Bill Text: NJ A1123 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires person in business of selling all-terrain vehicles to properly register vehicle prior to delivery to buyer; increases penalties for violating all-terrain vehicle restrictions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Transportation, Public Works and Independent Authorities Committee [A1123 Detail]
Download: New_Jersey-2012-A1123-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman ANGEL FUENTES
District 5 (Camden and Gloucester)
Assemblyman ALBERT COUTINHO
District 29 (Essex)
SYNOPSIS
Requires person in business of selling all-terrain vehicles to properly register vehicle prior to delivery to buyer; increases penalties for violating all-terrain vehicle restrictions.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning all-terrain vehicles and amending P.L.1973, c.307.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1973, c.307 (C.39:3C-5) is amended to read as follows:
5. The owner of a snowmobile, all-terrain vehicle, or dirt bike required to be registered and numbered in this State shall do so with the commission no later than six months after the effective date of P.L.2009, c.275 (C.39:3C-3.1 et al.).
Every person in the business of selling a snowmobile, [all-terrain vehicle,] or dirt bike shall require proof that the vehicle is properly registered with the New Jersey Motor Vehicle Commission, pursuant to section 3 of P.L.1973, c.307 (C.39:3C-3), before transferring actual physical possession of the snowmobile, [all-terrain vehicle,] or dirt bike to a purchaser of the vehicle. Every person in the business of selling an all-terrain vehicle shall properly register the vehicle with the New Jersey Motor Vehicle Commission, pursuant to section 3 of P.L.1973, c.307 (C.39:C-3), before transferring actual physical possession of the all-terrain vehicle to a purchaser of the vehicle.
If there is a change of ownership for which a registration certificate has been previously issued, the new owner shall apply for a new registration certificate and set forth the original number in the application. The owner shall demonstrate to the commission a notarized bill of sale, assignable certificate of origin, or other formal proof of ownership deemed acceptable by the commission when transferring ownership or selling a snowmobile, all-terrain vehicle, or dirt bike. The owner shall pay the regular fee for the particular snowmobile, all-terrain vehicle, or dirt bike involved. The owner of any registration certificate issued under this section may obtain a duplicate from the commission upon application and payment of the fee prescribed.
(cf: P.L.2009, c.275, s.5)
2. Section 28 of P.L.1973, c.307 (C.39:3C-28) is amended to read as follows:
28. Any person who shall violate any provision of P.L.1973, c.307 (C.39:3C-1 et seq.), if no other penalty is specifically provided, or any rule or regulation promulgated pursuant to P.L.1973, c.307 (C.39:3C-1 et seq.) shall be punished by a fine of not less than $250 nor more than $500. For a second or subsequent violation of section 26 of P.L.1973, c.307 (C.39:3C-26), a fine of not less than $500 nor more than $1,000 shall be imposed. Provided, however, that if the violation is pertaining to an all-terrain vehicle, it shall be punished by a fine of not less than $500 nor more than $1,000. For a second or subsequent violation of section 26 of P.L.1973, c.307 (C.39:3C-26), a fine of not less than $1,000 nor more than $1,500 shall be imposed.
(cf: P.L.2009, c.275, s.28)
3. This act shall take effect on the first day of the sixth month following enactment.
STATEMENT
This bill would require that all-terrain vehicles be properly registered by the vehicle seller with the Motor Vehicle Commission before delivery to the buyer. Under current law, although the vehicle may not be delivered until the buyer provides proof that the vehicle has been properly registered, it is the responsibility of the buyer to register the vehicle.
Under the bill, the penalty for violating the all-terrain vehicle restrictions would be increased to a minimum of $500 and a maximum of $1,000 for a first violation and a minimum of $1,000 and a maximum of $1,500 for a second or subsequent violation. Currently, the penalty for a first violation is between $250 and $500, and between $500 and $1,000 for a second or subsequent violation. The penalties relating to snowmobiles and dirt bikes would remain the same.
