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39:3-38.1
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Make,
alter or counterfeit driver's
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3381
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5
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license
or registration
|
|
|
|
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Failure
to verify insurance involved in
|
FVIA
|
2
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|
|
an
automobile accident
|
|
|
39:3-38 Counterfeiting or using other markers; placement of forged or counterfeit
plate on motor vehicle; revocation of license; fine
No person shall
counterfeit a number plate or marker or make a substitute or temporary
marker, under penalty of revocation of such person's driver's license for
a period not to exceed 6 months, or a fine of not less than $50.00 nor
more than $100.00.
No person shall use a marker other
than the one issued to him by the commissioner, except as provided in R.S.
39:3-15, under penalty of a fine of not less than $25.00 nor more than $50.00.
No person shall cause to be placed
a forged or counterfeit license plate on any motor vehicle, under penalty
of revocation of such person's driver's license for a period not to exceed 6
months, or a fine of not less than $50.00 nor more than $100.00, or both.
Amended by L.1979, c. 173, s.
1, eff. Aug. 27, 1979.
39:3-40 Penalties for driving while license suspended, etc.
39:3-40. No person
to whom a driver's license has been refused or whose driver's license or
reciprocity privilege has been suspended or revoked, or who has been prohibited
from obtaining a driver's license, shall personally operate a motor vehicle
during the period of refusal, suspension, revocation, or prohibition. 
No person whose motor
vehicle registration has been revoked shall operate or permit the operation of
such motor vehicle during the period of such revocation. 
Except as provided in
subsections i. and j. of this section, a person violating this section shall be
subject to the following penalties: 
a.
Upon conviction for a
first offense, a fine of $500.00 and, if that offense involves the operation of
a motor vehicle during a period when the violator's driver's license is
suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512
(C.39:4-50.4a), revocation of the violator's motor vehicle registration
privilege in accordance with the provisions of sections 2 through 6 of
P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5); 
b.
Upon conviction for a
second offense, a fine of $750.00, imprisonment in the county jail for at least
one but not more than five days and, if the second offense involves the
operation of a motor vehicle during a period when the violator's driver's
license is suspended and that second offense occurs within five years of a conviction
for that same offense, revocation of the violator's motor vehicle registration
privilege in accordance with the provisions of sections 2 through 6 of
P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5); 
c.
Upon conviction for a
third offense or subsequent offense, a fine of $1,000.00 and imprisonment in
the county jail for 10 days. If the third or a subsequent offense involves the
operation of a motor vehicle during a period when the violator's driver's
license is suspended and the third or subsequent offense occurs within five
years of a conviction for the same offense, revocation of the violator's motor
vehicle registration privilege in accordance with the provisions of sections 2
through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5); 
d.
Upon conviction, the
court shall impose or extend a period of suspension not to exceed six months; 
e.
Upon conviction, the
court shall impose a period of imprisonment for not less than 45 days or more
than 180 days, if while operating a vehicle in violation of this section a
person is involved in an accident resulting in bodily injury to another person;
f. (1) In addition to
any penalty imposed under the provisions of subsections a. through e. of this
section, any person violating this section while under suspension issued
pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be
fined $500.00, shall have his license to operate a motor vehicle suspended for
an additional period of not less than one year nor more than two years, and may
be imprisoned in the county jail for not more than 90 days. 
(2)
In addition to any
penalty imposed under the provisions of subsections a. through e. of this
section and paragraph (1) of this subsection, any person violating this section
under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512
(C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), shall be fined $500,
shall have his license to operate a motor vehicle suspended for an additional
period of not less than one year or more than two years, and shall be imprisoned
in the county jail for not less than 10 days or more than 90 days. 
(3)
In addition to any
penalty imposed under the provisions of subsections a. through e. of this
section and paragraphs (1) and (2) of this subsection, a person shall have his
license to operate a motor vehicle suspended for an additional period of not
less than one year or more than two years, which period shall commence upon the
completion of any prison sentence imposed upon that person, shall be fined $500
and shall be imprisoned for a period of 60 to 90 days for a first offense,
imprisoned for a period of 120 to 150 days for a second offense, and imprisoned
for 180 days for a third or subsequent offense, for operating a motor vehicle
while in violation of paragraph (2) of this subsection while: 
(a)
on any school property
used for school purposes which is owned by or leased to any elementary or
secondary school or school board, or within 1,000 feet of such school property;
(b)
driving through a school
crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution,
has designated the school crossing as such; or 
(c)
driving through a school
crossing as defined in R.S.39:1-1 knowing that juveniles are present if the
municipality has not designated the school crossing as such by ordinance or
resolution. 
A map or true copy of a
map depicting the location and boundaries of the area on or within 1,000 feet
of any property used for school purposes which is owned by or leased to any
elementary or secondary school or school board produced pursuant to section 1
of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph
(a) of this paragraph. 
It shall not be relevant
to the imposition of sentence pursuant to subparagraph (a) or (b) of this
paragraph that the defendant was unaware that the prohibited conduct took place
while on or within 1,000 feet of any school property or while driving through a
school crossing. Nor shall it be relevant to the imposition of sentence
that no juveniles were present on the school property or crossing zone at the
time of the offense or that the school was not in session; 
g.
(Deleted by amendment,
P.L.2009, c.224);
h.
A person who owns or
leases a motor vehicle and permits another to operate the motor vehicle commits
a violation and is subject to suspension of his license to operate a motor
vehicle and to revocation of registration pursuant to sections 2 through 6 of
P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5) if the person: 
(1)
Knows that the
operator's license or reciprocity privilege to operate a motor vehicle has been
suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512
(C.39:4-50.4a); or 
(2)
Knows that the
operator's license or reciprocity privilege to operate a motor vehicle is
suspended and that the operator has been convicted, within the past five years,
of operating a vehicle while the person's license was suspended or revoked.
In any case where a
person who owns or leases a motor vehicle knows that the operator's license or
reciprocity privilege of the person he permits to operate the motor vehicle is
suspended or revoked for any violation of R.S.39:4-50 or section 2 of P.L.1981,
c.512 (C.39:4-50.4a), the person also shall be subject to the following
penalties: for a first or second offense, a fine of $1,000, imprisonment for
not more than 15 days, or both; and for a third or subsequent offense, a fine
of $1,000, imprisonment for not more than 15 days, or both, and forfeiture of
the right to operate a motor vehicle over the highways of this State for a
period of 90 days;
i.
If the violator's
driver's license to operate a motor vehicle has been suspended pursuant to
section 9 of P.L.1985, c.14 (C.39:4-139.10) or for failure to comply with a
time payment order, the violator shall be subject to a maximum fine of $100
upon proof that the violator has paid all fines and other assessments related
to the parking violation that were the subject of the Order of Suspension, or
if the violator makes sufficient payments to become current with respect to payment
obligations under the time payment order; 
j.
If a person is convicted
for a second or subsequent violation of this section and the second or
subsequent offense involves a motor vehicle moving violation, the term of
imprisonment for the second or subsequent offense shall be 10 days longer than
the term of imprisonment imposed for the previous offense. 
For the purposes of this
subsection, a "motor vehicle moving violation" means any violation of
the motor vehicle laws of this State for which motor vehicle points are assessed
by the chief administrator pursuant to section 1 of P.L.1982, c.43
(C.39:5-30.5). 
amended 1941, c.344;
1945, c.222, s.2; 1947, c.25; 1964, c.9; 1968, c.323, s.10; 1981, c.38, s.1;
1982, c.45, s.2; 1983, c.90, s.1; 1986, c.38; 1992, c.203; 1994, c.64, s.2;
1995, c.286, s.1; 1999, c.185, s.3; 1999, c.423, s.3; 2001, c.213, s.1; 2002,
c.28; 2007, c.187; 2009, c.224, s.1; 2009, c.332.
39:3-40.1 Revocation of registration certificate, plates.
2. a. Any motor vehicle
registration certificate and registration plates shall be revoked if a person
is convicted of violating the provisions of:
(1)
subsection a. of R.S.39:3-40
for operating a motor vehicle during a period when that violator's driver's
license has been suspended for a violation of R.S.39:4-50; or
(2)
subsection b. or c. of
R.S.39:3-40 for operating a motor vehicle during a period when that violator's
driver's license has been suspended within a five-year period.
(3)
(Deleted by amendment,
P.L.2009, c.201).
This revocation of
registration certificate and registration plates shall apply to all passenger
automobiles and motorcycles owned or leased by the violator and registered
under the provisions of R.S.39:3-4 and all noncommercial trucks owned or leased
by the violator and registered under the provisions of section 2 of P.L.1968,
c.439 (C.39:3-8.1), including those passenger automobiles, motorcycles and
noncommercial trucks registered or leased jointly in the name of the violator
and the other owner of record.
b.
At the time of
conviction, the court shall notify each violator that the person's passenger
automobile, motorcycle, and noncommercial truck registrations are
revoked. Notwithstanding the provisions of R.S.39:5-35, the violator
shall surrender the registration certificate and registration plates of all
passenger automobiles, motorcycles, and noncommercial truck registrations
subject to revocation under the provisions of this section within 48 hours of
the court's notice. The surrender shall be at a place and in a manner
prescribed by the Chief Administrator of the New Jersey Motor Vehicle
Commission pursuant to rule and regulation. The court also shall notify
the violator that a failure to surrender that vehicle registration certificate
and registration plates shall result in the impoundment of the vehicle in
accordance with the provisions of section 4 of P.L.1995, c.286 (C.39:3-40.3)
and the seizure of said registration certificate and registration plates.
The revocation authorized under the provisions of this subsection shall remain
in effect for the period during which the violator's license to operate a motor
vehicle is suspended and shall be enforced so as to prohibit the violator from
registering or leasing any other vehicle, however acquired, during that period.
c.
If the violator subject
to the penalties set forth in subsections a. and b. of this section for
conviction of violating the provisions of R.S.39:3-40 was operating a motor
vehicle owned or leased by another person and that other owner or lessee
permitted that operation with knowledge that the violator's driver's license
was suspended, the court shall suspend the person's license to operate a motor
vehicle and revoke the registration certificate and registration plates for
that vehicle for a period of not more than six months. Notwithstanding the
provisions of R.S.39:3-35, the owner or lessee shall surrender the registration
certificate and registration plates of that vehicle within 48 hours of the
court's notice of revocation. The surrender shall be at a place and in a
manner prescribed by the Chief Administrator of the New Jersey Motor Vehicle
Commission pursuant to rule and regulation. The court also shall notify
the owner or lessee that a failure to surrender the revoked registration
certificate and registration plates shall result in the impoundment of the
vehicle in accordance with the provisions of section 4 of P.L.1995, c.286
(C.39:3-40.3) and the seizure of said registration certificate and registration
plates. Nothing in this subsection shall be construed to limit the court
from finding that owner or lessee guilty of violating R.S.39:3-39 or any other
such statute concerning the operation of a motor vehicle by an unlicensed
driver.