Title 39, Title 39: MOTOR VEHICLES AND TRAFFIC REGULATION

39:2A-13 Powers, duties of board. 13. a. In addition to any powers and duties conferred upon it elsewhere in this act, the board shall be authorized to: (1) Make, amend and repeal bylaws not inconsistent with State and federal law; (2) Adopt an official seal; (3) Maintain an offi…

39:2A-14 Election of vice-chair. 14. The board shall elect annually, by a majority of the full membership of the board, one of its members, other than the Chair, to serve as Vice-Chair for the ensuing year. The Vice-Chair shall hold office until January 1 next ensuing. The Vice-C…

39:2A-15 Member compensation. 15. Members other than those serving ex officio shall serve without compensation, but the board shall reimburse board members for actual expenses necessarily incurred in the discharge of their duties. L.2003, c.13, s.15; amended 2007, c.335, s.5.

39:2A-16 Meetings of board. 16. a. The board shall meet every other month or at more frequent times at the discretion of the Chair or as a majority of the board shall decide. Meetings of the board shall be held at such times and places as the Chair may deem necessary and convenie…

39:2A-17 Minutes delivered to Governor, effect of veto. 17. A true copy of the minutes of every meeting of the board shall be delivered by and under the certification of the secretary of the board, without delay, to the Governor. No action taken at the meeting shall have force or…

39:2A-18 Members subject to Conflicts of Interest Law. 18. Members of the board shall be subject to the provisions of the "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.). L.2003, c.13, s.18; amended 2007, c.335, s.8.

39:2A-19 Removal of member. 19. Each appointed member of the board may be removed from office by the Governor for cause, after a public hearing and may be suspended by the Governor pending the completion of the hearing. Before assuming the duties of board membership, each member …

39:2A-2 Findings, declarations relative to the New Jersey Motor Vehicle Commission. 2. The Legislature finds and declares that: a. The Division of Motor Vehicle Services (DMV) is one of the State's principal customer service agencies with regular and direct contact with virtually…

39:2A-20 Authorization of payment methods including electronic. 20. The commission may, in acceptance of payment of any fees, fines, penalties, surcharges, service charges or other charges, authorize the use of a credit or debit card or any other electronic payment device. L.2003…

39:2A-21 Rules, regulations. 21. The board shall adopt all rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) for the proper functioning of the commission, and as necessary to effectuate the purposes of this act, exce…

39:2A-22 Annual report to Governor, Legislature. 22. a. On or before January 31 of each year, the commission shall file with the Governor, the presiding officer of each House of the Legislature, and the Senate Transportation Committee and the Assembly Transportation and Public Wo…

39:2A-23 Immunity from liability. 23. Members of the board and officers and employees of the commission shall not be liable in an action for damages to any person for any action taken or recommendation made within the scope of their employment as a member, officer or employee if …

39:2A-24 Absolute, qualified immunities. 24. As the commission is a State agency, all absolute and qualified immunities and defenses provided to public entities and public employees by the "New Jersey Tort Claims Act," P.L.1972, c.45 (N.J.S.59:1-1 et seq.), the "New Jersey Contra…

39:2A-25 Legal representation. 25. The Attorney General shall provide legal representation to the commission and its employees to the same extent as representation is provided to other State agencies and their employees. L.2003,c.13,s.25.

39:2A-26 Advisory council. 26. There is created within the commission one advisory council, which shall provide the board with advice, technical expertise, information, guidance, and recommendations in the area of security and privacy. The board shall designate the appropriate St…

39:2A-27 Study on location, adequacy of agency facilities. 27. The administrator is directed to immediately commence a study on the location and adequacy of agency facilities. Special attention shall be paid to siting agencies which are accessible to transit and parking facilitie…

39:2A-28 Powers, duties of chief administrator. 28. In addition to any powers and duties otherwise imposed by P.L.2003, c.13 (C.39:2A-1 et al.), the chief administrator shall have general responsibility for the implementation of P.L.2003, c.13 (C.39:2A-1 et al.), and shall, witho…

39:2A-29 Goals of administrator, deputy administrator. 29. The administrator, and the deputy administrator under the direction of the administrator, shall have as their immediate goal the improvement of the safety and security of the State's motor vehicle licensing, registration,…

39:2A-3 Definitions relative to New Jersey Motor Vehicle Commission. 3. As used in this act: "Agency" or "motor vehicle agency" means that enterprise run by an agent designated by the commission to be the commission's agent for the registering of motor vehicles, issuing registrat…

39:2A-31 Exercise of powers by commission for people; tax exemption. 32. The exercise of the powers granted by this act will be in all respects for the benefit of the people of the State, for the increase of their commerce and prosperity, and for the improvement of their health a…

39:2A-32 Fingerprinting, criminal history checks of employees; use. 33. a. The commission shall require the fingerprinting of all prospective employees, employees of the commission, and employees of the agents of the commission, for purposes of determining employment eligibility …

39:2A-33 Contracts for ancillary services; use of revenues; rules, regulations. 35. a. The commission may contract for ancillary services at facilities used by the commission, including but not limited to food and beverage concessions, service concessions that would be beneficial…

39:2A-34 Reorganization plans superseded. 40. To the extent that Reorganization Plans Nos. 002-1995 and 005-1998 are inconsistent with any provisions of this act, they are superseded to the extent of such inconsistencies and any reference in such Plans to the Division of Motor Ve…

39:2A-35 Transfer of Commercial Bus Unit. 41. The Commercial Bus Unit in the Department of Transportation, together with all of its functions, powers and duties is transferred to and vested in the commission. This transfer shall be subject to the provisions of the "State Agency T…

39:2A-36 Revenues to be remitted to commission, General Fund. 105. a. The first $200,000,000 of fees and surcharges thereon collected pursuant to the following statutes shall be considered service charges which are revenues to be remitted to the New Jersey Motor Vehicle Commissio…

39:2A-36.1 Increase in fees, surcharges. 16. a. On and after the effective date of P.L.2007, c.335 (C.39:2A-36.1 et al.), the board may, by regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), increase fees and surcharges collec…

39:2A-37 Fees concerning licenses, effective date, revenue of the commission, certain. 109. Notwithstanding any other provision of law, all fees established pursuant to P.L.2001, c. 391 shall take effect on the enactment of P.L.2003, c.13 (C.39:2A-1 et al.). The $6 digitized pict…

39:2A-38 Additional fees as security surcharge; commission revenue. 110. In addition to the vehicle registration fees imposed pursuant to the provisions of chapters 3, 4, and 8 of Title 39 of the Revised Statutes, the commission shall impose and collect an additional $7 for each …

39:2A-39 Monies considered revenues of commission. 120. All monies paid to the commission pursuant to section 1 of P.L.1952, c.176 (C.39:6-58) are revenues of the commission and shall not be subject to the calculation of proportional revenues remitted to the commission pursuant t…

39:2A-4 "New Jersey Motor Vehicle Commission" established; division abolished. 4. a. There is hereby established a body corporate and politic, with corporate succession, to be known as the "New Jersey Motor Vehicle Commission." The commission shall be established in the Executive…

39:2A-40 Prior law superseded. 122. All acts and parts of acts inconsistent with any of the provisions of this act are superseded to the extent of such inconsistencies. L.2003,c.13,s.122.

39:2A-41 Severability; liberal construction. 123. The provisions of this act shall be deemed to be severable, and if any phrase, clause, sentence or provision of this act is declared to be unconstitutional or the applicability thereof to any person is held invalid, the remainder …

39:2A-42 Promotional payment incentives. 2. a. Notwithstanding the provisions of any other law to the contrary, no later than six months from the date of enactment of this act, and periodically thereafter, the Chief Administrator of the New Jersey Motor Vehicle Commission shall e…

39:2A-43 "Mainland Memoriam Act." 1. a. This act shall be known and may be cited as the "Mainland Memoriam Act." b. As used in this section: "Dealer" means any person engaged in the business of selling or leasing motor vehicles to consumers or other end users and licensed pursuan…

39:2A-44 Provision of language translation services. 7. In addition to the customer service and security requirements set forth under this title, the Chief Administrator of the New Jersey Motor Vehicle Commission shall provide language translation services at each commission agen…

39:2A-5 Transfer of employees; retirement system, health benefits. 5. a. Upon the abolishment of the division, all career service employees serving in the division on that date shall be employees of the commission and shall be transferred to the commission pursuant to the "State …

39:2A-6 Employee seniority, benefits transferred, continued. 6. a. Notwithstanding the provisions of Title 11A of the New Jersey Statutes and rules promulgated thereunder to the contrary, employees of a private motor vehicle agency who were employed with that agency immediately a…

39:2A-7 Probationary period for certain employees. 7. Notwithstanding the provisions of Title 11A of the New Jersey Statutes and the rules promulgated thereunder to the contrary, all employees entering or returning to State service other than those on a Special Reemployment List …

39:2A-8 Determination of employee salaries. 8. Notwithstanding the provisions of Title 11A of the New Jersey Statutes and the rules promulgated thereunder to the contrary, the employees entering or returning to State service as employees of the commission in career service titles…

39:2A-9 Testing of provisional employees. 9. a. Notwithstanding the provisions of Title 11A of the New Jersey Statutes and the rules promulgated thereunder to the contrary, employees entering State service other than those on a Special Reemployment List as employees of the commis…