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.
Wednesday, October 28, 2009
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
Thursday, June 25, 2009
Fines and Penalties of Common Motor Vehicle Offenses NOTICE TO THE BAR
NOTICE TO THE BAR
Fines and Penalties of Common Motor Vehicle Offenses
Published with this notice is a revised schedule of Fines and Penalties of
Common Motor Vehicle Offenses (formerly the “Minimum Mandatory Fines and
Penalties Schedule”). The schedule includes only selected offenses commonly charged
under Title 39 of the New Jersey Statutes, not all chargeable motor vehicle offenses.
Please note that court costs and mandatory assessments are not included in the fine
amounts. The revisions are current through October 2008.
The schedule is being provided for the convenience of municipal court
practitioners. This is the first revision of the schedule since August 2004.
This notice and the appended schedule also will be posted on the Judiciary’s
Internet website (www.njcourtsonline.com).
/s/ Glenn A. Grant
_____________________________________
Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Dated: December 2, 2008
Fines and Penalties of Common Motor Vehicle Offenses
This schedule contains the fines and penalties of some common motor vehicle offenses. It is designed for quick reference and does not contain every sentencing nuance. Therefore, judges should always consult with the applicable statute before imposing any
sentence.
The fines listed here DO NOT include court costs, so you may add court costs up to a maximum of $33.00, $5.50 of which may not be suspended. See N.J.S.A. 22A:3-4. The listed fines also do not include the assessments found in N.J.S.A. 39:5-41, which, as of the date
of this schedule, total $6.00. Reference should be made to this statute to determine the correct amount of the assessments, at the time of sentencing.
If the "VCCA" box is checked next to an offense, then the offense is subject to a mandatory Violent Crimes Compensation Agency assessment of $50 in accordance with N.J.S.A. 2C:43-3.1. Similarly, if the "Safe Neigh." box is checked, the offense is subject to the
mandatory Safe Neighborhood assessment of $75 in accordance with N.J.S.A. 2C:43-3.2.
If the "65 mph" box is checked next to an offense, then the listed fines shall be doubled when the offense is committed in an area which has been designated as having a speed limit of 65 miles per hour. N.J.S.A. 39:4-98.6. Similarly, if the "Con. Zone/Safe Cor" box is
checked, the listed fines shall be doubled when committed in an area of highway construction or repair, or when committed in a designated safe corridor. N.J.S.A. 39:4-203.5.
October, 2008
In addition to the fines and penalties listed, a judge may revoke the driver's license of any person for the willful violation of any offense found in subtitle 1 of Title 39, N.J.S.A. 39:1-1 to 39:5G-1. See N.J.S.A. 39:5-31.
If the "Payable" box is checked next to an offense, then the offense is listed in the Statewide Violations Bureau Schedule. REMEMBER that the payable amounts listed in the Violations Bureau Schedule DO include court costs and assessments, so court costs and assessments
should never be added to the payable amount.
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-6.13(a) Registration card of apportioned vehicle not in
vehicle
39:3-6.17 $500 $500
Tuesday, October 14, 2008 Page 1 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-9a Failure to notify change in name 39:3-86 Fine or imprisonment not exceeding 15 days, or both $25 $500
39:3-9a Failure to endorse license 39:3-86 Fine or imprisonment not exceeding 15 days, or both $25 $500
39:3-10 Driving without a license where offender has never
been licensed in N.J. or elsewhere
Fine or imprisonment for not more than 60 days and no license to
issue for at least 180 days
$200 $500
39:3-10 Driving without a license where the offender has
been licensed in NJ or elsewhere
Fine or imprisonment in the county jail for not more than 60 days None $500
39:3-10.18(a) Failure to possess valid commercial driver’s license Fine or imprisonment up to 60 days, or both $250 $500
39:3-10.18(b) Driving a commercial vehicle after driver's
license has been suspended
1) Fine or imprisonment up to 90 days, or both
2) If accident with personal injury to another occurs while violating
this section, 90 days imprisonment, $5000 fine and
suspension of commercial driving privileges in accordance with
N.J.S.A. 39:3-10.20(f)
$500 $5000
39:3-10.24 Refusal to consent to taking samples of breath
after arrest for operating commercial vehicle under
the influence pursuant to N.J.S.A. 39:3-10.13
First offense: Fine and six month revocation of driver's license, and
satisfy the requirements of a program of alcohol education
pursuant to N.J.S.A. 39:4-50
$250 $500
39:3-10.24 Refusal to consent to taking samples of breath
after arrest for operating commercial vehicle under
the influence pursuant to N.J.S.A. 39:3-10.13
Subsequent offense: Fine and 2 year revocation of driver's license,
and satisfy the requirements of a program of alcohol education
pursuant to N.J.S.A. 39:4-50
$250 $500
Tuesday, October 14, 2008 Page 2 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-12 Illegal securing of driver’s license Fine or imprisonment for not less than 30 days nor more than 90
days, or both
$200 $500
39:3-13.2a Violation of conditions of the special learner's
permit, other than conviction of alcohol or
drug related offense
39:3-13.8 $100 $100
39:3-20(e) Weight in excess of limitation permitted by
certificate of registration for commercial vehicles
Plus $100 per 1000 lbs. or fraction thereof of excess weight $500 none
39:3-20.1 Misuse of registration of empty trucks 39:3-20.2 Fine and suspension or revocation of the privilege $25 $100
39:3-27.11 Misuse of fire department or first aid squad plates 39:3-27.12 $25 $50
39:3-27.17 Misuse of disabled veteran plates 39:3-27.18 $25 $50
39:3-27.21 Misuse of commuter van plates 39:3-27.22 $25 $50
39:3-27.27 Misuse of street rod plates $25 $50
39:3-29 Failure to exhibit documents If person can exhibit card to judge, then judge can dismiss but can
impose costs
$150 $150
39:3-29 Failure of omnibus driver to exhibit documents If person can exhibit card to judge, then judge can dismiss but can
impose costs
$250 $250
39:3-29.8(a) Display/poss fictitious ID 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-29.8(b) Lend I.D. card to another 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
Tuesday, October 14, 2008 Page 3 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-29.8(c) Display/represent ID card not issued to him/her 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-29.8(d) Permit unlawful use of ID card 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-29.8(e) Utilization of ID card for forbidden acts 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-29.8(f) Reproduction of I.D. cards 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-29.8(g) Alteration of I.D. cards 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-35 Lending or misusing registration certificate or
plates
$25 $50
39:3-37 Falsifying application on examination Fine or imprisonment for not more than 6 months, or both $200 $500
39:3-38 Counterfeiting plate or marker Fine or revocation of driver’s license not exceeding 6 months $50 $100
39:3-38 Using other than issued marker $25 $50
39:3-40 Driving when license refused, suspended,
revoked or prohibited
(See attached chart at the end of the schedule)
39:3-47(c) No altering equipment to defeat inspection 39:3-79 None $25
39:3-54.7 Unauthorized person operating emergency lights 39:3-54.13 None $200
Tuesday, October 14, 2008 Page 4 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-54.10 More than 2 emergency warning lights on vehicle 39:3-54.13 Privilege to operate emergency warning lights may be suspended
or revoked
None $100
39:3-64(c) Warning signal required for disabled vehicle 39:3-79 None $25
39:3-66 Maintenance of lamps, reflectors, etc. 39:3-79 None $25
39:3-69 Horns and audible warning devices 39:3-79 None $25
39:3-70 Mufflers 39:3-79 None $25
39:3-70.2 Air pollution from motor vehicles and school buses Fine is per day/per vehicle $250 $1000
39:3-71 Mirrors 39:3-79 None $25
39:3-72 Tire Equipment 39:3-79 None $25
39:3-74 Windshields must be unobstructed and equipped
with cleaners
39:3-79 None $25
39:3-75 Safety glass 39:3-79 None $25
39:3-76.2 Sale or operation of vehicle without safety belts 39:3-79 None $25
39:3-76.2a Restraint or booster seat for child under age 8 39:3-76.2d Fine shall be suspended if defendant can prove possession
and use of approved restraint
$10 $25
39:3-76.2f Failure to wear seat belt 39:3-76.2j $20 $20
39:3-76.5 Failure to equip motorcycles with
permanent seat and footrests for passenger
$50 $100
Tuesday, October 14, 2008 Page 5 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-79.8 Prohibition of supplying fuel to vehicle without label First offense (penalty may be collected in accordance with
N.J.S.A. 2A: 58-10 et seq.)
$25 $25
Subsequent offense (penalty may be collected in accordance with
N.J.S.A. 2A:58-10 et seq.)
$50 $50
39:3-80 Vehicle with inferior tires First offense $50 $100
Subsequent offense $100 $200
39:3-81 Tires fitted with projections Penalty may be collected in accordance with N.J.S.A. 2A:58-
10 et seq.
$25 $50
39:3-84.3(i) Violation of dimensional limitations $150 $500
39:3-84.3(j) Violation of weight limitations Fine an amount equal to $0.02 per pound for each pound of the total
excess weight provided the total excess weight is 10,000 Ibs. or
less, or shall be fined an amount equal to $0.03 per pound for each
pound of the total excess weight provided that the total excess
weight is more than 10,000 lbs., but in no event should the fine be
less than $50
$50 none
39:3-84.3(l) Violation of designated routes First offense none $400
Second offense $700 $700
Subsequent offense $1000 $1000
39:3B-25 School bus driver using cell phone $250 $500
39:3C-17(a) Operating snowmobiles/all terrain vehicles on limited
access highway
39:3C-28 $100 $200
Tuesday, October 14, 2008 Page 6 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-14.4 Sale of bike without reflectors 39:4-14.8 First Offense None $50
Subsequent Offense $100 $100
39:4-14.10(e) Failure to wear helmet while operating electric
personal assistive mobility device violations
39:4-14.11 First offense: Warning none none
39:4-14.11 Second offense $10 $10
39:4-14.11 Third or subsequent offense, requires court to impound the
device for not more than 30 days. A person who fails to comply with
the requirements governing warning notices shall be fined not
more than $100 for each violation.
none none
39:4-36 Driver to yield to pedestrian at crosswalk Fine or imprisonment not to exceed 15 days $100 $100
39:4-48 Operating or using a vehicle without consent of
owner
$100 none
39:4-49 Tampering with vehicle First offense $10 $50
Subsequent offense: Fine or imprisonment not exceeding 30
days, or both
$50 $100
39:4-49.1 Operation of a motor vehicle while in possession
of controlled dangerous substance
Fine and 2 years suspension of driver’s license $50 none
39:4-50 Operating under the influence (See attached chart at the end of the schedule)
39:4-50.4a Refusal to undergo breathalyzer test (See attached chart at the end of the schedule)
Tuesday, October 14, 2008 Page 7 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-50.14 Operation of motor vehicle by person whose blood
alcohol is between .01% and .08% and is under the
legal age to purchase alcoholic beverages
Loss of license for not less than 30 days nor more than 90 days and
perform community service for not less than 15 days nor more than
30 days. In addition, must satisfy program and fee requirements of
the IDRC or participate in a program of alcohol education and
highway safety. Penalties shall be in addition to the penalties which
the court may impose under N.J.S.A. 2C:33-15, N.J.S.A. 33:1-
81, N.J.S.A. 39:4-50, or any other law
39:4-50.15(b) Parent driving while intoxicated with child in car 2C:43-3 2C:43-8 Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:4-50.19(b) Circumventing interlock device 2C:43-3 2C:43-8 Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:4-51a Consumption of alcoholic beverage by operator or
passenger
First offense $200 $200
Second or subsequent offense: Fine or 10 days community service $250 $250
39:4-51b Possession of open container of alcohol in
passenger compartment
First offense $200 $200
Subsequent offense: Fine or community service for 10 days $250 $250
39:4-52 Racing on highway First offense $25 $100
Subsequent offense $100 $200
39:4-53 Leaving vehicle with engine running $10 $25
39:4-56 Delaying traffic 39:4-203 Fine and imprisonment for a term not exceeding 15 days None $50
Tuesday, October 14, 2008 Page 8 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-56.1 Willful abandonment of motor vehicle to obstruct
traffic
39:4-56.2 Fine and suspension of driver’s license not less than 1 year nor
more than 5 years
$200 $500
Subsequent offense: Fine and suspension of driver's license for 5
years
$500 $1000
39:4-56.5 Abandonment of motor vehicle First offense: Fine and license or driving privileges may be
suspended or revoked by Administrator of MVC for not more
than 2 years
$100 $500
Subsequent offense: Fine and license or driving privileges may
be suspended or revoked by Administrator of MVC for a period
of not more than 5 years
$500 $1000
39:4-56.8 Failure of towing service to tow disabled vehicle $25 $50
39:4-63 Placing, throwing, or depositing injurious
substances on highway
Fine and may forfeit right to operate a motor vehicle for 30 days $100 $500
39:4-64 Throwing or dropping debris from a vehicle $200 $1000
39:4-66.2 Operation of motor vehicle on public or private
property to avoid traffic signal
Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-67 Obstructing passage of vehicles 39:4-203 Fine and imprisonment for a term not exceeding 15 days, or both None $50
Tuesday, October 14, 2008 Page 9 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-76 Driving overweight vehicle on interstate bridge $0.02 per pound for each pound of excess weight if the excess does
not exceed 10,000 pounds, and $0.03 per pound for each pound of
excess weight if the excess weight exceeds 10,000 pounds, but in no
event less than $50.00. In addition, the owner of the vehicle
shall be responsible for damages to the bridge
$50 none
39:4-77.1 Snow or ice falling off moving vehicle- non-
commercial vehicle
$200 $1000
39:4-77.1 Snow or ice falling off moving vehicle-
commercial vehicle
$500 $1500
39:4-80 Failure to obey directions of officer 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-81 Failure to obey traffic control device 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-82 Failure to keep right 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-82.1 Failure to drive on right-hand roadway 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-83 Failure to keep to right at intersection 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-84 Failure to pass to right when proceeding in
opposite direction
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-85 Failure to pass to left when overtaking 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-85.1 Wrong way on one-way street 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
Tuesday, October 14, 2008 Page 10 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-86 Failure to overtake and pass properly 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-87 Failure to give overtaking vehicle right of way 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-87.1 Failure to yield to bus 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-88 Failure to drive properly in marked lanes 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-89 Following vehicle too closely 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-90 Failure to yield right of way at intersection 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-90.1 Entering or leaving limited access highways
improperly
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-91 Failure to yield right of way to emergency vehicles 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-92 Failure to pull over for emergency vehicles and
following an emergency vehicle too closely
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-92.1 Following fire department vehicle too closely back to
fire station
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-94 Train unnecessarily blocking highway 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-96 Reckless driving First offense: Fine or imprisonment not exceeding 60
days, or both
$50 $200
Second or subsequent offense: Fine or imprisonment not
exceeding 3 months, or both
$100 $500
Tuesday, October 14, 2008 Page 11 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-97 Careless driving 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-97a Motor vehicle operation causing property damage 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-97.1 Slow speed as to block traffic 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-97.2 Operating a motor vehicle in an unsafe manner,
endangering persons or property
First offense; $250 surcharge $50 $150
Second offense; $250 surcharge $100 $250
Third or subsequent offense; $250 surcharge $200 $500
39:4-97.3 Operating a motor vehicle while using a cell phone 39:4-97.3(d) If used as an alternative in a plea agreement, then same as penalty
for N.J.S.A. 39:4-97.2
$100 $100
39:4-98 Speeding 39:4-104 39:4-98.7 Fine or imprisonment not exceeding 15 days, or both when
guilty. Fine doubled when driving 20 mph over speed limit or 10 mph
over in a 65 mph zone
$50 $200
39:4-100 Speeding across sidewalk 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-115 Failure to make proper turn 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-116 Failure to make proper turn at arrow 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-117 Special pedestrian interval; pedestrian violation 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-117 Special pedestrian interval; motorist violation 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
Tuesday, October 14, 2008 Page 12 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-119 Failure to observe flashing traffic signals 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-120.9 Motorists required to obey traffic control device at
public-private intersection
39:4-120.10 39:4-203 Fine or improsonment for a term not exceeding 15 days, or both $50 $200
39:4-122 Failure to obey whistle of police officer 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-123 Failure to make proper turn 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-124 Failure to turn as indicated by buttons or markers at
intersection
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-125 U-Turn on curve or grade where view obstructed or
"No-U-Turn" sign
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-126 Failure to signal before starting, turning or stopping 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-127 Backing or turning in street 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-127.1 Failure to stop at railroad crossings 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-127.2 Failure to stop at approaches to movable
span bridges
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-128.1 Passing school bus while picking up or discharging First offense: Fine or imprisonment not exceeding 15
days or 15 days community service, or both
$100 none
Subsequent offense: Fine or imprisonment not exceeding 15
days, or both
$250 none
Tuesday, October 14, 2008 Page 13 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-129(a) Leaving the scene of accident involving injury or
death
First offense: Fine or 180 days imprisonment, or both, and
suspension of driving privileges for 1 year from date of conviction.
Imprisonment shall be imposed only if death or injury to another
person
$2500 $5000
Subsequent offense: Fine or 180 days imprisonment from date of
conviction, or both, and permanent forfeiture of driver's license.
Imprisonment shall be imposed only if death or injury to another
person
$2500 $5000
39:4-129(b) Leaving the scene of accident involving
damages to attended vehicle or property
First offense: Fine or imprisonment not exceeding 30
days, or both, and suspension of driving privileges for six months
from date of conviction
$200 $400
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 90 days, or both, and suspension of driving
privileges for 1 year from date of conviction
$400 $600
39:4-129(d) Leaving the scene of accident involving
damages to unattended vehicle or property
First offense: Fine or imprisonment not exceeding 30
days, or both, and suspension of driving privileges for six months
from date of conviction
$200 $400
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 90 days, or both, and suspension of driving
privileges for 1 year from date of conviction
$400 $600
39:4-130 Failure to report accident $30 $100
Tuesday, October 14, 2008 Page 14 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-132 Failure of repairman to report damages Fine or imprisonment not less than 30 days nor more than 90 days, or
both
$100 $500
39:4-144 Failure to obey "Stop" or "Yield Right of Way" signs 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-207.9 Failure to maintain handicapped parking space $500 $1000
39:4-208 Improper traffic & parking on State property 39:4-209 $1 $15
39:4-208 Altering, conterfeiting or misuse of State parking
permits
39:4-209 none $50
39:5C-1 Racing or making speed records First offense; disorderly persons offense $25 $100
Subsequent offense: Fine or imprisonment for not more than 90
days or both; disorderly persons offense
$100 $200
39:6B-2 Failure to carry motor vehicle insurance coverage First offense: Fine and a period of community service as determined
by the court, and suspension of driving privileges for 1 year
$300 $1000
Subsequent offense: Fine and shall be subject to 14 days
imprisonment, and 30 days community service and
suspension of driving privileges for 2 years from date of conviction
none $5000
39:8-18 Affixing approval sticker without re-inspection or
conformity to standards
First offense: Fine and suspension of re-inspection center’s license
for at least 1 year but not more than 3 years
$1000 $1500
Subsequent offense: Fine and permanent revocation of
reinspection center's license
$2000 $3500
Tuesday, October 14, 2008 Page 15 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:8-48 Private agency affixes certificate without motor
vehicle inspection
Possible suspension of facility license for a period of not less
than 6 months
$500 None
39:9-2 Commercial driver exceeding maximum
permitted on-duty hours
39:9-4 First offense: If default in payment of fine, defendant shall be
imprisoned for not more than 5 days
$25 $25
Subsequent offense: If default in payment of fine, defendant shall
be imprisoned for not more than 10 days
$50 $50
39:10-10 Failure to deliver certificate of ownership $25 $25
39:10-11(a) Fail to submit evidence of purchase to director 39:10-20 First offense None $500
Subsequent offense: Suspend driver's license for less than
unexpired term or revoke
None $1000
39:10-12 False application for a duplicate certificate of
ownership
Fine or imprisonment not exceeding 30 days, or both $200 $500
39:10-26 Motor vehicle dealer selling vehicle that does not meet
standard
39:10-30 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:10-27 Seller of used vehicle fails to make repair 39:10-30 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:10B-2 Identification of motor component parts: Violation
of record maintenance requirements
Fine or imprisonment not exceeding 90 days, or both. $25 $100
39:11-3 Operating a junk yard without a license 39:11-11 Fine or imprisonment not exceeding 90 days, or both $25 $100
Tuesday, October 14, 2008 Page 16 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:11-9 Failure of junk yard owner to certify the condition of
vehicles sold
39:11-11 Fine or imprisonment not exceeding 90 days, or both $25 $100
39:12-2 Operating a driving school without a license 39:12-12 First offense: Fine or imprisonment not less than 10
days nor more than 30 days, or both
$100 $250
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 3 months, or both
$250 $500
39:12-2.1 Failure of driving school instructor to receive
required training
39:12-12 First offense: Fine or imprisonment not less than 10
days nor more than 30 days, or both
$100 $250
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 3 months, or both
$250 $500
39:12-5 Driving school employing an unlicensed instructor 39:12-12 First offense: Fine or imprisonment not less than 10
days nor more than 30 days, or both
$100 $250
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 3 months, or both
$250 $500
39:12-11 Driving school failing to keep records 39:12-12 First offense: Fine or imprisonment not less than 10
days nor more than 30 days, or both
$100 $250
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 3 months, or both
$250 $500
Tuesday, October 14, 2008 Page 17 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:12-15 Failure to wear seat belts in driver's school
(instructor and student)
First offense $25 $25
Subsequent offense $50 $50
Tuesday, October 14, 2008 Page 18 of 18
October 6, 2008 Page 1 of 13
N.J.S.A. 39:4-50 and N.J.S.A. 39:4-50(g)
Offense 39:4-50
Driving while intoxicated
1st Offense - BAC 0.08% or - $250 to $400 fine, and higher, but less than .10% or
observation case - IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and
- in court's discretion, imprisonment not exceeding 30 days, and
- driver's license suspension for a period of 3 months, and
- VCCA $50, DDEF $100, SNSF $75, AND $100 surcharge, and
- may order participation in supervised visitation programs either a condition of probation or a form of
community service, and
- may order installation of an ignition interlock device for not less than 6 months nor more than 1 year, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements
are satisfied.
1st Offense - BAC 0.10% or - $300 to $500 fine, and
higher or operation under influence of drugs
- IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and
- in court's discretion, imprisonment not exceeding 30 days, and
- driver's license suspension for not less than 7 months nor more than 1 year, and
- VCCA $50, DDEF $100, SNSF $75, AND $100 surcharge, and
- may order participation in supervised visitation program as either a condition of probation or a form of community service, and
October 6, 2008 Page 2 of 13
1
st Offense – BAC 0.10% Cont. - may order installation of an ignition interlock device for not less than 6 months nor more than 1 year,
and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not
met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied.
- $500 to $1000 fine, and 2nd Offense
- imprisonment of not less than 48 consecutive hours, which shall not be suspended or served on
probation, nor more than 90 days, and
- driver's license suspension for 2 years, and
- community service for 30 days, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- may order participation in a supervised visitation program as either a condition of probation or a form of community service, and
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or
shall revoke all registration certificates and registration plates for 2 years, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements
are satisfied.
3rd or Subsequent Offense - $1000 fine, and
- imprisonment not less than 180 days in county jail or workhouse, except that the court may order defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient
rehabilitation program approved by the IDRC, and
- driver's license suspension for 10 years, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- may order participation in a supervised visitation program as either a condition of probation or a form of community service, and
October 6, 2008 Page 3 of 13
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or shall revoke all registration certificates and registration plates for 10 years, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not
met, then mandatory 2- day term of imprisonment and driver's license suspension until requirements are satisfied.
Please Note Please Note: If the second offense occurs more than 10 years after the first offense, the court
shall treat the second conviction as a first offense for sentencing purposes. If the third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as
a second offense for sentencing purposes.
October 6, 2008 Page 4 of 13
Offense 39:4-50(g)
Driving while intoxicated while on school property
1st Offense - $500 to $800 fine, and
- imprisonment not exceeding 60 days, and
- driver's license suspension for not less than 1 year nor more than 2 years, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- shall order installation of an ignition interlock device for not less than 6 months nor more than 1 year,
and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are
satisfied.
2nd Offense - $1000 to $2000 fine, and
- imprisonment of not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not
exceeding 90 days, served performing community service, and
- driver's license suspension for 4 years, and
- community service for 60 days, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are
satisfied.
October 6, 2008 Page 5 of 13
3rd or Subsequent - $2000 fine, and
- imprisonment not less than 180 days in a county jail or workhouse, except that the court may order the
defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient rehabilitation program approved by the IDRC, and
- driver's license suspension for 20 years to start upon completion of any prison sentence, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not
met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied.
October 6, 2008 Page 6 of 13
N.J.S.A. 39:4-50.4a
Offense 39:4-50.4a
Refusal to submit to chemical test (penalty provision at N.J.S.A. 39:4-50.4a(a)
1st Offense - $300 to $500 fine, and
- driver's license suspension not less than 7 months or more than 1 year (consecutive to any revocation
imposed under N.J.S.A. 39:4-50 unless part of a permitted plea agreement in which event the suspension may be concurrent), and
- DDEF $100, and
- shall refer offender to IDRC.
2nd Offense - $500 to $1000 fine, and
- driver's license suspension for 2 years (consecutive to any revocation imposed under N.J.S.A. 39:4-50), and
- DDEF $100, and
- shall refer offender to IDRC.
3rd or Subsequent - $1000 fine, and
- driver's license suspension for 10 years (consecutive to any revocation imposed under
N.J.S.A. 39:4-50), and
- DDEF $100, and
- shall refer offender to IDRC.
October 6, 2008 Page 7 of 13
Offense 39:4-50.4a
Refusal to submit to chemical test on school property (penalty provision at N.J.S.A. 39:4-50.4a(b)
1st Offense - $600 to $1000 fine, and
- driver's license suspension not less than 1 year or more than 2 years (consecutive to any revocation
imposed under N.J.S.A. 39:4-50), and
- DDEF $100, and
- shall refer offender to IDRC.
2nd Offense - $1000 to $2000 fine, and
- driver's license suspension for 4 years (consecutive to any revocation imposed under N.J.S.A. 39:4-50), and
- DDEF $100, and
- shall refer offender to IDRC.
3rd or Subsequent - $2000 fine, and
- driver's license suspension for 20 years (consecutive to any revocation imposed under
N.J.S.A. 39:4- 50), and
- DDEF $100, and
- shall refer offender to IDRC.
October 6, 2008 Page 8 of 13
N.J.S.A. 39:3-40 October, 2008
Note: For all offenses under this statute that involve an accident resulting in personal injury to another, the court is required to impose a
period of imprisonment for not less than 45 days, or more than 180 days. N.J.S.A. 39:3-40(e).
Offense 39:3-40
Driving while license suspended- general provision
1st Offense
- $500 fine, and
- driver's license suspension not to exceed 6 months
2nd Offense
- $750 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for at least 1 but not more than 5 days, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense. (N.J.S.A. 39:3-40(j)).
3rd or Subsequent Offense
- $1000 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for 10 days, and
- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008 Page 9 of 13
Offense 39:3-40 (f) (1)
Driving while license suspended due to conviction for N.J.S.A. 39:6B-2 (driving without insurance)
1st Offense
- $1000 fine, and
- driver's license suspension not less than 12 months, nor more than 30 months, and
- may impose imprisonment not more than 90 days.
2nd Offense
- $1250 fine, and
- driver's license suspension of not less than 12 months nor more than 30 months, and
- may impose period of imprisonment of not more than 90 days, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent Offense
- $1500 fine, and
- driver's license suspension of not less than 12 months nor more than 30 months, and
- imprisonment for not less than 10 days, nor more than 90 days, and
- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008 Page 10 of 13
Offense 39:3-40 (f) (2)
Driving while license suspended due to conviction for:
- N.J.S.A. 39:4-50 (driving while intoxicated), or
- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test), or
- N.J.S.A. 39:5-30a to -30e (habitual offender)
1st Offense
- $1000 fine, and
-driver's license suspension of not less than 12 months, nor more than 30 months, and
-imprisonment of not less than 10 days, nor more than 90 days, and
-revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1)
2nd Offense
-$1250 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 10 days, nor more than 90 days, and
- revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.
3rd or Subsequent Offense
- $1500 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 10 days, nor more than 90 days, and
- revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.
October 6, 2008 Page 11 of 13
Offense 39:3-40 (f) (3)
Driving while license suspended in a school zone due to conviction for:
- N.J.S.A. 39:4-50 (driving while intoxicated), or
- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test)
1st Offense
- $1000 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 60 days nor more than 90 days.
2nd Offense
- $1250 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 120 days nor more than 150 days, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent Offense
- $1500 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment for 180 days, and
- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008 Page 12 of 13
Offense 39:3-40 (g)
Driving while license suspended for failure to pay surcharges under N.J.S.A. 17:29A-35
1st Offense
- $500 fine, and
- driver's license suspension not to exceed 6 months, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed
2nd Offense
- $750 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for at least 1 but not more than 5 days, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent Offense
- $1000 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for 10 days, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, and
- if 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008 Page 13 of 13
Offense 39:3-40(i)
Driving while license is suspended for failure to respond to failure to appear notice or to pay parking judgment or for failure to comply with a time payment order.
1st Offense
- maximum $100 fine upon proof that the violator has satisfied the parking tickets
Fines and Penalties of Common Motor Vehicle Offenses
Published with this notice is a revised schedule of Fines and Penalties of
Common Motor Vehicle Offenses (formerly the “Minimum Mandatory Fines and
Penalties Schedule”). The schedule includes only selected offenses commonly charged
under Title 39 of the New Jersey Statutes, not all chargeable motor vehicle offenses.
Please note that court costs and mandatory assessments are not included in the fine
amounts. The revisions are current through October 2008.
The schedule is being provided for the convenience of municipal court
practitioners. This is the first revision of the schedule since August 2004.
This notice and the appended schedule also will be posted on the Judiciary’s
Internet website (www.njcourtsonline.com).
/s/ Glenn A. Grant
_____________________________________
Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Dated: December 2, 2008
Fines and Penalties of Common Motor Vehicle Offenses
This schedule contains the fines and penalties of some common motor vehicle offenses. It is designed for quick reference and does not contain every sentencing nuance. Therefore, judges should always consult with the applicable statute before imposing any
sentence.
The fines listed here DO NOT include court costs, so you may add court costs up to a maximum of $33.00, $5.50 of which may not be suspended. See N.J.S.A. 22A:3-4. The listed fines also do not include the assessments found in N.J.S.A. 39:5-41, which, as of the date
of this schedule, total $6.00. Reference should be made to this statute to determine the correct amount of the assessments, at the time of sentencing.
If the "VCCA" box is checked next to an offense, then the offense is subject to a mandatory Violent Crimes Compensation Agency assessment of $50 in accordance with N.J.S.A. 2C:43-3.1. Similarly, if the "Safe Neigh." box is checked, the offense is subject to the
mandatory Safe Neighborhood assessment of $75 in accordance with N.J.S.A. 2C:43-3.2.
If the "65 mph" box is checked next to an offense, then the listed fines shall be doubled when the offense is committed in an area which has been designated as having a speed limit of 65 miles per hour. N.J.S.A. 39:4-98.6. Similarly, if the "Con. Zone/Safe Cor" box is
checked, the listed fines shall be doubled when committed in an area of highway construction or repair, or when committed in a designated safe corridor. N.J.S.A. 39:4-203.5.
October, 2008
In addition to the fines and penalties listed, a judge may revoke the driver's license of any person for the willful violation of any offense found in subtitle 1 of Title 39, N.J.S.A. 39:1-1 to 39:5G-1. See N.J.S.A. 39:5-31.
If the "Payable" box is checked next to an offense, then the offense is listed in the Statewide Violations Bureau Schedule. REMEMBER that the payable amounts listed in the Violations Bureau Schedule DO include court costs and assessments, so court costs and assessments
should never be added to the payable amount.
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-6.13(a) Registration card of apportioned vehicle not in
vehicle
39:3-6.17 $500 $500
Tuesday, October 14, 2008 Page 1 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-9a Failure to notify change in name 39:3-86 Fine or imprisonment not exceeding 15 days, or both $25 $500
39:3-9a Failure to endorse license 39:3-86 Fine or imprisonment not exceeding 15 days, or both $25 $500
39:3-10 Driving without a license where offender has never
been licensed in N.J. or elsewhere
Fine or imprisonment for not more than 60 days and no license to
issue for at least 180 days
$200 $500
39:3-10 Driving without a license where the offender has
been licensed in NJ or elsewhere
Fine or imprisonment in the county jail for not more than 60 days None $500
39:3-10.18(a) Failure to possess valid commercial driver’s license Fine or imprisonment up to 60 days, or both $250 $500
39:3-10.18(b) Driving a commercial vehicle after driver's
license has been suspended
1) Fine or imprisonment up to 90 days, or both
2) If accident with personal injury to another occurs while violating
this section, 90 days imprisonment, $5000 fine and
suspension of commercial driving privileges in accordance with
N.J.S.A. 39:3-10.20(f)
$500 $5000
39:3-10.24 Refusal to consent to taking samples of breath
after arrest for operating commercial vehicle under
the influence pursuant to N.J.S.A. 39:3-10.13
First offense: Fine and six month revocation of driver's license, and
satisfy the requirements of a program of alcohol education
pursuant to N.J.S.A. 39:4-50
$250 $500
39:3-10.24 Refusal to consent to taking samples of breath
after arrest for operating commercial vehicle under
the influence pursuant to N.J.S.A. 39:3-10.13
Subsequent offense: Fine and 2 year revocation of driver's license,
and satisfy the requirements of a program of alcohol education
pursuant to N.J.S.A. 39:4-50
$250 $500
Tuesday, October 14, 2008 Page 2 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-12 Illegal securing of driver’s license Fine or imprisonment for not less than 30 days nor more than 90
days, or both
$200 $500
39:3-13.2a Violation of conditions of the special learner's
permit, other than conviction of alcohol or
drug related offense
39:3-13.8 $100 $100
39:3-20(e) Weight in excess of limitation permitted by
certificate of registration for commercial vehicles
Plus $100 per 1000 lbs. or fraction thereof of excess weight $500 none
39:3-20.1 Misuse of registration of empty trucks 39:3-20.2 Fine and suspension or revocation of the privilege $25 $100
39:3-27.11 Misuse of fire department or first aid squad plates 39:3-27.12 $25 $50
39:3-27.17 Misuse of disabled veteran plates 39:3-27.18 $25 $50
39:3-27.21 Misuse of commuter van plates 39:3-27.22 $25 $50
39:3-27.27 Misuse of street rod plates $25 $50
39:3-29 Failure to exhibit documents If person can exhibit card to judge, then judge can dismiss but can
impose costs
$150 $150
39:3-29 Failure of omnibus driver to exhibit documents If person can exhibit card to judge, then judge can dismiss but can
impose costs
$250 $250
39:3-29.8(a) Display/poss fictitious ID 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-29.8(b) Lend I.D. card to another 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
Tuesday, October 14, 2008 Page 3 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-29.8(c) Display/represent ID card not issued to him/her 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-29.8(d) Permit unlawful use of ID card 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-29.8(e) Utilization of ID card for forbidden acts 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-29.8(f) Reproduction of I.D. cards 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-29.8(g) Alteration of I.D. cards 39:3-29.10 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:3-35 Lending or misusing registration certificate or
plates
$25 $50
39:3-37 Falsifying application on examination Fine or imprisonment for not more than 6 months, or both $200 $500
39:3-38 Counterfeiting plate or marker Fine or revocation of driver’s license not exceeding 6 months $50 $100
39:3-38 Using other than issued marker $25 $50
39:3-40 Driving when license refused, suspended,
revoked or prohibited
(See attached chart at the end of the schedule)
39:3-47(c) No altering equipment to defeat inspection 39:3-79 None $25
39:3-54.7 Unauthorized person operating emergency lights 39:3-54.13 None $200
Tuesday, October 14, 2008 Page 4 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-54.10 More than 2 emergency warning lights on vehicle 39:3-54.13 Privilege to operate emergency warning lights may be suspended
or revoked
None $100
39:3-64(c) Warning signal required for disabled vehicle 39:3-79 None $25
39:3-66 Maintenance of lamps, reflectors, etc. 39:3-79 None $25
39:3-69 Horns and audible warning devices 39:3-79 None $25
39:3-70 Mufflers 39:3-79 None $25
39:3-70.2 Air pollution from motor vehicles and school buses Fine is per day/per vehicle $250 $1000
39:3-71 Mirrors 39:3-79 None $25
39:3-72 Tire Equipment 39:3-79 None $25
39:3-74 Windshields must be unobstructed and equipped
with cleaners
39:3-79 None $25
39:3-75 Safety glass 39:3-79 None $25
39:3-76.2 Sale or operation of vehicle without safety belts 39:3-79 None $25
39:3-76.2a Restraint or booster seat for child under age 8 39:3-76.2d Fine shall be suspended if defendant can prove possession
and use of approved restraint
$10 $25
39:3-76.2f Failure to wear seat belt 39:3-76.2j $20 $20
39:3-76.5 Failure to equip motorcycles with
permanent seat and footrests for passenger
$50 $100
Tuesday, October 14, 2008 Page 5 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:3-79.8 Prohibition of supplying fuel to vehicle without label First offense (penalty may be collected in accordance with
N.J.S.A. 2A: 58-10 et seq.)
$25 $25
Subsequent offense (penalty may be collected in accordance with
N.J.S.A. 2A:58-10 et seq.)
$50 $50
39:3-80 Vehicle with inferior tires First offense $50 $100
Subsequent offense $100 $200
39:3-81 Tires fitted with projections Penalty may be collected in accordance with N.J.S.A. 2A:58-
10 et seq.
$25 $50
39:3-84.3(i) Violation of dimensional limitations $150 $500
39:3-84.3(j) Violation of weight limitations Fine an amount equal to $0.02 per pound for each pound of the total
excess weight provided the total excess weight is 10,000 Ibs. or
less, or shall be fined an amount equal to $0.03 per pound for each
pound of the total excess weight provided that the total excess
weight is more than 10,000 lbs., but in no event should the fine be
less than $50
$50 none
39:3-84.3(l) Violation of designated routes First offense none $400
Second offense $700 $700
Subsequent offense $1000 $1000
39:3B-25 School bus driver using cell phone $250 $500
39:3C-17(a) Operating snowmobiles/all terrain vehicles on limited
access highway
39:3C-28 $100 $200
Tuesday, October 14, 2008 Page 6 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-14.4 Sale of bike without reflectors 39:4-14.8 First Offense None $50
Subsequent Offense $100 $100
39:4-14.10(e) Failure to wear helmet while operating electric
personal assistive mobility device violations
39:4-14.11 First offense: Warning none none
39:4-14.11 Second offense $10 $10
39:4-14.11 Third or subsequent offense, requires court to impound the
device for not more than 30 days. A person who fails to comply with
the requirements governing warning notices shall be fined not
more than $100 for each violation.
none none
39:4-36 Driver to yield to pedestrian at crosswalk Fine or imprisonment not to exceed 15 days $100 $100
39:4-48 Operating or using a vehicle without consent of
owner
$100 none
39:4-49 Tampering with vehicle First offense $10 $50
Subsequent offense: Fine or imprisonment not exceeding 30
days, or both
$50 $100
39:4-49.1 Operation of a motor vehicle while in possession
of controlled dangerous substance
Fine and 2 years suspension of driver’s license $50 none
39:4-50 Operating under the influence (See attached chart at the end of the schedule)
39:4-50.4a Refusal to undergo breathalyzer test (See attached chart at the end of the schedule)
Tuesday, October 14, 2008 Page 7 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-50.14 Operation of motor vehicle by person whose blood
alcohol is between .01% and .08% and is under the
legal age to purchase alcoholic beverages
Loss of license for not less than 30 days nor more than 90 days and
perform community service for not less than 15 days nor more than
30 days. In addition, must satisfy program and fee requirements of
the IDRC or participate in a program of alcohol education and
highway safety. Penalties shall be in addition to the penalties which
the court may impose under N.J.S.A. 2C:33-15, N.J.S.A. 33:1-
81, N.J.S.A. 39:4-50, or any other law
39:4-50.15(b) Parent driving while intoxicated with child in car 2C:43-3 2C:43-8 Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:4-50.19(b) Circumventing interlock device 2C:43-3 2C:43-8 Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:4-51a Consumption of alcoholic beverage by operator or
passenger
First offense $200 $200
Second or subsequent offense: Fine or 10 days community service $250 $250
39:4-51b Possession of open container of alcohol in
passenger compartment
First offense $200 $200
Subsequent offense: Fine or community service for 10 days $250 $250
39:4-52 Racing on highway First offense $25 $100
Subsequent offense $100 $200
39:4-53 Leaving vehicle with engine running $10 $25
39:4-56 Delaying traffic 39:4-203 Fine and imprisonment for a term not exceeding 15 days None $50
Tuesday, October 14, 2008 Page 8 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-56.1 Willful abandonment of motor vehicle to obstruct
traffic
39:4-56.2 Fine and suspension of driver’s license not less than 1 year nor
more than 5 years
$200 $500
Subsequent offense: Fine and suspension of driver's license for 5
years
$500 $1000
39:4-56.5 Abandonment of motor vehicle First offense: Fine and license or driving privileges may be
suspended or revoked by Administrator of MVC for not more
than 2 years
$100 $500
Subsequent offense: Fine and license or driving privileges may
be suspended or revoked by Administrator of MVC for a period
of not more than 5 years
$500 $1000
39:4-56.8 Failure of towing service to tow disabled vehicle $25 $50
39:4-63 Placing, throwing, or depositing injurious
substances on highway
Fine and may forfeit right to operate a motor vehicle for 30 days $100 $500
39:4-64 Throwing or dropping debris from a vehicle $200 $1000
39:4-66.2 Operation of motor vehicle on public or private
property to avoid traffic signal
Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-67 Obstructing passage of vehicles 39:4-203 Fine and imprisonment for a term not exceeding 15 days, or both None $50
Tuesday, October 14, 2008 Page 9 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-76 Driving overweight vehicle on interstate bridge $0.02 per pound for each pound of excess weight if the excess does
not exceed 10,000 pounds, and $0.03 per pound for each pound of
excess weight if the excess weight exceeds 10,000 pounds, but in no
event less than $50.00. In addition, the owner of the vehicle
shall be responsible for damages to the bridge
$50 none
39:4-77.1 Snow or ice falling off moving vehicle- non-
commercial vehicle
$200 $1000
39:4-77.1 Snow or ice falling off moving vehicle-
commercial vehicle
$500 $1500
39:4-80 Failure to obey directions of officer 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-81 Failure to obey traffic control device 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-82 Failure to keep right 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-82.1 Failure to drive on right-hand roadway 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-83 Failure to keep to right at intersection 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-84 Failure to pass to right when proceeding in
opposite direction
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-85 Failure to pass to left when overtaking 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-85.1 Wrong way on one-way street 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
Tuesday, October 14, 2008 Page 10 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-86 Failure to overtake and pass properly 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-87 Failure to give overtaking vehicle right of way 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-87.1 Failure to yield to bus 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-88 Failure to drive properly in marked lanes 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-89 Following vehicle too closely 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-90 Failure to yield right of way at intersection 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-90.1 Entering or leaving limited access highways
improperly
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-91 Failure to yield right of way to emergency vehicles 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-92 Failure to pull over for emergency vehicles and
following an emergency vehicle too closely
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-92.1 Following fire department vehicle too closely back to
fire station
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-94 Train unnecessarily blocking highway 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-96 Reckless driving First offense: Fine or imprisonment not exceeding 60
days, or both
$50 $200
Second or subsequent offense: Fine or imprisonment not
exceeding 3 months, or both
$100 $500
Tuesday, October 14, 2008 Page 11 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-97 Careless driving 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-97a Motor vehicle operation causing property damage 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-97.1 Slow speed as to block traffic 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-97.2 Operating a motor vehicle in an unsafe manner,
endangering persons or property
First offense; $250 surcharge $50 $150
Second offense; $250 surcharge $100 $250
Third or subsequent offense; $250 surcharge $200 $500
39:4-97.3 Operating a motor vehicle while using a cell phone 39:4-97.3(d) If used as an alternative in a plea agreement, then same as penalty
for N.J.S.A. 39:4-97.2
$100 $100
39:4-98 Speeding 39:4-104 39:4-98.7 Fine or imprisonment not exceeding 15 days, or both when
guilty. Fine doubled when driving 20 mph over speed limit or 10 mph
over in a 65 mph zone
$50 $200
39:4-100 Speeding across sidewalk 39:4-104 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-115 Failure to make proper turn 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-116 Failure to make proper turn at arrow 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-117 Special pedestrian interval; pedestrian violation 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-117 Special pedestrian interval; motorist violation 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
Tuesday, October 14, 2008 Page 12 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-119 Failure to observe flashing traffic signals 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-120.9 Motorists required to obey traffic control device at
public-private intersection
39:4-120.10 39:4-203 Fine or improsonment for a term not exceeding 15 days, or both $50 $200
39:4-122 Failure to obey whistle of police officer 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-123 Failure to make proper turn 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-124 Failure to turn as indicated by buttons or markers at
intersection
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-125 U-Turn on curve or grade where view obstructed or
"No-U-Turn" sign
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-126 Failure to signal before starting, turning or stopping 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-127 Backing or turning in street 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-127.1 Failure to stop at railroad crossings 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-127.2 Failure to stop at approaches to movable
span bridges
39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-128.1 Passing school bus while picking up or discharging First offense: Fine or imprisonment not exceeding 15
days or 15 days community service, or both
$100 none
Subsequent offense: Fine or imprisonment not exceeding 15
days, or both
$250 none
Tuesday, October 14, 2008 Page 13 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-129(a) Leaving the scene of accident involving injury or
death
First offense: Fine or 180 days imprisonment, or both, and
suspension of driving privileges for 1 year from date of conviction.
Imprisonment shall be imposed only if death or injury to another
person
$2500 $5000
Subsequent offense: Fine or 180 days imprisonment from date of
conviction, or both, and permanent forfeiture of driver's license.
Imprisonment shall be imposed only if death or injury to another
person
$2500 $5000
39:4-129(b) Leaving the scene of accident involving
damages to attended vehicle or property
First offense: Fine or imprisonment not exceeding 30
days, or both, and suspension of driving privileges for six months
from date of conviction
$200 $400
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 90 days, or both, and suspension of driving
privileges for 1 year from date of conviction
$400 $600
39:4-129(d) Leaving the scene of accident involving
damages to unattended vehicle or property
First offense: Fine or imprisonment not exceeding 30
days, or both, and suspension of driving privileges for six months
from date of conviction
$200 $400
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 90 days, or both, and suspension of driving
privileges for 1 year from date of conviction
$400 $600
39:4-130 Failure to report accident $30 $100
Tuesday, October 14, 2008 Page 14 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:4-132 Failure of repairman to report damages Fine or imprisonment not less than 30 days nor more than 90 days, or
both
$100 $500
39:4-144 Failure to obey "Stop" or "Yield Right of Way" signs 39:4-203 Fine or imprisonment not exceeding 15 days, or both $50 $200
39:4-207.9 Failure to maintain handicapped parking space $500 $1000
39:4-208 Improper traffic & parking on State property 39:4-209 $1 $15
39:4-208 Altering, conterfeiting or misuse of State parking
permits
39:4-209 none $50
39:5C-1 Racing or making speed records First offense; disorderly persons offense $25 $100
Subsequent offense: Fine or imprisonment for not more than 90
days or both; disorderly persons offense
$100 $200
39:6B-2 Failure to carry motor vehicle insurance coverage First offense: Fine and a period of community service as determined
by the court, and suspension of driving privileges for 1 year
$300 $1000
Subsequent offense: Fine and shall be subject to 14 days
imprisonment, and 30 days community service and
suspension of driving privileges for 2 years from date of conviction
none $5000
39:8-18 Affixing approval sticker without re-inspection or
conformity to standards
First offense: Fine and suspension of re-inspection center’s license
for at least 1 year but not more than 3 years
$1000 $1500
Subsequent offense: Fine and permanent revocation of
reinspection center's license
$2000 $3500
Tuesday, October 14, 2008 Page 15 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:8-48 Private agency affixes certificate without motor
vehicle inspection
Possible suspension of facility license for a period of not less
than 6 months
$500 None
39:9-2 Commercial driver exceeding maximum
permitted on-duty hours
39:9-4 First offense: If default in payment of fine, defendant shall be
imprisoned for not more than 5 days
$25 $25
Subsequent offense: If default in payment of fine, defendant shall
be imprisoned for not more than 10 days
$50 $50
39:10-10 Failure to deliver certificate of ownership $25 $25
39:10-11(a) Fail to submit evidence of purchase to director 39:10-20 First offense None $500
Subsequent offense: Suspend driver's license for less than
unexpired term or revoke
None $1000
39:10-12 False application for a duplicate certificate of
ownership
Fine or imprisonment not exceeding 30 days, or both $200 $500
39:10-26 Motor vehicle dealer selling vehicle that does not meet
standard
39:10-30 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:10-27 Seller of used vehicle fails to make repair 39:10-30 2C:43-3
2C:43-8
Imprisonment shall not exceed 6 months; disorderly persons offense None $1000
39:10B-2 Identification of motor component parts: Violation
of record maintenance requirements
Fine or imprisonment not exceeding 90 days, or both. $25 $100
39:11-3 Operating a junk yard without a license 39:11-11 Fine or imprisonment not exceeding 90 days, or both $25 $100
Tuesday, October 14, 2008 Page 16 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:11-9 Failure of junk yard owner to certify the condition of
vehicles sold
39:11-11 Fine or imprisonment not exceeding 90 days, or both $25 $100
39:12-2 Operating a driving school without a license 39:12-12 First offense: Fine or imprisonment not less than 10
days nor more than 30 days, or both
$100 $250
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 3 months, or both
$250 $500
39:12-2.1 Failure of driving school instructor to receive
required training
39:12-12 First offense: Fine or imprisonment not less than 10
days nor more than 30 days, or both
$100 $250
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 3 months, or both
$250 $500
39:12-5 Driving school employing an unlicensed instructor 39:12-12 First offense: Fine or imprisonment not less than 10
days nor more than 30 days, or both
$100 $250
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 3 months, or both
$250 $500
39:12-11 Driving school failing to keep records 39:12-12 First offense: Fine or imprisonment not less than 10
days nor more than 30 days, or both
$100 $250
Subsequent offense: Fine or imprisonment not less than 30
days nor more than 3 months, or both
$250 $500
Tuesday, October 14, 2008 Page 17 of 18
N.J.S.A. Description Penalty N.J.S.A. Additional Penalties Minimum Maximum 65 MPHCon. Zone Safe Cor
VCCA
Safe Neigh.
Payable
39:12-15 Failure to wear seat belts in driver's school
(instructor and student)
First offense $25 $25
Subsequent offense $50 $50
Tuesday, October 14, 2008 Page 18 of 18
October 6, 2008 Page 1 of 13
N.J.S.A. 39:4-50 and N.J.S.A. 39:4-50(g)
Offense 39:4-50
Driving while intoxicated
1st Offense - BAC 0.08% or - $250 to $400 fine, and higher, but less than .10% or
observation case - IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and
- in court's discretion, imprisonment not exceeding 30 days, and
- driver's license suspension for a period of 3 months, and
- VCCA $50, DDEF $100, SNSF $75, AND $100 surcharge, and
- may order participation in supervised visitation programs either a condition of probation or a form of
community service, and
- may order installation of an ignition interlock device for not less than 6 months nor more than 1 year, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements
are satisfied.
1st Offense - BAC 0.10% or - $300 to $500 fine, and
higher or operation under influence of drugs
- IDRC 12 to 48 hours spent during 2 consecutive days of not less than 6 hours each day, and
- in court's discretion, imprisonment not exceeding 30 days, and
- driver's license suspension for not less than 7 months nor more than 1 year, and
- VCCA $50, DDEF $100, SNSF $75, AND $100 surcharge, and
- may order participation in supervised visitation program as either a condition of probation or a form of community service, and
October 6, 2008 Page 2 of 13
1
st Offense – BAC 0.10% Cont. - may order installation of an ignition interlock device for not less than 6 months nor more than 1 year,
and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not
met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied.
- $500 to $1000 fine, and 2nd Offense
- imprisonment of not less than 48 consecutive hours, which shall not be suspended or served on
probation, nor more than 90 days, and
- driver's license suspension for 2 years, and
- community service for 30 days, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- may order participation in a supervised visitation program as either a condition of probation or a form of community service, and
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or
shall revoke all registration certificates and registration plates for 2 years, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements
are satisfied.
3rd or Subsequent Offense - $1000 fine, and
- imprisonment not less than 180 days in county jail or workhouse, except that the court may order defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient
rehabilitation program approved by the IDRC, and
- driver's license suspension for 10 years, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- may order participation in a supervised visitation program as either a condition of probation or a form of community service, and
October 6, 2008 Page 3 of 13
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, or shall revoke all registration certificates and registration plates for 10 years, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not
met, then mandatory 2- day term of imprisonment and driver's license suspension until requirements are satisfied.
Please Note Please Note: If the second offense occurs more than 10 years after the first offense, the court
shall treat the second conviction as a first offense for sentencing purposes. If the third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as
a second offense for sentencing purposes.
October 6, 2008 Page 4 of 13
Offense 39:4-50(g)
Driving while intoxicated while on school property
1st Offense - $500 to $800 fine, and
- imprisonment not exceeding 60 days, and
- driver's license suspension for not less than 1 year nor more than 2 years, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- shall order installation of an ignition interlock device for not less than 6 months nor more than 1 year,
and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are
satisfied.
2nd Offense - $1000 to $2000 fine, and
- imprisonment of not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not
exceeding 90 days, served performing community service, and
- driver's license suspension for 4 years, and
- community service for 60 days, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are
satisfied.
October 6, 2008 Page 5 of 13
3rd or Subsequent - $2000 fine, and
- imprisonment not less than 180 days in a county jail or workhouse, except that the court may order the
defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient rehabilitation program approved by the IDRC, and
- driver's license suspension for 20 years to start upon completion of any prison sentence, and
- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and
- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and
- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not
met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied.
October 6, 2008 Page 6 of 13
N.J.S.A. 39:4-50.4a
Offense 39:4-50.4a
Refusal to submit to chemical test (penalty provision at N.J.S.A. 39:4-50.4a(a)
1st Offense - $300 to $500 fine, and
- driver's license suspension not less than 7 months or more than 1 year (consecutive to any revocation
imposed under N.J.S.A. 39:4-50 unless part of a permitted plea agreement in which event the suspension may be concurrent), and
- DDEF $100, and
- shall refer offender to IDRC.
2nd Offense - $500 to $1000 fine, and
- driver's license suspension for 2 years (consecutive to any revocation imposed under N.J.S.A. 39:4-50), and
- DDEF $100, and
- shall refer offender to IDRC.
3rd or Subsequent - $1000 fine, and
- driver's license suspension for 10 years (consecutive to any revocation imposed under
N.J.S.A. 39:4-50), and
- DDEF $100, and
- shall refer offender to IDRC.
October 6, 2008 Page 7 of 13
Offense 39:4-50.4a
Refusal to submit to chemical test on school property (penalty provision at N.J.S.A. 39:4-50.4a(b)
1st Offense - $600 to $1000 fine, and
- driver's license suspension not less than 1 year or more than 2 years (consecutive to any revocation
imposed under N.J.S.A. 39:4-50), and
- DDEF $100, and
- shall refer offender to IDRC.
2nd Offense - $1000 to $2000 fine, and
- driver's license suspension for 4 years (consecutive to any revocation imposed under N.J.S.A. 39:4-50), and
- DDEF $100, and
- shall refer offender to IDRC.
3rd or Subsequent - $2000 fine, and
- driver's license suspension for 20 years (consecutive to any revocation imposed under
N.J.S.A. 39:4- 50), and
- DDEF $100, and
- shall refer offender to IDRC.
October 6, 2008 Page 8 of 13
N.J.S.A. 39:3-40 October, 2008
Note: For all offenses under this statute that involve an accident resulting in personal injury to another, the court is required to impose a
period of imprisonment for not less than 45 days, or more than 180 days. N.J.S.A. 39:3-40(e).
Offense 39:3-40
Driving while license suspended- general provision
1st Offense
- $500 fine, and
- driver's license suspension not to exceed 6 months
2nd Offense
- $750 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for at least 1 but not more than 5 days, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense. (N.J.S.A. 39:3-40(j)).
3rd or Subsequent Offense
- $1000 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for 10 days, and
- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008 Page 9 of 13
Offense 39:3-40 (f) (1)
Driving while license suspended due to conviction for N.J.S.A. 39:6B-2 (driving without insurance)
1st Offense
- $1000 fine, and
- driver's license suspension not less than 12 months, nor more than 30 months, and
- may impose imprisonment not more than 90 days.
2nd Offense
- $1250 fine, and
- driver's license suspension of not less than 12 months nor more than 30 months, and
- may impose period of imprisonment of not more than 90 days, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent Offense
- $1500 fine, and
- driver's license suspension of not less than 12 months nor more than 30 months, and
- imprisonment for not less than 10 days, nor more than 90 days, and
- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008 Page 10 of 13
Offense 39:3-40 (f) (2)
Driving while license suspended due to conviction for:
- N.J.S.A. 39:4-50 (driving while intoxicated), or
- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test), or
- N.J.S.A. 39:5-30a to -30e (habitual offender)
1st Offense
- $1000 fine, and
-driver's license suspension of not less than 12 months, nor more than 30 months, and
-imprisonment of not less than 10 days, nor more than 90 days, and
-revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1)
2nd Offense
-$1250 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 10 days, nor more than 90 days, and
- revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.
3rd or Subsequent Offense
- $1500 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 10 days, nor more than 90 days, and
- revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for previous offense.
October 6, 2008 Page 11 of 13
Offense 39:3-40 (f) (3)
Driving while license suspended in a school zone due to conviction for:
- N.J.S.A. 39:4-50 (driving while intoxicated), or
- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test)
1st Offense
- $1000 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 60 days nor more than 90 days.
2nd Offense
- $1250 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 120 days nor more than 150 days, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent Offense
- $1500 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment for 180 days, and
- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008 Page 12 of 13
Offense 39:3-40 (g)
Driving while license suspended for failure to pay surcharges under N.J.S.A. 17:29A-35
1st Offense
- $500 fine, and
- driver's license suspension not to exceed 6 months, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed
2nd Offense
- $750 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for at least 1 but not more than 5 days, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent Offense
- $1000 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for 10 days, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, and
- if 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
October 6, 2008 Page 13 of 13
Offense 39:3-40(i)
Driving while license is suspended for failure to respond to failure to appear notice or to pay parking judgment or for failure to comply with a time payment order.
1st Offense
- maximum $100 fine upon proof that the violator has satisfied the parking tickets
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