Tuesday, February 18, 2014

NJAC 13:20-17.6 Remedial driver education program attendance

NJAC 13:20-17.6 Remedial driver education program attendance 

   (a) A person who is permitted to attend a driver improvement program of the Motor Vehicle Commission in total or partial satisfaction of suspension or revocation shall agree to attend each session of the assigned driver improvement program and to comply with all rules governing attendance, conduct, instruction, and examinations. A person who fails to comply with the foregoing requirements or who otherwise fails to successfully complete the assigned driver improvement program shall be subject to a driver license suspension for the period contained in the notice of proposed suspension. A person who successfully completes the assigned driver improvement program shall be officially warned with respect to future driving.

(b) A person whose driver license has been suspended, pursuant to N.J.A.C. 13:19-10.2 may be required to attend and successfully complete a driver improvement program of the Motor Vehicle Commission as a condition for restoration of the driver license.

(c) The Chief Administrator is authorized to require any person who is licensed on a probationary basis in accordance with N.J.S.A. 39:3-10b to attend a Probationary Driver Program whenever said person accumulates two or more violations of the motor vehicle law which result in the assessment of four or more points under N.J.A.C. 13:19-10.1.

(d) A person who is required to attend a Probationary Driver Program shall agree to attend each session of the program and to comply with all rules governing attendance, conduct, instruction, and examinations. A person who fails to comply with the foregoing requirements or who otherwise fails to successfully complete the Probationary Driver Program within 120 days of the fee due notice for the PDP shall be subject to a driver license suspension for the period contained in the notice of proposed suspension. A person who successfully completes the Probationary Driver Program shall be officially warned with respect to future driving.

 

39:3-20 Commercial motor vehicle registrations; fees.

39:3-20   Commercial motor vehicle registrations; fees.

 
 For the purpose of this section, gross weight means the weight of the vehicle or combination of vehicles, including load or contents.

a.The chief administrator is authorized to issue registrations for commercial motor vehicles other than omnibuses or motor-drawn vehicles upon application therefor and payment of a fee based on the gross weight of the vehicle, including the gross weight of all vehicles in any combination of vehicles of which the commercial motor vehicle is the drawing vehicle.  The gross weight of a disabled commercial vehicle or combination of disabled commercial vehicles being removed from a highway shall not be included in the calculation of the registration fee for the drawing vehicle.

Except as otherwise provided in this subsection, every registration for a commercial motor vehicle other than an omnibus or motor-drawn vehicle shall expire and the certificate thereof shall become void on the last day of the twelfth calendar month following the month in which the certificate was issued; provided, however, that the chief administrator may require registrations which shall expire, and issue certificates thereof which shall become void, on a date fixed by the chief administrator, which shall not be sooner than three months or later than 26 months after the date of issuance of such certificates, and the fees for such registrations or registration applications, including any other fees or charges collected in connection with the registration fee, shall be fixed by the chief administrator in amounts proportionately less or greater than the fees established by law.  The chief administrator may fix the expiration date for registration certificates at a date other than 12 months if the chief administrator determines that such change is necessary, appropriate or convenient in order to aid in implementing the vehicle inspection requirements of chapter 8 of Title 39 or for other good cause.  The minimum registration fee shall be as follows:

(1)In the case of vehicles other than trucks transporting ready-mixed concrete, asphalt, stone, sand, gravel, clay and cleanfill:

For vehicles not in excess of 5,000 pounds, $53.50.

For vehicles in excess of 5,000 pounds and not in excess of 10,000 pounds, $53.50 plus $11.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

For vehicles in excess of 10,000 pounds and not in excess of 18,000 pounds, $53.50 plus $13.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

For vehicles in excess of 18,000 pounds and not in excess of 50,000 pounds, $53.50 plus $14.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

For vehicles in excess of 50,000 pounds, $53.50 plus $15.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds; and

(2)In the case of trucks transporting ready-mixed concrete, asphalt, stone, sand, gravel, clay and cleanfill:

For vehicles not in excess of 5,000 pounds, $53.50.

For vehicles in excess of 5,000 pounds and not in excess of 18,000 pounds, $53.50 plus $11.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

For vehicles in excess of 18,000 pounds and not in excess of 50,000 pounds, $53.50 plus $12.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

For vehicles in excess of 50,000 pounds, $53.50 plus $13.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

b.The chief administrator is also authorized to issue registrations for commercial motor vehicles having three or more axles and a gross weight over 40,000 pounds but not exceeding 70,000 pounds, upon application therefor and proof to the satisfaction of the chief administrator that the applicant is actually engaged in construction work or in the business of supplying material, transporting material, or using such registered vehicle for construction work.

Except as otherwise provided in this subsection, every registration for these commercial motor vehicles shall expire and the certificate thereof shall become void on the last day of the twelfth calendar month following the month in which the certificate was issued; provided, however, that the chief administrator  may require registrations which shall expire, and issue certificates thereof which shall become void on a date fixed by the chief administrator, which shall not be sooner than three months or later than 26 months after the date of issuance of such certificates, and the fees for such registrations or registration applications, including any other fees or charges collected in connection with the registration fee, shall be fixed by the chief administrator in amounts proportionately less or greater than the fees established by law.  The chief administrator may fix the expiration date for registration certificates at a date other than 12 months if the chief administrator determines that such change is necessary, appropriate or convenient in order to aid in implementing the vehicle inspection requirements of chapter 8 of Title 39 or for other good cause.

The registration fee shall be $22.50 for each 1,000 pounds or portion thereof.

For purposes of calculating this fee, weight means the gross weight, including the gross weight of all vehicles in any combination of which such commercial motor vehicle is the drawing vehicle.

Such commercial motor vehicle shall be operated in compliance with the speed limitations of Title 39 of the Revised Statutes and shall not be operated at a speed greater than 45 miles per hour when one or more of its axles has a load which exceeds the limitations prescribed in R.S.39:3-84.

c.The chief administrator is also authorized to issue registrations for each of the following solid waste vehicles:  two-axle vehicles having a gross weight not exceeding 42,000 pounds; tandem three-axle and four-axle vehicles having a gross weight not exceeding 60,000 pounds; four-axle tractor-trailer combination vehicles having a gross weight not exceeding 60,000 pounds. Registration is based upon application to the chief administrator and proof to his satisfaction that the applicant is actually engaged in the performance of solid waste disposal or collection functions and holds a certificate of convenience and necessity therefor issued by the Department of Environmental Protection.

Except as otherwise provided in this subsection, every registration for a solid waste vehicle shall expire and the certificate thereof shall become void on the last day of the twelfth calendar month following the month in which the certificate was issued.

The registration fee shall be $50 plus $11.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

d.The chief administrator is also authorized to issue registrations for commercial motor-drawn vehicles upon application therefor.  The registration year for commercial motor-drawn vehicles shall be April 1 to the following March 31 and the fee therefor shall be $18 for each such vehicle.

At the discretion of the chief administrator, an applicant for registration for a commercial motor-drawn vehicle may be provided the option of registering such vehicle for a period of four years.  In the event that the applicant for registration exercises the four-year option, a fee of $64 for each such vehicle shall be paid to the chief administrator in advance.

If any commercial motor-drawn vehicle registered for a four-year period is sold or withdrawn from use on the highways, the chief administrator may, upon surrender of the vehicle registration and plate, refund $16 for each full year of unused prepaid registration.

e.It shall be unlawful for any vehicle or combination of vehicles registered under this act, having a gross weight, including load or contents, in excess of the gross weight provided on the registration certificate to be operated on the highways of this State.

The owner, lessee, bailee or any one of the aforesaid of a vehicle or combination of vehicles, including load or contents, found or operated on any public road, street or highway or on any public or quasi-public property in this State with a gross weight of that vehicle or combination of vehicles, including load or contents, in excess of the weight limitation permitted by the certificate of registration for the vehicle or combination of vehicles, pursuant to the provisions of this section, shall be assessed a penalty of $500 plus an amount equal to $100 for each 1,000 pounds or fractional portion of 1,000 pounds of weight in excess of the weight limitation permitted by the certificate of registration for that vehicle or combination of vehicles.  A vehicle or combination of vehicles for which there is no valid certificate of registration is deemed to have been registered for zero pounds for the purposes of the enforcement of this act, in addition to any other violation of this Title, but is not deemed to be lawfully or validly registered pursuant to the provisions of this Title.

This section shall not be construed to supersede or repeal the provisions of section 39:3-84, 39:4-75, or 39:4-76 of this Title.

f.Of the registration fees collected by the chief administrator  pursuant to this section for vehicles with gross vehicle weights in excess of 5,000 pounds, an amount equal to $3 per 1,000 pounds or portion thereof in excess of 5,000 pounds for each registration shall be forwarded to the State Treasurer for deposit in the Commercial Vehicle Enforcement Fund established pursuant to section 17 of P.L.1995, c.157 (C.39:8-75).  Moneys in the fund shall be used by the Department of Law and Public Safety and the Department of Transportation for enforcement of laws and regulations governing commercial motor vehicles.

NJAC 13:19-10.1 Point assessment

NJAC 13:19-10.1 Point assessment
  Any person who is convicted of any of the following offenses, including offenses committed while operating a motorized bicycle, shall be assessed points for each conviction in accordance with the following schedule:
Section NumberOffensePoints
1.N.J.S.A. 27:23-29Moving against traffic--New Jersey2
Turnpike, Garden State Parkway, and
Atlantic City Expressway
2.N.J.S.A. 27:23-29Improper passing--New Jersey4
Turnpike, Garden State Parkway, and
Atlantic City Expressway
3.N.J.S.A. 27:23-29Unlawful use of median strip--New2
Jersey Turnpike, Garden State
Parkway, and Atlantic City Expressway
4.N.J.S.A. 39:3-20Operating constructor vehicle in3
excess of 45 mph
5.N.J.S.A. 39:4-14.3Operating motorized bicycle on a2
restricted highway
6.N.J.S.A. 39:4-14.3dMore than one person on a motorized2
bicycle
7.N.J.S.A. 39:4-35Failure to yield to pedestrian in2
crosswalk
8.N.J.S.A. 39:4-36Failure to yield to pedestrian in2
crosswalk; Passing a vehicle
yielding to pedestrian in crosswalk
9.N.J.S.A. 39:4-41Driving through safety zone2
10.N.J.S.A. 39:4-52 and 39:5C-1Racing on highway5
11.N.J.S.A. 39:4-55Improper action or omission on2
grades and curves
12.N.J.S.A. 39:4-57Failure to observe direction of2
officer
13.N.J.S.A. 39:4-66Failure to stop vehicle before2
crossing sidewalk
14.N.J.S.A. 39:4-66.1Failure to yield to pedestrians or2
vehicles while entering or leaving
highway
15.N.J.S.A. 39:4-66.2Operating a motor vehicle on public2
or private property to avoid a
traffic control signal or sign
16.N.J.S.A. 39:4-71Operating a motor vehicle on a2
sidewalk
17.N.J.S.A. 39:4-80Failure to obey direction of officer2
18.N.J.S.A. 39:4-81Failure to observe traffic signals2
19.N.J.S.A. 39:4-82Failure to keep right2
20.N.J.S.A. 39:4-82.1Improper operating of vehicle on2
divided highway or divider
21.N.J.S.A. 39:4-83Failure to keep right at intersection2
22.N.J.S.A. 39:4-84Failure to pass right of vehicle5
proceeding in opposite direction
23.N.J.S.A. 39:4-85Improper passing on right or off4
roadway
24.N.J.S.A. 39:4-85.1Wrong way on a one-way street2
25.N.J.S.A. 39:4-86Improper passing in no passing zone4
26.N.J.S.A. 39:4-87Failure to yield to overtaking2
vehicle
27.N.J.S.A. 39:4-88Failure to observe traffic lanes2
28.N.J.S.A. 39:4-89Tailgating5
29.N.J.S.A. 39:4-90Failure to yield at intersection2
30.N.J.S.A. 39:4-90.1Failure to use proper entrances to2
limited access highways
31.N.J.S.A. 39:4-91 and 39:4-92Failure to yield to emergency2
vehicles
32.N.J.S.A. 39:4-96Reckless driving5
33.N.J.S.A. 39:4-97Careless driving2
34.N.J.S.A. 39:4-97aDestruction of agricultural or2
recreational property
35.N.J.S.A. 39:4-97.1Slow speed blocking traffic2
36.N.J.S.A. 39:4-97.2Driving in an unsafe manner4
(points only assessed for the third
or subsequent violation when that
violation occurs within five years
of the most recent prior offense)
37.N.J.S.A. 39:4-98 and 39:4-99Exceeding maximum speed 1-14 mph2
over limit
Exceeding maximum speed 15-29 mph4
over limit
Exceeding maximum speed 30 mph or5
more over limit
38.N.J.S.A. 39:4-105Failure to stop for traffic light2
39.N.J.S.A. 39:4-115Improper turn at traffic light3
40.N.J.S.A. 39:4-119Failure to stop at flashing red2
signal
41.N.J.S.A. 39:4-122Failure to stop for police whistle2
42.N.J.S.A. 39:4-123Improper right or left turn3
43.N.J.S.A. 39:4-124Improper turn from approved turning3
course
44.N.J.S.A. 39:4-125Improper "U" turn3
45.N.J.S.A. 39:4-126Failure to give proper signal2
46.N.J.S.A. 39:4-127Improper backing or turning in street2
47.N.J.S.A. 39:4-127.1Improper crossing of railroad grade2
crossing
48.N.J.S.A. 39:4-127.2Improper crossing of bridge2
49.N.J.S.A. 39:4-128Improper crossing of railroad grade2
crossing by certain vehicles
50.N.J.S.A. 39:4-128.1Improper passing of school bus5
51.N.J.S.A. 39:4-128.4Improper passing of a frozen dessert4
truck
52.N.J.S.A. 39:4-129Leaving the scene of an accident
No personal injury2
Personal injury8
53.N.J.S.A. 39:4-144Failure to observe "stop" or "yield"2
signs
54.N.J.S.A. 39:5D-4Moving violation Out-of-State