Administrator of the New Jersey Motor Vehicle Commission.
g.The court may revoke or suspend the privilege of a person to operate a power vessel if that person has been found to have violated section 3 of P.L.1975, c.369 (C.12:7C-9) or subsection b. of section 10 of P.L.1975, c.369 (C.12:7C-16), and all outstanding charges for vessel removal, storage, and destruction costs have not been satisfied.
L.1995, c.401, s.13; amended 2008, c.52, s.3.
12:7-83.Violations, penalties
14. a. A person whose privilege, including any license or numbering, to operate a power vessel or a vessel that is 12 feet or greater in length has been suspended, revoked or prohibited shall not operate such a vessel on the waters of this State.
b.A person violating subsection a. of this section shall be subject to the following penalties:
(1)upon conviction for a first offense, a fine of $500;
(2)upon conviction for a second offense, a fine of $750 and a term of imprisonment not to exceed five days;
(3)upon conviction for a third offense and each subsequent offense, a fine of $1,000 and a term of imprisonment not to exceed 10 days.
c. In addition to the penalties prescribed in subsection b. of this section, a court shall suspend or extend the suspension of the operating privileges, for a period not to exceed six months, of a person who violates subsection a. of this section.
d. In addition to the penalties prescribed in subsections b. and c. of this section, a court may impose a term of imprisonment not to exceed 45 days, if while operating a vessel in violation of subsection a. of this section a person causes an accident resulting in personal injury to another person.
e.In addition to the penalties prescribed in subsections b., c. and d. of this section, any person violating subsection a. of this section while under a suspension issued pursuant to section 3 of P.L.1952, c.157 (C.12:7-46) upon conviction shall be fined $500, shall have his privilege to operate a vessel suspended for an additional period of not less than one year nor more than two years, and may be imprisoned for a term not to exceed 90 days.
f.Any period of suspension imposed by a court under this section that would continue beyond September 30 of any calendar year shall be interrupted on that date and shall be completed after April 30 of the following year.
L.1995,c.401,s.14.
12:7-84.Payment of fines
15.All fines imposed under chapter 7 of Title 12 of the Revised Statutes shall be paid to the court imposing the fines. Within 30 days after receipt, the court shall then transmit such fines to the Treasurer of the State of New Jersey for deposit into the State General Fund.
13. a. A court may revoke or suspend the privilege of a person to operate a power vessel if that person has been convicted of homicide in connection with the operation of a motor vehicle or of operating a motor vehicle while under the influence of intoxicating liquor or a narcotic, hallucinogenic or habit producing drug.
b.A court may revoke or suspend the privilege of a person to operate a power vessel if that person has been charged with a homicide in connection with the operation of a motor vehicle or of operating a vessel or motor vehicle while under the influence of intoxicating liquor or a narcotic, hallucinogenic or habit producing drug, pending disposition of that charge, or for any other violation of any of the provisions of chapter 7 of Title 12 of the Revised Statutes or of any rule or regulation prescribed thereunder by the Chief Administrator of the New Jersey Motor Vehicle Commission or the commission.
c.A court shall revoke or suspend the privilege of a person to operate a power vessel if that person has been charged with or convicted of homicide in connection with the operation of a vessel.
d.When a person's privilege to operate a power vessel is revoked or suspended, that person shall have an opportunity to be heard. Attendance of witnesses to such hearing may be compelled by subpoena.
e.Failure of the licensee or any other person possessing the license card to deliver the same to the suspending or revoking court, or the Chief Administrator of the New Jersey Motor Vehicle Commission if so ordered, shall constitute a violation. A court that suspends or revokes a license shall promptly place the license card in the custody of the New Jersey Motor Vehicle Commission, except when the New Jersey Motor Vehicle Commission shall otherwise direct.
f.The New Jersey Motor Vehicle Commission shall have the exclusive power to restore a person's privilege to operate a power vessel and may restore that privilege after the person pays to the Chief Administrator of the New Jersey Motor Vehicle Commission a $100 restoration fee. Unless otherwise specified, whenever a license is revoked pursuant to this section a new license shall not be issued to the person whose license is revoked for at least six months after the date of such revocation, as determined by the Chief Administrator of the New Jersey Motor Vehicle Commission.
g.The court may revoke or suspend the privilege of a person to operate a power vessel if that person has been found to have violated section 3 of P.L.1975, c.369 (C.12:7C-9) or subsection b. of section 10 of P.L.1975, c.369 (C.12:7C-16), and all outstanding charges for vessel removal, storage, and destruction costs have not been satisfied.
L.1995, c.401, s.13; amended 2008, c.52, s.3.
12:7-83.Violations, penalties
14. a. A person whose privilege, including any license or numbering, to operate a power vessel or a vessel that is 12 feet or greater in length has been suspended, revoked or prohibited shall not operate such a vessel on the waters of this State.
b.A person violating subsection a. of this section shall be subject to the following penalties:
(1)upon conviction for a first offense, a fine of $500;
(2)upon conviction for a second offense, a fine of $750 and a term of imprisonment not to exceed five days;
(3)upon conviction for a third offense and each subsequent offense, a fine of $1,000 and a term of imprisonment not to exceed 10 days.
c. In addition to the penalties prescribed in subsection b. of this section, a court shall suspend or extend the suspension of the operating privileges, for a period not to exceed six months, of a person who violates subsection a. of this section.
d. In addition to the penalties prescribed in subsections b. and c. of this section, a court may impose a term of imprisonment not to exceed 45 days, if while operating a vessel in violation of subsection a. of this section a person causes an accident resulting in personal injury to another person.
e.In addition to the penalties prescribed in subsections b., c. and d. of this section, any person violating subsection a. of this section while under a suspension issued pursuant to section 3 of P.L.1952, c.157 (C.12:7-46) upon conviction shall be fined $500, shall have his privilege to operate a vessel suspended for an additional period of not less than one year nor more than two years, and may be imprisoned for a term not to exceed 90 days.
f.Any period of suspension imposed by a court under this section that would continue beyond September 30 of any calendar year shall be interrupted on that date and shall be completed after April 30 of the following year.
L.1995,c.401,s.14.
12:7-84.Payment of fines
15.All fines imposed under chapter 7 of Title 12 of the Revised Statutes shall be paid to the court imposing the fines. Within 30 days after receipt, the court shall then transmit such fines to the Treasurer of the State of New Jersey for deposit into the State General Fund.
39:4-203. General penalty for violations of chapter TRAFFIC TICKETS
39:4-203. General penalty for violations of chapter
For a violation of a provision of this chapter or any supplement thereto for which no specific penalty is provided, the offender shall be liable to a penalty of not more than $50.00 or imprisonment for a term not exceeding 15 days, or both; except that for a violation of a section of article 11, 13, 14 or 17 of this chapter or any supplement thereto for which no specific penalty is provided, the offender shall be liable to a penalty of not less than $50.00 or more than $200.00 or imprisonment for a term not exceeding 15 days, or both.
For a violation of a provision of this chapter or any supplement thereto for which no specific penalty is provided, the offender shall be liable to a penalty of not more than $50.00 or imprisonment for a term not exceeding 15 days, or both; except that for a violation of a section of article 11, 13, 14 or 17 of this chapter or any supplement thereto for which no specific penalty is provided, the offender shall be liable to a penalty of not less than $50.00 or more than $200.00 or imprisonment for a term not exceeding 15 days, or both.
NJAC 13:19-10.7 Court ruling
NJAC 13:19-10.7 Court ruling
The provisions of this subchapter shall not be affected by any revocation or suspension judicially imposed, except that no lesser period of revocation or suspension shall be imposed than that directed by the court.
Chapter Notes
The provisions of this subchapter shall not be affected by any revocation or suspension judicially imposed, except that no lesser period of revocation or suspension shall be imposed than that directed by the court.
Chapter Notes
NJAC 13:19-10.6 Restoration; official warning; completion of Driver Improvement or Probationary Driver Program
§ 13:19-10.6 Restoration; official warning; completion of Driver Improvement or Probationary Driver Program
(a) Persons whose licenses are restored after a suspension imposed under 13:19-10.2 or after a suspension imposed under this section, persons who are officially warned after an administrative hearing, and persons who successfully complete a Commission Driver Improvement Program or Probationary Driver Program may retain their licenses upon the express condition and understanding that any subsequent violation of the Motor Vehicle and Traffic Law of the State of New Jersey committed within one year of the restoration, official warning, or warning following successful completion of a Driver Improvement or Probationary Driver Program shall, except for good cause, result in suspension of driving privileges for the following periods:
1. When the subsequent violation occurs within six months of the date of the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--90 days;
2. When the subsequent violation occurs more than six months but less than nine months after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--60 days;
3. When the subsequent violation occurs more than nine months but less than one year after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--45 days.
(b) A second violation of the Motor Vehicle Laws committed within one year of the restoration, official warning or warning following successful completion of a Driver Improvement or Probationary Driver Program shall, except for good cause, result in suspension of driving privileges for the following periods:
1. When the second violation occurs within six months of the date of the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--180 days.
2. When the second violation occurs more than six months but less than nine months after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--120 days.
3. When the second violation occurs more than nine months but less than one year after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--90 days.
(c) Persons licensed on a probationary basis in accordance with N.J.S.A. 39:3-10b who have been subject to a license suspension action under (a) or (b) above may be required to successfully complete additional programs of driver rehabilitation within the discretion of the Chief Administrator.
HISTORY:
As amended, R.1983 d.360, effective September 6, 1983.
See: 15 New Jersey Register 1004(a), 15 New Jersey Register 1481(b).
Added new (b) and recodified old (b) as (c).
Amended by R.1994 d.468, effective September 19, 1994.
See: 26 New Jersey Register 2738(a), 26 New Jersey Register 3873(a).
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (a), substituted "Commission" for "Division" and inserted "and Traffic" following "Motor Vehicle" in the introductory paragraph; in (c), substituted "Chief Administrator" for "Director".
Chapter Notes
(a) Persons whose licenses are restored after a suspension imposed under 13:19-10.2 or after a suspension imposed under this section, persons who are officially warned after an administrative hearing, and persons who successfully complete a Commission Driver Improvement Program or Probationary Driver Program may retain their licenses upon the express condition and understanding that any subsequent violation of the Motor Vehicle and Traffic Law of the State of New Jersey committed within one year of the restoration, official warning, or warning following successful completion of a Driver Improvement or Probationary Driver Program shall, except for good cause, result in suspension of driving privileges for the following periods:
1. When the subsequent violation occurs within six months of the date of the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--90 days;
2. When the subsequent violation occurs more than six months but less than nine months after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--60 days;
3. When the subsequent violation occurs more than nine months but less than one year after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--45 days.
(b) A second violation of the Motor Vehicle Laws committed within one year of the restoration, official warning or warning following successful completion of a Driver Improvement or Probationary Driver Program shall, except for good cause, result in suspension of driving privileges for the following periods:
1. When the second violation occurs within six months of the date of the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--180 days.
2. When the second violation occurs more than six months but less than nine months after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--120 days.
3. When the second violation occurs more than nine months but less than one year after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--90 days.
(c) Persons licensed on a probationary basis in accordance with N.J.S.A. 39:3-10b who have been subject to a license suspension action under (a) or (b) above may be required to successfully complete additional programs of driver rehabilitation within the discretion of the Chief Administrator.
HISTORY:
As amended, R.1983 d.360, effective September 6, 1983.
See: 15 New Jersey Register 1004(a), 15 New Jersey Register 1481(b).
Added new (b) and recodified old (b) as (c).
Amended by R.1994 d.468, effective September 19, 1994.
See: 26 New Jersey Register 2738(a), 26 New Jersey Register 3873(a).
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (a), substituted "Commission" for "Division" and inserted "and Traffic" following "Motor Vehicle" in the introductory paragraph; in (c), substituted "Chief Administrator" for "Director".
Chapter Notes
NJAC 13:19-10.5 Reductions of point accumulation
§ 13:19-10.5 Reductions of point accumulation
Points recorded against the licensee shall be reduced in accordance with the provisions of N.J.S.A. 39:5-30.9.
HISTORY:
As amended, R.1983 d.360, effective September 6, 1983.
See: 15 New Jersey Register 1004(a), 15 New Jersey Register 1481(b).
Deleted old text and added new text.
Chapter Notes
Points recorded against the licensee shall be reduced in accordance with the provisions of N.J.S.A. 39:5-30.9.
HISTORY:
As amended, R.1983 d.360, effective September 6, 1983.
See: 15 New Jersey Register 1004(a), 15 New Jersey Register 1481(b).
Deleted old text and added new text.
Chapter Notes
NJAC 13:19-10.4 Advisory notice
§ 13:19-10.4 Advisory notice
(a) Whenever a person accumulates six or more points, the Commission shall send an official notice advising the motorist of such status.
(b) Whenever a person who is licensed on a probationary basis in accordance with N.J.S.A. 39:3-10b is first convicted of a motor vehicle violation requiring the assessment of points against the individual's driving record under 13:19-10.1, the Commission shall send an official notice advising the motorist of the status of the driving record.
HISTORY:
As amended, R.1983 d.360, effective September 6, 1983.
See: 15 New Jersey Register 1004(a), 15 New Jersey Register 1481(b).
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (b), deleted "(Point assessment)" following the N.J.A.C. reference; substituted "Commission" for "Division" throughout.
Chapter Notes
(a) Whenever a person accumulates six or more points, the Commission shall send an official notice advising the motorist of such status.
(b) Whenever a person who is licensed on a probationary basis in accordance with N.J.S.A. 39:3-10b is first convicted of a motor vehicle violation requiring the assessment of points against the individual's driving record under 13:19-10.1, the Commission shall send an official notice advising the motorist of the status of the driving record.
HISTORY:
As amended, R.1983 d.360, effective September 6, 1983.
See: 15 New Jersey Register 1004(a), 15 New Jersey Register 1481(b).
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (b), deleted "(Point assessment)" following the N.J.A.C. reference; substituted "Commission" for "Division" throughout.
Chapter Notes
NJAC 13:19-10.3 Driver improvement program attendance
§ 13:19-10.3 Driver improvement program attendance
(a) A person who is permitted to attend a driver improvement program of the Motor Vehicle Commission in total or partial satisfaction of suspension or revocation shall agree to attend each session of the assigned driver improvement program and to comply with all rules governing attendance, conduct, instruction, and examinations. A person who fails to comply with the foregoing requirements or who otherwise fails to successfully complete the assigned driver improvement program shall be subject to a driver license suspension for the period contained in the notice of proposed suspension. A person who successfully completes the assigned driver improvement program shall be officially warned with respect to future driving.
(b) A person whose driver license has been suspended, pursuant to 13:19-10.2 may be required to attend and successfully complete a driver improvement program of the Motor Vehicle Commission as a condition for restoration of the driver license.
(c) The fee for attendance at a Motor Vehicle Commission driver improvement program shall be $ 150.00.
(d) The Chief Administrator is authorized to exercise discretionary authority to require any person who is licensed on a probationary basis in accordance with N.J.S.A. 39:3-10b to attend a Probationary Driver Program whenever said person accumulates two or more violations of the motor vehicle law which result in the assessment of four or more points under 13:19-10.1.
(e) A person who is required to attend a Probationary Driver Program shall agree to attend each session of the program and to comply with all rules governing attendance, conduct, instruction, and examinations. A person who fails to comply with the foregoing requirements or who otherwise fails to successfully complete the Probationary Driver Program shall be subject to a driver license suspension for the period contained in the notice of proposed suspension. A person who successfully completes the Probationary Driver Program shall be officially warned with respect to future driving.
(f) The fee for attendance at a Motor Vehicle Commission probationary driver program shall be $ 150.00.
HISTORY:
As amended, R.1983 d.360, effective September 6, 1983.
See: 15 N.J.R. 1004(a), 15 N.J.R. 1481(b).
Increased driver improvement program fee from $ 20.00 to $ 40.00.
Amended by R.1994 d.468, effective September 19, 1994.
See: 26 N.J.R. 2738(a), 26 N.J.R. 3873(a).
Amended by R.1995 d.365, effective July 3, 1995.
See: 27 N.J.R. 1521(b), 27 N.J.R. 2592(b).
Increased the fees for attendance at the driver improvement program and probationary driver program from "$ 40.00" to "$ 100.00".
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 N.J.R. 4005(a), 37 N.J.R. 505(a).
In (b), deleted "(Point accumulation; periods of suspension)" following the N.J.A.C. reference; in (d), substituted "Chief Administrator" for "Director" and deleted "(Point assessment)" following the N.J.A.C. reference; substituted "Motor Vehicle Commission" for "Division of Motor Vehicles" throughout.
Amended by R.2009 d.219, effective July 6, 2009.
See: 41 N.J.R. 862(a), 41 N.J.R. 2681(a).
In (c) and (f), updated the fee amounts.
Chapter Notes
(a) A person who is permitted to attend a driver improvement program of the Motor Vehicle Commission in total or partial satisfaction of suspension or revocation shall agree to attend each session of the assigned driver improvement program and to comply with all rules governing attendance, conduct, instruction, and examinations. A person who fails to comply with the foregoing requirements or who otherwise fails to successfully complete the assigned driver improvement program shall be subject to a driver license suspension for the period contained in the notice of proposed suspension. A person who successfully completes the assigned driver improvement program shall be officially warned with respect to future driving.
(b) A person whose driver license has been suspended, pursuant to 13:19-10.2 may be required to attend and successfully complete a driver improvement program of the Motor Vehicle Commission as a condition for restoration of the driver license.
(c) The fee for attendance at a Motor Vehicle Commission driver improvement program shall be $ 150.00.
(d) The Chief Administrator is authorized to exercise discretionary authority to require any person who is licensed on a probationary basis in accordance with N.J.S.A. 39:3-10b to attend a Probationary Driver Program whenever said person accumulates two or more violations of the motor vehicle law which result in the assessment of four or more points under 13:19-10.1.
(e) A person who is required to attend a Probationary Driver Program shall agree to attend each session of the program and to comply with all rules governing attendance, conduct, instruction, and examinations. A person who fails to comply with the foregoing requirements or who otherwise fails to successfully complete the Probationary Driver Program shall be subject to a driver license suspension for the period contained in the notice of proposed suspension. A person who successfully completes the Probationary Driver Program shall be officially warned with respect to future driving.
(f) The fee for attendance at a Motor Vehicle Commission probationary driver program shall be $ 150.00.
HISTORY:
As amended, R.1983 d.360, effective September 6, 1983.
See: 15 N.J.R. 1004(a), 15 N.J.R. 1481(b).
Increased driver improvement program fee from $ 20.00 to $ 40.00.
Amended by R.1994 d.468, effective September 19, 1994.
See: 26 N.J.R. 2738(a), 26 N.J.R. 3873(a).
Amended by R.1995 d.365, effective July 3, 1995.
See: 27 N.J.R. 1521(b), 27 N.J.R. 2592(b).
Increased the fees for attendance at the driver improvement program and probationary driver program from "$ 40.00" to "$ 100.00".
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 N.J.R. 4005(a), 37 N.J.R. 505(a).
In (b), deleted "(Point accumulation; periods of suspension)" following the N.J.A.C. reference; in (d), substituted "Chief Administrator" for "Director" and deleted "(Point assessment)" following the N.J.A.C. reference; substituted "Motor Vehicle Commission" for "Division of Motor Vehicles" throughout.
Amended by R.2009 d.219, effective July 6, 2009.
See: 41 N.J.R. 862(a), 41 N.J.R. 2681(a).
In (c) and (f), updated the fee amounts.
Chapter Notes
NJAC 13:19-10.2 Point accumulation; period of suspension
§ 13:19-10.2 Point accumulation; period of suspension
(a) The Chief Administrator shall, except for good cause, suspend a person's license to operate a motor vehicle and/or motorized bicycle in accordance with the following schedule:
Points Accumulated Period of Suspension
1. 12 to 15 points in a period of two years
30 days
or less
2. 16 to 18 points in a period of two years
60 days
or less
3. 19 to 21 points in a period of two years
90 days
or less
4. 22 to 24 points in a period of two years
120 days
or less
5. 25 to 27 points in a period of two years
150 days
or less
6. 28 or more points in a period of two
not less than 180 days
years or less
7. 15 to 18 points in a period greater than
30 days
two years
8. 19 to 22 points in a period greater than
60 days
two years
9. 23 to 26 points in a period greater than
90 days
two years
10. 27 to 30 points in a period greater than
120 days
two years
11. 31 to 35 points in a period greater than
150 days
two years
12. 36 points in a period greater than two
not less than 180 days
years
13. 12 to 14 points in a period greater than
30 days
two years
(b) For good cause shown, the Chief Administrator may in his or her discretion permit a person to attend a driver improvement program of the Motor Vehicle Commission in total or partial satisfaction of a period of suspension imposed under (a) above. In exercising his or her discretion, the Chief Administrator shall consider the person's driving record, prior warnings or driver improvement program attendance, maturity and any other aggravating or mitigating factor.
HISTORY:
As amended, R.1983 d.360, effective September 6, 1983.
See: 15 New Jersey Register 1004(a), 15 New Jersey Register 1481(b).
Deleted old text and added new text.
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (a), substituted "Chief Administrator" for "Director" in the introductory paragraph; rewrote (b).
Chapter Notes
(a) The Chief Administrator shall, except for good cause, suspend a person's license to operate a motor vehicle and/or motorized bicycle in accordance with the following schedule:
Points Accumulated Period of Suspension
1. 12 to 15 points in a period of two years
30 days
or less
2. 16 to 18 points in a period of two years
60 days
or less
3. 19 to 21 points in a period of two years
90 days
or less
4. 22 to 24 points in a period of two years
120 days
or less
5. 25 to 27 points in a period of two years
150 days
or less
6. 28 or more points in a period of two
not less than 180 days
years or less
7. 15 to 18 points in a period greater than
30 days
two years
8. 19 to 22 points in a period greater than
60 days
two years
9. 23 to 26 points in a period greater than
90 days
two years
10. 27 to 30 points in a period greater than
120 days
two years
11. 31 to 35 points in a period greater than
150 days
two years
12. 36 points in a period greater than two
not less than 180 days
years
13. 12 to 14 points in a period greater than
30 days
two years
(b) For good cause shown, the Chief Administrator may in his or her discretion permit a person to attend a driver improvement program of the Motor Vehicle Commission in total or partial satisfaction of a period of suspension imposed under (a) above. In exercising his or her discretion, the Chief Administrator shall consider the person's driving record, prior warnings or driver improvement program attendance, maturity and any other aggravating or mitigating factor.
HISTORY:
As amended, R.1983 d.360, effective September 6, 1983.
See: 15 New Jersey Register 1004(a), 15 New Jersey Register 1481(b).
Deleted old text and added new text.
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
In (a), substituted "Chief Administrator" for "Director" in the introductory paragraph; rewrote (b).
Chapter Notes
§ 13:19-10.1 Point assessment
§ 13:19-10.1 Point assessment
Any person who is convicted of any of the following offenses, including offenses committed while operating a motorized bicycle, shall be assessed points for each conviction in accordance with the following schedule:
Section Number Offense Points
1. N.J.S.A. 27:23-29 Moving against traffic--New Jersey
2
Turnpike, Garden State Parkway, and
Atlantic City Expressway
2. N.J.S.A. 27:23-29 Improper passing--New Jersey
4
Turnpike, Garden State Parkway, and
Atlantic City Expressway
3. N.J.S.A. 27:23-29 Unlawful use of median strip--New
2
Jersey Turnpike, Garden State
Parkway, and Atlantic City Expressway
4. N.J.S.A. 39:3-20 Operating constructor vehicle in
3
excess of 45 mph
5. N.J.S.A. 39:4-14.3 Operating motorized bicycle on a
2
restricted highway
6. N.J.S.A. 39:4-14.3d More than one person on a motorized
2
bicycle
7. N.J.S.A. 39:4-35 Failure to yield to pedestrian in
2
crosswalk
8. N.J.S.A. 39:4-36 Failure to yield to pedestrian in
2
crosswalk; Passing a vehicle
yielding to pedestrian in crosswalk
9. N.J.S.A. 39:4-41 Driving through safety zone
2
10. N.J.S.A. 39:4-52 and 39:5C-1 Racing on highway
5
11. N.J.S.A. 39:4-55 Improper action or omission on
2
grades and curves
12. N.J.S.A. 39:4-57 Failure to observe direction of
2
officer
13. N.J.S.A. 39:4-66 Failure to stop vehicle before
2
crossing sidewalk
14. N.J.S.A. 39:4-66.1 Failure to yield to pedestrians or
2
vehicles while entering or leaving
highway
15. N.J.S.A. 39:4-66.2 Operating a motor vehicle on public
2
or private property to avoid a
traffic control signal or sign
16. N.J.S.A. 39:4-71 Operating a motor vehicle on a
2
sidewalk
17. N.J.S.A. 39:4-80 Failure to obey direction of officer
2
18. N.J.S.A. 39:4-81 Failure to observe traffic signals
2
19. N.J.S.A. 39:4-82 Failure to keep right
2
20. N.J.S.A. 39:4-82.1 Improper operating of vehicle on
2
divided highway or divider
21. N.J.S.A. 39:4-83 Failure to keep right at intersection
2
22. N.J.S.A. 39:4-84 Failure to pass right of vehicle
5
proceeding in opposite direction
23. N.J.S.A. 39:4-85 Improper passing on right or off
4
roadway
24. N.J.S.A. 39:4-85.1 Wrong way on a one-way street
2
25. N.J.S.A. 39:4-86 Improper passing in no passing zone
4
26. N.J.S.A. 39:4-87 Failure to yield to overtaking
2
vehicle
27. N.J.S.A. 39:4-88 Failure to observe traffic lanes
2
28. N.J.S.A. 39:4-89 Tailgating
5
29. N.J.S.A. 39:4-90 Failure to yield at intersection
2
30. N.J.S.A. 39:4-90.1 Failure to use proper entrances to
2
limited access highways
31. N.J.S.A. 39:4-91 and 39:4-92 Failure to yield to emergency
2
vehicles
32. N.J.S.A. 39:4-96 Reckless driving
5
33. N.J.S.A. 39:4-97 Careless driving
2
34. N.J.S.A. 39:4-97a Destruction of agricultural or
2
recreational property
35. N.J.S.A. 39:4-97.1 Slow speed blocking traffic
2
36. N.J.S.A. 39:4-97.2 Driving in an unsafe manner (points
4
only assessed for the third or
subsequent violation(s) within a
five year period)
37. N.J.S.A. 39:4-98 and 39:4-99 Exceeding maximum speed 1-14 mph
2
over limit
Exceeding maximum speed 15-29 mph
4
over limit
Exceeding maximum speed 30 mph or
5
more over limit
38. N.J.S.A. 39:4-105 Failure to stop for traffic light
2
39. N.J.S.A. 39:4-115 Improper turn at traffic light
3
40. N.J.S.A. 39:4-119 Failure to stop at flashing red
2
signal
41. N.J.S.A. 39:4-122 Failure to stop for police whistle
2
42. N.J.S.A. 39:4-123 Improper right or left turn
3
43. N.J.S.A. 39:4-124 Improper turn from approved turning
3
course
44. N.J.S.A. 39:4-125 Improper "U" turn
3
45. N.J.S.A. 39:4-126 Failure to give proper signal
2
46. N.J.S.A. 39:4-127 Improper backing or turning in street
2
47. N.J.S.A. 39:4-127.1 Improper crossing of railroad grade
2
crossing
48. N.J.S.A. 39:4-127.2 Improper crossing of bridge
2
49. N.J.S.A. 39:4-128 Improper crossing of railroad grade
2
crossing by certain vehicles
50. N.J.S.A. 39:4-128.1 Improper passing of school bus
5
51. N.J.S.A. 39:4-128.4 Improper passing of a frozen dessert
4
truck
52. N.J.S.A. 39:4-129 Leaving the scene of an accident
No personal injury
2
Personal injury
8
53. N.J.S.A. 39:4-144 Failure to observe "stop" or "yield"
2
signs
54. N.J.S.A. 39:5D-4 Moving violation Out-of-State
2
HISTORY:
As amended, R.1983 d.360, effective September 6, 1983.
See: 15 New Jersey Register 1004(a), 15 New Jersey Register 1481(b).
Old point assessment list deleted and new list added.
Amended by R.1985 d.599, effective November 18, 1985.
See: 17 New Jersey Register 2231(a), 17 New Jersey Register 2780(a).
Added new 34. Renumbered old 34 through 52 to 35 through 53.
Amended by R.1993 d.486, effective October 4, 1993.
See: 25 New Jersey Register 2646(a), 25 New Jersey Register 4599(b).
Amended by R.1994 d.468, effective September 19, 1994.
See: 26 New Jersey Register 2738(a), 26 New Jersey Register 3873(a).
Amended by R.2001 d.357, effective October 1, 2001.
See: 33 New Jersey Register 1340(b), 33 New Jersey Register 3453(b).
Added new 36; recodified old 36 through 53 as 37 through 54.
Administrative correction.
See: 33 New Jersey Register 3907(a).
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
Substituted "45" for "30" in Section Number 4 of the table.
Chapter Notes
Any person who is convicted of any of the following offenses, including offenses committed while operating a motorized bicycle, shall be assessed points for each conviction in accordance with the following schedule:
Section Number Offense Points
1. N.J.S.A. 27:23-29 Moving against traffic--New Jersey
2
Turnpike, Garden State Parkway, and
Atlantic City Expressway
2. N.J.S.A. 27:23-29 Improper passing--New Jersey
4
Turnpike, Garden State Parkway, and
Atlantic City Expressway
3. N.J.S.A. 27:23-29 Unlawful use of median strip--New
2
Jersey Turnpike, Garden State
Parkway, and Atlantic City Expressway
4. N.J.S.A. 39:3-20 Operating constructor vehicle in
3
excess of 45 mph
5. N.J.S.A. 39:4-14.3 Operating motorized bicycle on a
2
restricted highway
6. N.J.S.A. 39:4-14.3d More than one person on a motorized
2
bicycle
7. N.J.S.A. 39:4-35 Failure to yield to pedestrian in
2
crosswalk
8. N.J.S.A. 39:4-36 Failure to yield to pedestrian in
2
crosswalk; Passing a vehicle
yielding to pedestrian in crosswalk
9. N.J.S.A. 39:4-41 Driving through safety zone
2
10. N.J.S.A. 39:4-52 and 39:5C-1 Racing on highway
5
11. N.J.S.A. 39:4-55 Improper action or omission on
2
grades and curves
12. N.J.S.A. 39:4-57 Failure to observe direction of
2
officer
13. N.J.S.A. 39:4-66 Failure to stop vehicle before
2
crossing sidewalk
14. N.J.S.A. 39:4-66.1 Failure to yield to pedestrians or
2
vehicles while entering or leaving
highway
15. N.J.S.A. 39:4-66.2 Operating a motor vehicle on public
2
or private property to avoid a
traffic control signal or sign
16. N.J.S.A. 39:4-71 Operating a motor vehicle on a
2
sidewalk
17. N.J.S.A. 39:4-80 Failure to obey direction of officer
2
18. N.J.S.A. 39:4-81 Failure to observe traffic signals
2
19. N.J.S.A. 39:4-82 Failure to keep right
2
20. N.J.S.A. 39:4-82.1 Improper operating of vehicle on
2
divided highway or divider
21. N.J.S.A. 39:4-83 Failure to keep right at intersection
2
22. N.J.S.A. 39:4-84 Failure to pass right of vehicle
5
proceeding in opposite direction
23. N.J.S.A. 39:4-85 Improper passing on right or off
4
roadway
24. N.J.S.A. 39:4-85.1 Wrong way on a one-way street
2
25. N.J.S.A. 39:4-86 Improper passing in no passing zone
4
26. N.J.S.A. 39:4-87 Failure to yield to overtaking
2
vehicle
27. N.J.S.A. 39:4-88 Failure to observe traffic lanes
2
28. N.J.S.A. 39:4-89 Tailgating
5
29. N.J.S.A. 39:4-90 Failure to yield at intersection
2
30. N.J.S.A. 39:4-90.1 Failure to use proper entrances to
2
limited access highways
31. N.J.S.A. 39:4-91 and 39:4-92 Failure to yield to emergency
2
vehicles
32. N.J.S.A. 39:4-96 Reckless driving
5
33. N.J.S.A. 39:4-97 Careless driving
2
34. N.J.S.A. 39:4-97a Destruction of agricultural or
2
recreational property
35. N.J.S.A. 39:4-97.1 Slow speed blocking traffic
2
36. N.J.S.A. 39:4-97.2 Driving in an unsafe manner (points
4
only assessed for the third or
subsequent violation(s) within a
five year period)
37. N.J.S.A. 39:4-98 and 39:4-99 Exceeding maximum speed 1-14 mph
2
over limit
Exceeding maximum speed 15-29 mph
4
over limit
Exceeding maximum speed 30 mph or
5
more over limit
38. N.J.S.A. 39:4-105 Failure to stop for traffic light
2
39. N.J.S.A. 39:4-115 Improper turn at traffic light
3
40. N.J.S.A. 39:4-119 Failure to stop at flashing red
2
signal
41. N.J.S.A. 39:4-122 Failure to stop for police whistle
2
42. N.J.S.A. 39:4-123 Improper right or left turn
3
43. N.J.S.A. 39:4-124 Improper turn from approved turning
3
course
44. N.J.S.A. 39:4-125 Improper "U" turn
3
45. N.J.S.A. 39:4-126 Failure to give proper signal
2
46. N.J.S.A. 39:4-127 Improper backing or turning in street
2
47. N.J.S.A. 39:4-127.1 Improper crossing of railroad grade
2
crossing
48. N.J.S.A. 39:4-127.2 Improper crossing of bridge
2
49. N.J.S.A. 39:4-128 Improper crossing of railroad grade
2
crossing by certain vehicles
50. N.J.S.A. 39:4-128.1 Improper passing of school bus
5
51. N.J.S.A. 39:4-128.4 Improper passing of a frozen dessert
4
truck
52. N.J.S.A. 39:4-129 Leaving the scene of an accident
No personal injury
2
Personal injury
8
53. N.J.S.A. 39:4-144 Failure to observe "stop" or "yield"
2
signs
54. N.J.S.A. 39:5D-4 Moving violation Out-of-State
2
HISTORY:
As amended, R.1983 d.360, effective September 6, 1983.
See: 15 New Jersey Register 1004(a), 15 New Jersey Register 1481(b).
Old point assessment list deleted and new list added.
Amended by R.1985 d.599, effective November 18, 1985.
See: 17 New Jersey Register 2231(a), 17 New Jersey Register 2780(a).
Added new 34. Renumbered old 34 through 52 to 35 through 53.
Amended by R.1993 d.486, effective October 4, 1993.
See: 25 New Jersey Register 2646(a), 25 New Jersey Register 4599(b).
Amended by R.1994 d.468, effective September 19, 1994.
See: 26 New Jersey Register 2738(a), 26 New Jersey Register 3873(a).
Amended by R.2001 d.357, effective October 1, 2001.
See: 33 New Jersey Register 1340(b), 33 New Jersey Register 3453(b).
Added new 36; recodified old 36 through 53 as 37 through 54.
Administrative correction.
See: 33 New Jersey Register 3907(a).
Amended by R.2005 d.47, effective February 7, 2005.
See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).
Substituted "45" for "30" in Section Number 4 of the table.
Chapter Notes
17:29C-7 Notice of cancellation; reasons.
17:29C-7 Notice of cancellation; reasons.
2. (A) A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons:
(a)Nonpayment of premium or nonpayment of a residual market equalization charge imposed pursuant to the provisions of section 20 of P.L.1983, c.65 (C.17:30E-8); or
(b)The driver's license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under the policy has been under suspension or revocation during the policy period or, if the policy is a renewal, during its policy period; or
(c)Knowingly providing materially false or misleading information in connection with any application for insurance, renewal of insurance or claim for benefits under an insurance policy; or
(d)The insurer determines, within 60 days of issuance of the policy, that the named insurer does not meet the approved underwriting rules of the insured then in effect.
(B) (Deleted by amendment, P.L.2003, c.89.)
(C) (Deleted by amendment, P.L.2003, c.89.)
(D) This section shall not apply to nonrenewal.
(E) Nothing in this section shall be interpreted to limit the ability of an insurer to void a policy ab initio as otherwise provided by law.
(F) The commissioner shall adopt rules and regulations necessary or appropriate to effectuate the purposes of this section.
L.1968,c.158,s.2; amended 1988, c.119, s.27; 2003, c.89, s.61.
17:29C-7.1. Refusal to renew, conditions
26. a. Notwithstanding the provisions of section 3 of P.L.1972, c.70 (C.39:6A-3), a licensed insurer may, in accordance with subsections b. and c. of this section, refuse to renew a policy of private passenger automobile insurance that provides coverage required to be maintained pursuant to P.L.1972, c.70 (C.39:6A-1 et seq.), except that no insurer shall refuse to renew a policy pursuant to subsections b. and c. of this section:
(1) in an amount in excess of 20% of the entire private passenger automobile insurance book of business of any one producer in force with the insurer at the end of the previous calendar year. For purposes of this paragraph, "producer" means a person licensed pursuant to P.L.1987, c.293 (C.17:22A-1 et seq.), who earned $10,000 or more from the insurer in the prior calendar year; and
(2) unless the insured or operator insured under the policy in the five years immediately preceding renewal has had at least two of the following or any combination thereof: (a) an at-fault accident; or (b) a moving violation which was assessed at least four automobile insurance eligibility points; or (c) had been required, but failed, to maintain coverage mandated by section 4 of P.L.1972, c.70 (C.39:6A-4) without lapse.
b. For each calendar year period, an insurer may issue notices of intention not to renew an automobile insurance policy in the voluntary market in an amount not to exceed 2% of the total number of voluntary market automobile insurance policies of the insurer, rounded to the nearest whole number, which are in force at the end of the previous calendar year in each of the insurer's rating territories in use in this State.
c. For every two newly insured automobiles which an insurer voluntarily writes in each territory during each calendar year period, the insurer shall be permitted to refuse to renew insurance on one additional automobile in that territory in excess of the 2% limitation established by subsection b. of this section, subject to a fair and nondiscriminatory formula developed by rule or regulation of the commissioner. The provisions of this subsection shall only apply to an insurer whose aggregate voluntary market share in an automobile insurance urban enterprise zone is reasonably proportionate to the insurer's voluntary Statewide market share as determined by the commissioner by regulation or in a rating territory in which the insurer demonstrates growth in the aggregate number of in-force exposures.
d. The provisions of this section shall not apply to any cancellation made pursuant to subsection (A) of section 2 of P.L.1968, c.158 (C.17:29C-7).
e. (Deleted by amendment, P.L.1997, c.151.)
f. Nothing in this section shall prohibit an insurer from refusing to renew, in addition to nonrenewals permitted in subsections b. and c. of this section, the policy of any insured who has: (1) provided false or misleading information in connection with any application for insurance, renewal of insurance or claim for benefits under an insurance policy; or (2) who has failed to provide, after written request by an insurer, the minimum information necessary to accurately rate the policy under terms and conditions set forth by the commissioner in regulations .
L.1988,c.119,s.26; amended 1997, c.151, s.27..
17:29C-8. Time for notice
No notice of cancellation of a policy to which section 2 applies shall be effective unless mailed or delivered by the insurer to the named insured at least 20 days prior to the effective date of cancellation; provided, however, that where cancellation is for nonpayment of premium at least 15 days' notice of cancellation accompanied by the reason therefor shall be given. Unless the reason accompanies or is included in the notice of cancellation, the notice of cancellation shall state or be accompanied by a statement that upon written request of the named insured, mailed or delivered to the insurer not less than 15 days prior to the effective date of cancellation, the insurer will specify the reason for such cancellation.
This section shall not apply to nonrenewal.
2. (A) A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons:
(a)Nonpayment of premium or nonpayment of a residual market equalization charge imposed pursuant to the provisions of section 20 of P.L.1983, c.65 (C.17:30E-8); or
(b)The driver's license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under the policy has been under suspension or revocation during the policy period or, if the policy is a renewal, during its policy period; or
(c)Knowingly providing materially false or misleading information in connection with any application for insurance, renewal of insurance or claim for benefits under an insurance policy; or
(d)The insurer determines, within 60 days of issuance of the policy, that the named insurer does not meet the approved underwriting rules of the insured then in effect.
(B) (Deleted by amendment, P.L.2003, c.89.)
(C) (Deleted by amendment, P.L.2003, c.89.)
(D) This section shall not apply to nonrenewal.
(E) Nothing in this section shall be interpreted to limit the ability of an insurer to void a policy ab initio as otherwise provided by law.
(F) The commissioner shall adopt rules and regulations necessary or appropriate to effectuate the purposes of this section.
L.1968,c.158,s.2; amended 1988, c.119, s.27; 2003, c.89, s.61.
17:29C-7.1. Refusal to renew, conditions
26. a. Notwithstanding the provisions of section 3 of P.L.1972, c.70 (C.39:6A-3), a licensed insurer may, in accordance with subsections b. and c. of this section, refuse to renew a policy of private passenger automobile insurance that provides coverage required to be maintained pursuant to P.L.1972, c.70 (C.39:6A-1 et seq.), except that no insurer shall refuse to renew a policy pursuant to subsections b. and c. of this section:
(1) in an amount in excess of 20% of the entire private passenger automobile insurance book of business of any one producer in force with the insurer at the end of the previous calendar year. For purposes of this paragraph, "producer" means a person licensed pursuant to P.L.1987, c.293 (C.17:22A-1 et seq.), who earned $10,000 or more from the insurer in the prior calendar year; and
(2) unless the insured or operator insured under the policy in the five years immediately preceding renewal has had at least two of the following or any combination thereof: (a) an at-fault accident; or (b) a moving violation which was assessed at least four automobile insurance eligibility points; or (c) had been required, but failed, to maintain coverage mandated by section 4 of P.L.1972, c.70 (C.39:6A-4) without lapse.
b. For each calendar year period, an insurer may issue notices of intention not to renew an automobile insurance policy in the voluntary market in an amount not to exceed 2% of the total number of voluntary market automobile insurance policies of the insurer, rounded to the nearest whole number, which are in force at the end of the previous calendar year in each of the insurer's rating territories in use in this State.
c. For every two newly insured automobiles which an insurer voluntarily writes in each territory during each calendar year period, the insurer shall be permitted to refuse to renew insurance on one additional automobile in that territory in excess of the 2% limitation established by subsection b. of this section, subject to a fair and nondiscriminatory formula developed by rule or regulation of the commissioner. The provisions of this subsection shall only apply to an insurer whose aggregate voluntary market share in an automobile insurance urban enterprise zone is reasonably proportionate to the insurer's voluntary Statewide market share as determined by the commissioner by regulation or in a rating territory in which the insurer demonstrates growth in the aggregate number of in-force exposures.
d. The provisions of this section shall not apply to any cancellation made pursuant to subsection (A) of section 2 of P.L.1968, c.158 (C.17:29C-7).
e. (Deleted by amendment, P.L.1997, c.151.)
f. Nothing in this section shall prohibit an insurer from refusing to renew, in addition to nonrenewals permitted in subsections b. and c. of this section, the policy of any insured who has: (1) provided false or misleading information in connection with any application for insurance, renewal of insurance or claim for benefits under an insurance policy; or (2) who has failed to provide, after written request by an insurer, the minimum information necessary to accurately rate the policy under terms and conditions set forth by the commissioner in regulations .
L.1988,c.119,s.26; amended 1997, c.151, s.27..
17:29C-8. Time for notice
No notice of cancellation of a policy to which section 2 applies shall be effective unless mailed or delivered by the insurer to the named insured at least 20 days prior to the effective date of cancellation; provided, however, that where cancellation is for nonpayment of premium at least 15 days' notice of cancellation accompanied by the reason therefor shall be given. Unless the reason accompanies or is included in the notice of cancellation, the notice of cancellation shall state or be accompanied by a statement that upon written request of the named insured, mailed or delivered to the insurer not less than 15 days prior to the effective date of cancellation, the insurer will specify the reason for such cancellation.
This section shall not apply to nonrenewal.
10-27-09 BERKELEY SQUARE ASSOCIATION, INC. v. ZONING
10-27-09 BERKELEY SQUARE ASSOCIATION, INC. v. ZONING
BOARD OF ADJUSTMENT OF THE CITY OF TRENTON, ET AL.
A-2389-08T1
After property owner satisfies its burden of proving the
existence of a nonconforming use at the time a zoning ordinance
was amended, the objector to issuance of permits for
rehabilitation of building as a nonconforming use has the burden
of going forward on issue of abandonment before property owner
must meet its burden of persuasion as to continuation of the
nonconforming use.
Assistant Editor: Umair Hussain
BOARD OF ADJUSTMENT OF THE CITY OF TRENTON, ET AL.
A-2389-08T1
After property owner satisfies its burden of proving the
existence of a nonconforming use at the time a zoning ordinance
was amended, the objector to issuance of permits for
rehabilitation of building as a nonconforming use has the burden
of going forward on issue of abandonment before property owner
must meet its burden of persuasion as to continuation of the
nonconforming use.
Assistant Editor: Umair Hussain
10-27-09 DARST v. BLAIRSTOWN TOWNSHIP
10-27-09 CARL AND DELLA DARST v. BLAIRSTOWN TOWNSHIP
ZONING BOARD OF ADJUSTMENT
A-0308-08T3
Although a land use board ordinarily may not impose
aesthetic conditions upon a site plan, we sustain their
imposition in the context of this bifurcated application. We do
so because the use variance the Board of Adjustment had granted
earlier to the applicants was founded upon "special reasons"
that included certain positive aesthetic factors relating to the
placement of self-storage containers on the property. The Board
relied upon the applicants' representations in the use variance
phase that they would install rows of a certain kind of
container near the front of the property, and the Board was
justified in rejecting the applicants' later attempt in the site
plan phase to substitute a different kind of container that
comparatively had visual drawbacks.
We invalidate, however, the Board's attempt to shorten the
two-year period assured to the applicants under N.J.S.A. 40:55D-
52 for completing paving, landscaping and other "conditions
subsequent" to the approved site plan.
Assistant Editor: Umair Hussain
ZONING BOARD OF ADJUSTMENT
A-0308-08T3
Although a land use board ordinarily may not impose
aesthetic conditions upon a site plan, we sustain their
imposition in the context of this bifurcated application. We do
so because the use variance the Board of Adjustment had granted
earlier to the applicants was founded upon "special reasons"
that included certain positive aesthetic factors relating to the
placement of self-storage containers on the property. The Board
relied upon the applicants' representations in the use variance
phase that they would install rows of a certain kind of
container near the front of the property, and the Board was
justified in rejecting the applicants' later attempt in the site
plan phase to substitute a different kind of container that
comparatively had visual drawbacks.
We invalidate, however, the Board's attempt to shorten the
two-year period assured to the applicants under N.J.S.A. 40:55D-
52 for completing paving, landscaping and other "conditions
subsequent" to the approved site plan.
Assistant Editor: Umair Hussain
Tuesday, October 27, 2009
17:29A-36 Contents of filing for automotive insurance rate making.
17:29A-36 Contents of filing for automotive insurance rate making.
7. a. Any filing made for the purpose of automobile insurance rate making shall indicate the actual rate needs of the filer; provided, however, that (a) each filer's rate classification definitions, as used by that filer, shall be uniform Statewide; (b) the automobile insurance rate charged an insured shall not exceed two and one-half times the filer's territorial base rate for each coverage, exclusive of driving record surcharges and discounts; and (c) the automobile insurance rate of the base class in any territory for any filer shall not exceed 1.35 times the filer's Statewide average base rate for each coverage, exclusive of driving record surcharges and discounts for any basic policy issued or renewed at any time and for any standard policy issued or renewed before January 1, 2000 or the 180th day following approval of the common territorial rating plan pursuant to section 28 of P.L.1998, c.21 (C.17:29A-50), whichever first occurs.
b.No rating plan or rate filing applicable to any policy issued or renewed on or after January 1, 2000 or the 180th day following the approval of the common territorial rating plan provided for in sections 27 and 28 of P.L.1998, c.21 (C.17:29A-49 and C.17:29A-50), whichever first occurs, shall be approved by the commissioner which creates territorial relativities which are significantly disproportionate to those in effect as of the effective date of P.L.1998, c.21 (C.39:6A-1.1 et al.).
c.The automobile insurance rate of an automobile whose principal operator is 65 years of age or older shall not exceed one and one-quarter times the Statewide average rate for principal operators 65 years of age or older for each coverage, exclusive of driving record surcharges and discounts; provided, however, that no filer shall increase rates for principal operators 65 years of age or older as a result of the implementation of this section unless more than 50% of its insureds are principal operators 65 years of age or older.
d.As a result of the filings made pursuant to sections 26 and 27 of P.L.1998, c.21 (C.17:29A-48 and C.17:29A-49) and subsections a., b. and c. of this section, the filer's aggregate premium for all territories shall not exceed the filer's aggregate premium in effect prior to the date established in subsection b. of this section.
As used in this section, base rate means the automobile insurance rate charged for an automobile that is not used in business and not used in going to and from work, except for the going to and from work distance included in the pleasure use classification of the filer, and where there is no youthful operator, as defined in the filer's classification system. The base rate class shall not include automobiles to which discounts apply under the filer's classification system, including, but not limited to, farmers' and senior citizens' automobiles or any discount from a standard rate provided for in the filer's tier rating system.
The provisions of this section shall be implemented after the implementation of the provisions of subsection a. of section 8 of P.L.1983, c.65 (C. 17:29A-37).
L.1983,c.65,s.7; amended 1998, c.21, s.29; 1998, c.22, s.6.
17:29A-36.1. Seat belt usage study
The Commissioner of Insurance shall, within 365 days from the effective date of this act, study and determine the impact of P.L. 1984, c. 179 (C. 39:3-76.2e et seq.), on the loss experience for personal injury protection and bodily injury liability coverages for private passenger automobile insurance. If the commissioner determines that the personal injury protection premiums and bodily injury liability premiums for private passenger automobile insurance should be reduced as a result of the impact of the adoption of P.L. 1984, c. 179 (C. 39:3-76.2e et seq.) upon the loss experience for these coverages, the commissioner shall issue an order requiring that the rating plans of all insurers writing private passenger automobile insurance in this State be modified accordingly.
L. 1986, c. 133, s. 1, eff. Oct. 20, 1986.
17:29A-36.2. Regulations
a. Within 180 days of the effective date of this section, the commissioner shall promulgate regulations providing the following with regard to private passenger automobile insurance:
(1) Rate filing data and information specifications in a standard format;
(2)(a) A standard ratemaking methodology, and
(b) Uniform standards on ratemaking methodologies, data compilation, data evaluation and data submission;
(3) Standards of efficiency and other standards of measure based upon industrywide aggregate averages and other relevant data and factors to be utilized in the review and evaluation of the loss, expense and financial data contained in a rate filing; and
(4) The format, data specifications and other requirements for any informational filings made pursuant to subsection b. of this section.
b. Notwithstanding any provision of law to the contrary, on July 1, 1989 and annually thereafter, every insurer writing private passenger automobile insurance in this State shall make an informational filing on their private passenger automobile insurance with the commissioner regardless of whether they file for an adjustment in their automobile insurance rates.
7. a. Any filing made for the purpose of automobile insurance rate making shall indicate the actual rate needs of the filer; provided, however, that (a) each filer's rate classification definitions, as used by that filer, shall be uniform Statewide; (b) the automobile insurance rate charged an insured shall not exceed two and one-half times the filer's territorial base rate for each coverage, exclusive of driving record surcharges and discounts; and (c) the automobile insurance rate of the base class in any territory for any filer shall not exceed 1.35 times the filer's Statewide average base rate for each coverage, exclusive of driving record surcharges and discounts for any basic policy issued or renewed at any time and for any standard policy issued or renewed before January 1, 2000 or the 180th day following approval of the common territorial rating plan pursuant to section 28 of P.L.1998, c.21 (C.17:29A-50), whichever first occurs.
b.No rating plan or rate filing applicable to any policy issued or renewed on or after January 1, 2000 or the 180th day following the approval of the common territorial rating plan provided for in sections 27 and 28 of P.L.1998, c.21 (C.17:29A-49 and C.17:29A-50), whichever first occurs, shall be approved by the commissioner which creates territorial relativities which are significantly disproportionate to those in effect as of the effective date of P.L.1998, c.21 (C.39:6A-1.1 et al.).
c.The automobile insurance rate of an automobile whose principal operator is 65 years of age or older shall not exceed one and one-quarter times the Statewide average rate for principal operators 65 years of age or older for each coverage, exclusive of driving record surcharges and discounts; provided, however, that no filer shall increase rates for principal operators 65 years of age or older as a result of the implementation of this section unless more than 50% of its insureds are principal operators 65 years of age or older.
d.As a result of the filings made pursuant to sections 26 and 27 of P.L.1998, c.21 (C.17:29A-48 and C.17:29A-49) and subsections a., b. and c. of this section, the filer's aggregate premium for all territories shall not exceed the filer's aggregate premium in effect prior to the date established in subsection b. of this section.
As used in this section, base rate means the automobile insurance rate charged for an automobile that is not used in business and not used in going to and from work, except for the going to and from work distance included in the pleasure use classification of the filer, and where there is no youthful operator, as defined in the filer's classification system. The base rate class shall not include automobiles to which discounts apply under the filer's classification system, including, but not limited to, farmers' and senior citizens' automobiles or any discount from a standard rate provided for in the filer's tier rating system.
The provisions of this section shall be implemented after the implementation of the provisions of subsection a. of section 8 of P.L.1983, c.65 (C. 17:29A-37).
L.1983,c.65,s.7; amended 1998, c.21, s.29; 1998, c.22, s.6.
17:29A-36.1. Seat belt usage study
The Commissioner of Insurance shall, within 365 days from the effective date of this act, study and determine the impact of P.L. 1984, c. 179 (C. 39:3-76.2e et seq.), on the loss experience for personal injury protection and bodily injury liability coverages for private passenger automobile insurance. If the commissioner determines that the personal injury protection premiums and bodily injury liability premiums for private passenger automobile insurance should be reduced as a result of the impact of the adoption of P.L. 1984, c. 179 (C. 39:3-76.2e et seq.) upon the loss experience for these coverages, the commissioner shall issue an order requiring that the rating plans of all insurers writing private passenger automobile insurance in this State be modified accordingly.
L. 1986, c. 133, s. 1, eff. Oct. 20, 1986.
17:29A-36.2. Regulations
a. Within 180 days of the effective date of this section, the commissioner shall promulgate regulations providing the following with regard to private passenger automobile insurance:
(1) Rate filing data and information specifications in a standard format;
(2)(a) A standard ratemaking methodology, and
(b) Uniform standards on ratemaking methodologies, data compilation, data evaluation and data submission;
(3) Standards of efficiency and other standards of measure based upon industrywide aggregate averages and other relevant data and factors to be utilized in the review and evaluation of the loss, expense and financial data contained in a rate filing; and
(4) The format, data specifications and other requirements for any informational filings made pursuant to subsection b. of this section.
b. Notwithstanding any provision of law to the contrary, on July 1, 1989 and annually thereafter, every insurer writing private passenger automobile insurance in this State shall make an informational filing on their private passenger automobile insurance with the commissioner regardless of whether they file for an adjustment in their automobile insurance rates.
17:29A-35.1. Surcharge debts of driver extinguished upon death
17:29A-35.1. Surcharge debts of driver extinguished upon death
1.Notwithstanding the provisions or any law, rule or regulation to the contrary, upon the death of a driver on whom surcharges have been levied by the Division of Motor Vehicles pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35), any debt established by the imposition of those surcharges is extinguished and the division, or any agent or representative thereof, shall cease to seek payment of that debt.
Whenever the division is unable to obtain a death certificate from a person representing the estate of any driver on whom surcharges have been levied and who was a resident of the State, the division shall obtain a copy of the death certificate by contacting the State registrar of vital statistics in the Department of Health and Senior Services and, in these cases, the division shall not require the estate of the driver to furnish a death certificate.
1.Notwithstanding the provisions or any law, rule or regulation to the contrary, upon the death of a driver on whom surcharges have been levied by the Division of Motor Vehicles pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35), any debt established by the imposition of those surcharges is extinguished and the division, or any agent or representative thereof, shall cease to seek payment of that debt.
Whenever the division is unable to obtain a death certificate from a person representing the estate of any driver on whom surcharges have been levied and who was a resident of the State, the division shall obtain a copy of the death certificate by contacting the State registrar of vital statistics in the Department of Health and Senior Services and, in these cases, the division shall not require the estate of the driver to furnish a death certificate.
17:29A-35 Motor Vehicle Violations Surcharge System.
17:29A-35 Motor Vehicle Violations Surcharge System.
6. a. (Deleted by amendment, P.L.1997, c.151.)
b.There is created a Motor Vehicle Violations Surcharge System which shall apply to all drivers and shall include, but not be limited to, the following provisions:
(1) (a) Surcharges shall be levied, beginning on or after January 1, 1984, by the New Jersey Motor Vehicle Commission (hereinafter the "commission") established by section 4 of P.L.2003, c.13 (C.39:2A-4) on any driver who, in the preceding 36-month period, has accumulated six or more motor vehicle points, as provided in Title 39 of the Revised Statutes; except that the allowance for a reduction of points in Title 39 of the Revised Statutes shall not apply for the purpose of determining surcharges under this paragraph. The accumulation of points shall be calculated as of the date the point violation is posted to the driver history record and shall be levied pursuant to rules promulgated by the commission. Surcharges assessed pursuant to this paragraph shall be $150.00 for six points, and $25.00 for each additional point. No offense shall be selected for billing which occurred prior to February 10, 1983. No offense shall be considered for billing in more than three annual assessments.
(b)(Deleted by amendment, P.L.1984, c.1.)
(2) (a) Surcharges shall be levied pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) for each offense of unsafe driving under subsection a. of that section.
(b)Surcharges shall be levied for convictions (i) under R.S.39:4-50 for violations occurring on or after February 10, 1983, and (ii) under section 2 of P.L.1981, c.512 (C.39:4-50.4a), or for offenses committed in other jurisdictions of a substantially similar nature to those under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), for violations occurring on or after January 26, 1984. Except as hereinafter provided, surcharges under this subparagraph (b) shall be levied annually for a three-year period, and shall be $1,000.00 per year for each of the first two convictions, for a total surcharge of $3,000 for each conviction, and $1,500.00 per year for the third conviction occurring within a three-year period, for a total surcharge of $4,500 for the third conviction. If a driver is convicted under both R.S.39:4-50 and section 2 of P.L.1981, c.512 (C.39:4-50.4a) for offenses arising out of the same incident, the driver shall be assessed only one surcharge for the two offenses.
If, upon written notification from the commission or its designee, mailed to the last address of record with the commission, a driver fails to pay a surcharge levied under this section and collectible by the commission, the driving privilege of the driver shall be suspended forthwith until at least five percent of each outstanding surcharge assessment that has resulted in suspension is paid to the commission; except that the commission may authorize payment of the surcharge on an installment basis over a period of 12 months for assessments under $2,300 or 24 months for assessments of $2,300 or more. The commission, for good cause, may authorize payment of any surcharge on an installment basis over a period not to exceed 36 months. If a driver fails to pay the surcharge or any installments on the surcharge, the total surcharge shall become due immediately, except as otherwise prescribed by rule of the commission.
The commission may authorize any person to pay the surcharge levied under this section and collectible by the commission by use of a credit card, debit card or other electronic payment device, and the administrator is authorized to require the person to pay all costs incurred by the commission in connection with the acceptance of the credit card, debit card or other electronic payment device. If a surcharge or related administrative fee is paid by credit or debit cards or any other electronic payment device and the amount is subsequently reversed by the credit card company or bank, the driving privilege of the surcharged driver shall be suspended and the driver shall be subject to the fee imposed for dishonored checks pursuant to section 31 of P.L.1994, c.60 (C.39:5-36.1).
In addition to any other remedy provided by law, the commission is authorized to utilize the provisions of the SOIL (Set off of Individual Liability) program established pursuant to P.L.1981, c.239 (C.54A:9-8.1 et seq.) to collect any surcharge levied under this section and collectible by the commission that is unpaid on or after the effective date of this act. As an additional remedy, the commission may issue a certificate to the Clerk of the Superior Court stating that the person identified in the certificate is indebted under this surcharge law in such amount as shall be stated in the certificate. The certificate shall reference the statute under which the indebtedness arises. Thereupon the clerk to whom such certificate shall have been issued shall immediately enter upon the record of docketed judgments the name of such person as debtor; the State as creditor; the address of such person, if shown in the certificate; the amount of the debt so certified; a reference to the statute under which the surcharge is assessed, and the date of making such entries. The docketing of the entries shall have the same force and effect as a civil judgment docketed in the Superior Court, and the commission shall have all the remedies and may take all of the proceedings for the collection thereof which may be had or taken upon the recovery of a judgment in an action, but without prejudice to any right of appeal. Upon entry by the clerk of the certificate in the record of docketed judgments in accordance with this provision, interest in the amount specified by the court rules for post-judgment interest shall accrue from the date of the docketing of the certificate, however payment of the interest may be waived by the commission or its designee. In the event that the surcharge remains unpaid following the issuance of the certificate of debt and the commission takes any further collection action including referral of the matter to the Attorney General or his designee, the fee imposed, in lieu of the actual cost of collection, may be 20 percent of surcharges of $1,000 or more. The administrator or his designee may establish a sliding scale, not to exceed a maximum amount of $200, for surcharge principal amounts of less than $1,000 at the time the certificate of debt is forwarded to the Superior Court for filing. The commission shall provide written notification to a driver of the proposed filing of the certificate of debt at least 10 days prior to the proposed filing; such notice shall be mailed to the driver's last address of record with the commission. Upon the filing of a certificate of debt with the Clerk of the Superior Court, the surcharged driver shall not be eligible for the restoration of his driving privilege until at least five percent of each outstanding surcharge assessment that has resulted in the suspension, including interest and costs, if any, is paid to the commission. If a certificate of debt is satisfied following a credit card payment, debit card payment or payment by other electronic payment device and that payment is reversed, a new certificate of debt shall be filed against the surcharged driver unless the original is reinstated.
If the administrator or his designee approves a special payment plan, of such duration as the administrator or his designee deems appropriate, for repayment of the certificate of debt, and the driver is complying with the approved plan, the plan may be continued for any new surcharge not part of the certificate of debt.
All moneys collectible by the commission under subparagraph (b) of paragraph (2) of this subsection b. shall be billed and collected by the commission except as provided in P.L.1997, c.280 (C.2B:19-10 et al.) for the collection of unpaid surcharges. Commencing on September 1, 1996, or such earlier time as the Commissioner of Banking and Insurance shall certify to the State Treasurer that amounts on deposit in the New Jersey Automobile Insurance Guaranty Fund are sufficient to satisfy the current and anticipated financial obligations of the New Jersey Automobile Full Insurance Underwriting Association, all surcharges collected by the commission under subparagraph (b) of paragraph (2) of this subsection b. shall be remitted to the Division of Motor Vehicles Surcharge Fund:
(i)for transfer to the Market Transition Facility Revenue Fund, as provided in section 12 of P.L.1994, c.57 (C.34:1B-21.12), for the purposes of section 4 of P.L.1994, c.57 (C.34:1B-21.4) until such a time as all the Market Transition Facility bonds, notes and obligations and all Motor Vehicle Commission bonds, notes and obligations issued pursuant to that section 4 of P.L.1994, c.57 (C.34:1B-21.4) and the costs thereof are discharged and no longer outstanding; and
(ii)from and after the date of certification by the Commissioner of Banking and Insurance that the moneys collectible under subparagraph (b) of paragraph (2) of this subsection b. are no longer needed to fund the association or at such time as all Market Transition Facility bonds, notes and obligations and all Motor Vehicle Commission bonds, notes and obligations issued pursuant to section 4 of P.L.1994, c.57 (C.34:1B-21.4) and the costs thereof are discharged and no longer outstanding, for transfer to the Motor Vehicle Surcharges Revenue Fund established pursuant to section 6 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.28) to be applied as set forth in section 6 that act. From and after such time as all bonds issued under section 4 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.26) and the costs thereof are discharged and no longer outstanding, all surcharges collected by the commission under subparagraph (b) of paragraph (2) of this subsection b. shall, subject to appropriation, be remitted to the New Jersey Property-Liability Insurance Guaranty Association created pursuant to section 6 of P.L.1974, c.17 (C.17:30A-6) to be used for payment of any loans made by that association to the New Jersey Automobile Insurance Guaranty Fund pursuant to paragraph (10) of subsection a. of section 8 of P.L.1974, c.17 (C.17:30A-8); provided that all such payments shall be subject to and dependent upon appropriation by the State Legislature.
All surcharges collected by the courts pursuant to subparagraph (a) of paragraph (2) of this subsection b. shall be forwarded not less frequently than monthly to the Division of Revenue. The Division of Revenue shall transfer: all such surcharges received prior to July 1, 2006, to the General Fund, and commencing July 1, 2006, all such surcharges to the Unsafe Driving Surcharge Revenue Fund established pursuant to section 5 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.27) to be applied as set forth in section 5 of that act. From and after such time as all bonds (including refunding bonds), notes and other obligations issued under section 4 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.26), and the costs thereof are discharged and no longer outstanding, all such surcharges collected by the courts pursuant to subparagraph (a) of paragraph (2) of this subsection b. and forwarded to the Division of Revenue shall be transferred to the General Fund.
Upon request, the Administrative Office of the Courts shall provide a monthly report to the Division of Revenue containing information on the number of convictions for the offense of unsafe driving pursuant to section 1 of P.L.2000, c.75 (C.39:4-97.2) that were entered during such month, the amount of the surcharges that were assessed by the courts pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) for such month, and the amount of the surcharges collected by the courts pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) during such month.
(3)In addition to any other authority provided in P.L.1983, c.65 (C.17:29A-33 et al.), the commissioner, after consultation with the commission, is specifically authorized (a) (Deleted by amendment, P.L.1994, c.64), (b) to impose, in accordance with subparagraph (a) of paragraph (1) of this subsection b., surcharges for motor vehicle violations or convictions for which motor vehicle points are not assessed under Title 39 of the Revised Statutes, or (c) to reduce the number of points for which surcharges may be assessed below the level provided in subparagraph (a) of paragraph (1) of this subsection b., except that the dollar amount of all surcharges levied under the Motor Vehicle Violations Surcharge System shall be uniform on a Statewide basis for each filer, without regard to classification or territory. Surcharges adopted by the commissioner on or after January 1, 1984 for motor vehicle violations or convictions for which motor vehicle points are not assessable under Title 39 of the Revised Statutes shall not be retroactively applied but shall take effect on the date of the New Jersey Register in which notice of adoption appears or the effective date set forth in that notice, whichever is later.
c.No motor vehicle violation surcharges shall be levied on an automobile insurance policy issued or renewed on or after January 1, 1984, except in accordance with the Motor Vehicle Violations Surcharge System, and all surcharges levied thereunder shall be assessed, collected and distributed in accordance with subsection b. of this section.
d.(Deleted by amendment, P.L.1990, c.8.)
e.The Commissioner of Banking and Insurance and the commission as may be appropriate, shall adopt any rules and regulations necessary or appropriate to effectuate the purposes of this section.
L.1983, c.65, s.6; amended 1984, c.1, s.2; 1985, c.520, ss.1,2; 1986, c.211, s.8; 1988, c.156, s.9; 1990, c.8, s.35; 1994, c.57, s.20; 1994, c.64, s.1; 1997, c.151, s.30; 1997, c.280, s.5; 2003, c.13, s.31; 2004, c.70, s.10; 2007, c.282.
6. a. (Deleted by amendment, P.L.1997, c.151.)
b.There is created a Motor Vehicle Violations Surcharge System which shall apply to all drivers and shall include, but not be limited to, the following provisions:
(1) (a) Surcharges shall be levied, beginning on or after January 1, 1984, by the New Jersey Motor Vehicle Commission (hereinafter the "commission") established by section 4 of P.L.2003, c.13 (C.39:2A-4) on any driver who, in the preceding 36-month period, has accumulated six or more motor vehicle points, as provided in Title 39 of the Revised Statutes; except that the allowance for a reduction of points in Title 39 of the Revised Statutes shall not apply for the purpose of determining surcharges under this paragraph. The accumulation of points shall be calculated as of the date the point violation is posted to the driver history record and shall be levied pursuant to rules promulgated by the commission. Surcharges assessed pursuant to this paragraph shall be $150.00 for six points, and $25.00 for each additional point. No offense shall be selected for billing which occurred prior to February 10, 1983. No offense shall be considered for billing in more than three annual assessments.
(b)(Deleted by amendment, P.L.1984, c.1.)
(2) (a) Surcharges shall be levied pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) for each offense of unsafe driving under subsection a. of that section.
(b)Surcharges shall be levied for convictions (i) under R.S.39:4-50 for violations occurring on or after February 10, 1983, and (ii) under section 2 of P.L.1981, c.512 (C.39:4-50.4a), or for offenses committed in other jurisdictions of a substantially similar nature to those under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), for violations occurring on or after January 26, 1984. Except as hereinafter provided, surcharges under this subparagraph (b) shall be levied annually for a three-year period, and shall be $1,000.00 per year for each of the first two convictions, for a total surcharge of $3,000 for each conviction, and $1,500.00 per year for the third conviction occurring within a three-year period, for a total surcharge of $4,500 for the third conviction. If a driver is convicted under both R.S.39:4-50 and section 2 of P.L.1981, c.512 (C.39:4-50.4a) for offenses arising out of the same incident, the driver shall be assessed only one surcharge for the two offenses.
If, upon written notification from the commission or its designee, mailed to the last address of record with the commission, a driver fails to pay a surcharge levied under this section and collectible by the commission, the driving privilege of the driver shall be suspended forthwith until at least five percent of each outstanding surcharge assessment that has resulted in suspension is paid to the commission; except that the commission may authorize payment of the surcharge on an installment basis over a period of 12 months for assessments under $2,300 or 24 months for assessments of $2,300 or more. The commission, for good cause, may authorize payment of any surcharge on an installment basis over a period not to exceed 36 months. If a driver fails to pay the surcharge or any installments on the surcharge, the total surcharge shall become due immediately, except as otherwise prescribed by rule of the commission.
The commission may authorize any person to pay the surcharge levied under this section and collectible by the commission by use of a credit card, debit card or other electronic payment device, and the administrator is authorized to require the person to pay all costs incurred by the commission in connection with the acceptance of the credit card, debit card or other electronic payment device. If a surcharge or related administrative fee is paid by credit or debit cards or any other electronic payment device and the amount is subsequently reversed by the credit card company or bank, the driving privilege of the surcharged driver shall be suspended and the driver shall be subject to the fee imposed for dishonored checks pursuant to section 31 of P.L.1994, c.60 (C.39:5-36.1).
In addition to any other remedy provided by law, the commission is authorized to utilize the provisions of the SOIL (Set off of Individual Liability) program established pursuant to P.L.1981, c.239 (C.54A:9-8.1 et seq.) to collect any surcharge levied under this section and collectible by the commission that is unpaid on or after the effective date of this act. As an additional remedy, the commission may issue a certificate to the Clerk of the Superior Court stating that the person identified in the certificate is indebted under this surcharge law in such amount as shall be stated in the certificate. The certificate shall reference the statute under which the indebtedness arises. Thereupon the clerk to whom such certificate shall have been issued shall immediately enter upon the record of docketed judgments the name of such person as debtor; the State as creditor; the address of such person, if shown in the certificate; the amount of the debt so certified; a reference to the statute under which the surcharge is assessed, and the date of making such entries. The docketing of the entries shall have the same force and effect as a civil judgment docketed in the Superior Court, and the commission shall have all the remedies and may take all of the proceedings for the collection thereof which may be had or taken upon the recovery of a judgment in an action, but without prejudice to any right of appeal. Upon entry by the clerk of the certificate in the record of docketed judgments in accordance with this provision, interest in the amount specified by the court rules for post-judgment interest shall accrue from the date of the docketing of the certificate, however payment of the interest may be waived by the commission or its designee. In the event that the surcharge remains unpaid following the issuance of the certificate of debt and the commission takes any further collection action including referral of the matter to the Attorney General or his designee, the fee imposed, in lieu of the actual cost of collection, may be 20 percent of surcharges of $1,000 or more. The administrator or his designee may establish a sliding scale, not to exceed a maximum amount of $200, for surcharge principal amounts of less than $1,000 at the time the certificate of debt is forwarded to the Superior Court for filing. The commission shall provide written notification to a driver of the proposed filing of the certificate of debt at least 10 days prior to the proposed filing; such notice shall be mailed to the driver's last address of record with the commission. Upon the filing of a certificate of debt with the Clerk of the Superior Court, the surcharged driver shall not be eligible for the restoration of his driving privilege until at least five percent of each outstanding surcharge assessment that has resulted in the suspension, including interest and costs, if any, is paid to the commission. If a certificate of debt is satisfied following a credit card payment, debit card payment or payment by other electronic payment device and that payment is reversed, a new certificate of debt shall be filed against the surcharged driver unless the original is reinstated.
If the administrator or his designee approves a special payment plan, of such duration as the administrator or his designee deems appropriate, for repayment of the certificate of debt, and the driver is complying with the approved plan, the plan may be continued for any new surcharge not part of the certificate of debt.
All moneys collectible by the commission under subparagraph (b) of paragraph (2) of this subsection b. shall be billed and collected by the commission except as provided in P.L.1997, c.280 (C.2B:19-10 et al.) for the collection of unpaid surcharges. Commencing on September 1, 1996, or such earlier time as the Commissioner of Banking and Insurance shall certify to the State Treasurer that amounts on deposit in the New Jersey Automobile Insurance Guaranty Fund are sufficient to satisfy the current and anticipated financial obligations of the New Jersey Automobile Full Insurance Underwriting Association, all surcharges collected by the commission under subparagraph (b) of paragraph (2) of this subsection b. shall be remitted to the Division of Motor Vehicles Surcharge Fund:
(i)for transfer to the Market Transition Facility Revenue Fund, as provided in section 12 of P.L.1994, c.57 (C.34:1B-21.12), for the purposes of section 4 of P.L.1994, c.57 (C.34:1B-21.4) until such a time as all the Market Transition Facility bonds, notes and obligations and all Motor Vehicle Commission bonds, notes and obligations issued pursuant to that section 4 of P.L.1994, c.57 (C.34:1B-21.4) and the costs thereof are discharged and no longer outstanding; and
(ii)from and after the date of certification by the Commissioner of Banking and Insurance that the moneys collectible under subparagraph (b) of paragraph (2) of this subsection b. are no longer needed to fund the association or at such time as all Market Transition Facility bonds, notes and obligations and all Motor Vehicle Commission bonds, notes and obligations issued pursuant to section 4 of P.L.1994, c.57 (C.34:1B-21.4) and the costs thereof are discharged and no longer outstanding, for transfer to the Motor Vehicle Surcharges Revenue Fund established pursuant to section 6 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.28) to be applied as set forth in section 6 that act. From and after such time as all bonds issued under section 4 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.26) and the costs thereof are discharged and no longer outstanding, all surcharges collected by the commission under subparagraph (b) of paragraph (2) of this subsection b. shall, subject to appropriation, be remitted to the New Jersey Property-Liability Insurance Guaranty Association created pursuant to section 6 of P.L.1974, c.17 (C.17:30A-6) to be used for payment of any loans made by that association to the New Jersey Automobile Insurance Guaranty Fund pursuant to paragraph (10) of subsection a. of section 8 of P.L.1974, c.17 (C.17:30A-8); provided that all such payments shall be subject to and dependent upon appropriation by the State Legislature.
All surcharges collected by the courts pursuant to subparagraph (a) of paragraph (2) of this subsection b. shall be forwarded not less frequently than monthly to the Division of Revenue. The Division of Revenue shall transfer: all such surcharges received prior to July 1, 2006, to the General Fund, and commencing July 1, 2006, all such surcharges to the Unsafe Driving Surcharge Revenue Fund established pursuant to section 5 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.27) to be applied as set forth in section 5 of that act. From and after such time as all bonds (including refunding bonds), notes and other obligations issued under section 4 of the "Motor Vehicle Surcharges Securitization Act of 2004," P.L.2004, c.70 (C.34:1B-21.26), and the costs thereof are discharged and no longer outstanding, all such surcharges collected by the courts pursuant to subparagraph (a) of paragraph (2) of this subsection b. and forwarded to the Division of Revenue shall be transferred to the General Fund.
Upon request, the Administrative Office of the Courts shall provide a monthly report to the Division of Revenue containing information on the number of convictions for the offense of unsafe driving pursuant to section 1 of P.L.2000, c.75 (C.39:4-97.2) that were entered during such month, the amount of the surcharges that were assessed by the courts pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) for such month, and the amount of the surcharges collected by the courts pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2) during such month.
(3)In addition to any other authority provided in P.L.1983, c.65 (C.17:29A-33 et al.), the commissioner, after consultation with the commission, is specifically authorized (a) (Deleted by amendment, P.L.1994, c.64), (b) to impose, in accordance with subparagraph (a) of paragraph (1) of this subsection b., surcharges for motor vehicle violations or convictions for which motor vehicle points are not assessed under Title 39 of the Revised Statutes, or (c) to reduce the number of points for which surcharges may be assessed below the level provided in subparagraph (a) of paragraph (1) of this subsection b., except that the dollar amount of all surcharges levied under the Motor Vehicle Violations Surcharge System shall be uniform on a Statewide basis for each filer, without regard to classification or territory. Surcharges adopted by the commissioner on or after January 1, 1984 for motor vehicle violations or convictions for which motor vehicle points are not assessable under Title 39 of the Revised Statutes shall not be retroactively applied but shall take effect on the date of the New Jersey Register in which notice of adoption appears or the effective date set forth in that notice, whichever is later.
c.No motor vehicle violation surcharges shall be levied on an automobile insurance policy issued or renewed on or after January 1, 1984, except in accordance with the Motor Vehicle Violations Surcharge System, and all surcharges levied thereunder shall be assessed, collected and distributed in accordance with subsection b. of this section.
d.(Deleted by amendment, P.L.1990, c.8.)
e.The Commissioner of Banking and Insurance and the commission as may be appropriate, shall adopt any rules and regulations necessary or appropriate to effectuate the purposes of this section.
L.1983, c.65, s.6; amended 1984, c.1, s.2; 1985, c.520, ss.1,2; 1986, c.211, s.8; 1988, c.156, s.9; 1990, c.8, s.35; 1994, c.57, s.20; 1994, c.64, s.1; 1997, c.151, s.30; 1997, c.280, s.5; 2003, c.13, s.31; 2004, c.70, s.10; 2007, c.282.
Sunday, October 11, 2009
HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR
HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR
Featuring a discussion on the newly released court rules!
Saturday, October 17, 2009
9:00 AM to 12:30 PM
The Westin Mount Laurel, Mt. Laurel
Monday, October 26, 2009
6:00 PM to 9:30 PM
Sheraton Edison, Edison (Raritan Center)
Presented in cooperation with the NJSBA Municipal Court Section and
the NJSBA Young Lawyers’ Section
Are you prepared to prosecute or defend your client in new Alcotest cases? Are you familiar with the new & increased penalties for certain offenses?
This informative guide to Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
Gain a thorough understanding of Municipal Court practice, procedure, & recent developments...
• Criminal Case Law and Legislative Update
• The Prosecutor’s Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues
• Judicial Perspective: Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff
• Recent developments in traffic law, merged traffic tickets and more
• DWI and Chun
• A special Q&A session: Ask the Experts
Speakers include:
| |
| Past Chair, NJSBA Municipal Court Section Chair, ABA Elder Law Committee |
| (at Mt. Laurel & Edison) |
| (Camden) |
| (at Mt. Laurel) |
| (at Mt. Laurel & Edison) |
| Prosecutor in Audubon and Stratford (Camden County) |
| (at Mt. Laurel) |
| (at Mt. Laurel & Edison) |
| (Belvidere) |
| (at Edison) |
| (Union County) Chair, Supreme Court Municipal Practice Committee (Union County) |
| (at Edison) |
| Chief Prosecutor (Elizabeth) Assistant Prosecutor (Woodbridge) |
| (at Edison) |
New Jersey Institute for Continuing Legal Education
The non-profit continuing education service of:
The New Jersey State Bar Association Rutgers - The State University of New Jerseys Seton Hall University
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 • CustomerService@njicle.com • Privacy Policy
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Wednesday, October 07, 2009
9-30-09 In re: Attorney General’s “Directive on Exit Polling: Media and Non-partisan Public Interest Groups,” Issued July 18, 2007 (A-47-08)
9-30-09 In re: Attorney General’s “Directive on Exit Polling:
Media and Non-partisan Public Interest Groups,” Issued
July 18, 2007 (A-47-08)
New Jersey’s election law statutes direct that voters
will have a 100-foot free, unobstructed passage to
polling places, without interference from any person,
and this ban applies to all expressive activities
within the 100-foot zone, including exit polling and
handing out voting-rights cards. The election laws
are constitutional because they are reasonable time,
place, and manner restrictions under the First
Amendment intended to secure and enhance another vital
constitutional right – the right to vote.
Assistant Editor: Umair Hussain
Media and Non-partisan Public Interest Groups,” Issued
July 18, 2007 (A-47-08)
New Jersey’s election law statutes direct that voters
will have a 100-foot free, unobstructed passage to
polling places, without interference from any person,
and this ban applies to all expressive activities
within the 100-foot zone, including exit polling and
handing out voting-rights cards. The election laws
are constitutional because they are reasonable time,
place, and manner restrictions under the First
Amendment intended to secure and enhance another vital
constitutional right – the right to vote.
Assistant Editor: Umair Hussain
Subscribe to:
Posts (Atom)