Title 39, Title 39: MOTOR VEHICLES AND TRAFFIC REGULATION

39:5-22. Revoked license not restored by appeal Where a license has been revoked for a violation of section 39:4-50 of this Title, and an appeal has been taken from the judgment, the appeal shall not operate to restore the license during the pendency of the appeal, however, the l…

39:5-24. Proceedings on Sunday Proceedings under this subtitle may be instituted on any day of the week, and the institution of the proceedings on Sunday shall be no bar to the successful prosecution thereof. Any process served on Sunday shall be as valid as if served on any othe…

39:5-25. Arrest without warrant 39:5-25. Any law enforcement officer may, without a warrant, arrest any person violating in his presence any provision of chapter 3 of this Title, or any person, other than a motorman or person having control of a street car or auto bus, running up…

39:5-25.1 Summons, identification of motorist as holder of commercial driver license. 11. Upon issuance of a summons or complaint charging a motorist with any violation, other than a parking violation, under Title 39 of the Revised Statutes, a law enforcement officer shall identi…

39:5-27. License exhibited to magistrate upon arrest Any driver arrested for a violation of any provision of this subtitle shall, on demand of the magistrate hearing the complaint against him, produce his license for inspection. If he fails to produce his license or to give satis…

39:5-28. Validity, service and effect of summons or warrant and arrest thereon in county other than where issued A summons or warrant issued by a magistrate under this chapter shall be valid throughout the State. An officer who may serve the summons or warrant and make arrest on …

39:5-3 Appearance, arrest process; complaint; venue. 39:5-3. a. When a person has violated a provision of this subtitle, the judge may, within 30 days after the commission of the offense, issue process directed to a police officer or the chief administrator for the appearance or …

39:5-30 Suspension, revocation of registration, license certificates. 39:5-30. a. Every registration certificate, every license certificate, every privilege to drive motor vehicles, including commercial motor vehicles as defined in P.L.1990, c.103 (C.39:3-10.9 et al.), every endo…

39:5-30.1. Suspension or revocation of driver's license where reciprocity driving privilege is suspended or revoked in another state Whenever the reciprocity driving privilege of any New Jersey resident is suspended or revoked by lawful authority in another State upon a convictio…

39:5-30.10. Subsequent violations; suspension; notice; hearing; failure to appear Except for good cause, the director shall suspend for a period as provided herein the license to operate a motor vehicle of any person who, having had his license suspended pursuant to subsection a.…

39:5-30.11. Initial notification; defense; accumulated points It shall not be a defense to nor a reason for an adjournment of any suspension proceeding instituted pursuant to this act that a. the director initially notified the licensee of any less stringent administrative altern…

39:5-30.12. Definitions 1. As used in sections 1 through 5 of this act: "Conviction" means a final adjudication that a violation has occurred, a final judgment on a verdict, a finding of guilt in a tribunal of original jurisdiction, or a conviction following a plea of guilty, non…

39:5-30.14. Notice of suspension, revocation, postponement; hearing request 3. The proposed notice of suspension, revocation, or postponement shall be mailed to the person at his last address of record with the Division of Motor Vehicles. The suspension, revocation, or postponeme…

39:5-30.15. Responsibility of director 4. The Director of the Division of Motor Vehicles shall be responsible for the receipt of all reports of drug offense convictions submitted to this State by federal courts, courts of any other state, or courts of the District of Columbia. L.…

39:5-30.16. Rules, regulations 5. The Director of the Division of Motor Vehicles may promulgate rules and regulations pursuant to the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.) to implement sections 1 through 5 of this act. L.1993,c.296,s.5.

39:5-30.2 Review by chief administrator, alternatives to suspension, revocation. 1. Any moving violation of the motor vehicle law which carries with it a penalty of suspension or revocation of a driver's license may be subject to review by the chief administrator. The chief admin…

39:5-30.4 Driver Improvement Program; fee. 1. Persons attending a Driver Improvement Program offered by the New Jersey Motor Vehicle Commission, an approved drivers' school, or a Statewide safety organization, as approved by the commission, shall pay such fee therefor not to exce…

39:5-30.5. Penalty points; rules and regulations; authority to adopt The Director of the Division of Motor Vehicles shall have the authority, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), to continue to adopt rules and regulations to dete…

39:5-30.5a. Assessment of points a. The director shall, in establishing a motor vehicle point system, pursuant to section 1 of P.L. 1982, c. 43 (C. 39:5-30.5), include in that system a schedule of points to be assessed against a person operating a motor vehicle, except a motor ve…

39:5-30.6. Penalty points; assessment; record The court shall assess points at the time of conviction for any offense committed in this State, and the Director of the Division of Motor Vehicles in the Department of Law and Public Safety shall, upon receiving notice, assess points…

39:5-30.7. Accumulated points; notification Whenever a licensee has accumulated six or more points, the director shall notify him at his last address of record with the Division of Motor Vehicles of the number of points he has been assessed and the general nature and effect of th…

39:5-30.8. Suspension of license; accumulated points; notice; effective date; hearing; failure to appear Except for good cause, the director shall suspend for a period of no less than 30 days and no more than 180 days, except as provided in section 6 of this act, the license to o…

39:5-30.9. Reduction of points Points recorded against a licensee shall be reduced at the rate of three points for each 12 consecutive months in which the licensee has not committed any violation either resulting in the assessment of points or in the suspension of driving privile…

39:5-30a. Habitual offender defined As used in this act: "Habitual offender" means a person who has his license to operate a motor vehicle suspended three times for violations occurring within a 3-year period. L.1982, c. 85, s. 1, eff. Oct. 1, 1982.

39:5-30b. Suspension of license; period of time; notice; hearing The director may suspend for a period of no more than 3 years, the license to operate a motor vehicle of any person who, within a period of 3 years, commits motor vehicle violations, other than a violation of sectio…

39:5-30c. Maximum suspension period; circumstances determining In determining the appropriateness of issuing a suspension for the maximum period of 3 years established by this act, the director may consider the following circumstances: a. The latest offense was of such a nature t…

39:5-30d. Concurrent suspension; application for reinstatement A suspension issued pursuant to this act shall not run concurrently with any other suspension issued pursuant to law. A licensee may apply to the director for reinstatement of his license following the period of suspe…

39:5-30e. Operation of motor vehicle during suspension; fine and imprisonment Unless otherwise provided, an habitual offender convicted of operating a motor vehicle or motorized bicycle, while suspended pursuant to this act, shall pay a fine of $1,000.00 and may be sentenced to a…

39:5-31. Revocation of driver's license by director or magistrate The director or any magistrate before whom any hearing under this subtitle is had may revoke the license of any person to drive a motor vehicle, when such person shall have been guilty of such willful violation of …

39:5-32 Validation, granting of new license. 39:5-32. The commission shall, at all times, have the power to validate a driver's license that has been revoked, or to grant a new license to any person whose license to drive motor vehicles shall have been revoked. Amended 2003, c.13…

39:5-33 Validity of new license. 39:5-33. If a driver of motor vehicles shall have had his license suspended or revoked, a new license granted to him shall be void and of no effect, unless it shall be granted by the commission. Amended 2003, c.13, s.60.

39:5-34 Granting of new registration. 39:5-34. If a registration or registration certificate shall have been suspended or revoked, a new registration or registration certificate issued shall be void and of no effect, unless the new registration shall be made and the new certifica…

39:5-35. Return or surrender of suspended or revoked driver's license or registration certificate and registration plates Any person, whose driver's license or registration certificate has been suspended or revoked, who fails to return it or them to the director, together with an…

39:5-36 Incarceration for default on certain penalties, surcharges; other actions by court. a. The court may incarcerate in the county jail or workhouse of the county where the offense was committed any person upon whom a penalty or surcharge pursuant to subsection f. of section …

39:5-36.1. Fee for dishonored check or payment 31. The Director of the Division of Motor Vehicles shall collect a $25 fee from a person who issues or passes to the division a check, or similar sight order for the payment of money, which is not honored by the drawee. This fee shal…

39:5-39. Physician's fee in certain cases The judge, either in an original proceeding or on appeal for a violation of R.S. 39:4-50, may tax in the costs a sum not exceeding $20.00, which shall be paid to any physician testifying in the proceeding. This amount, when included in th…

39:5-40. Disposition of moneys received under motor vehicle law Except as otherwise provided by this subtitle all moneys received in accordance with the provisions of this Title, whether from fines, penalties, forfeitures, registration fees, license fees, or otherwise, shall be a…

39:5-41 Fines, penalties, forfeitures, disposition of; exceptions. 39:5-41. a. All fines, penalties and forfeitures imposed and collected under authority of law for any violations of R.S.39:4-63 and R.S.39:4-64 shall be forwarded by the judge to whom the same have been paid to th…

39:5-42 Reports by judges to chief administrator on violations, crimes and offenses; removal of certain information. 39:5-42. a. Every judge shall make a report, in such form as the Chief Administrator of the Motor Vehicle Commission may require, to the Chief Administrator: (1) o…

39:5-42.1 Refund of additional insurance premiums. 3. Any insurance company that charged any additional premium based on insurance points assessed against a policyholder as a result of a charge or conviction that was ordered by the court to be deleted, sealed, labeled, or correct…

39:5-43. Failure to pay over fines collected; penalty Any person who, having collected any fine for any violation of this subtitle, fails, within 30 days, to return the same to the director or the proper financial officer of the county or municipality, as the case may be, shall b…

39:5-44. Record of fines payable to county; inspection Every court having jurisdiction to hear complaints for violations of the provisions of this Title shall keep a record of the disposition of all complaints under this subtitle, for which a fine may be imposed which record shal…

39:5-45 Itemized receipt. Any person who collects fines, costs or cash bail, for a violation of this subtitle, shall deliver to the defendant a proper itemized receipt, which may be either a "proper itemized manual receipt" or a "proper itemized computer generated receipt." Such …

39:5-46 Report to commission of stolen produce. 39:5-46. The clerk of every court wherein a person licensed to operate a motor vehicle in this or another state is convicted of stealing produce from a farm in this state, shall, within three days after the conviction, make a report…

39:5-47 Seizure, sale of stolen motor vehicles. 39:5-47. The commission may authorize the seizure of a motor vehicle operated over the highways of this State when it has reason to believe that the motor vehicle has been stolen or is otherwise being operated under suspicious circu…

39:5-5. Entitling proceedings; bond to secure costs 39:5-5. All proceedings for the violation of this subtitle shall be brought in the name of the State, with the director, police officer, peace officer, or any other person who institutes the proceedings as prosecutor. A judge ma…