Motor Vehicle Point and
Surcharge Regulations
CHAPTER 19. COMPLIACE AND SAFETY
SUBCHAPTER 10. POINT SYSTEM AND DRIVING DURING SUSPENSION
SUBCHAPTER 11. SUSPENSION FOR OUT-OF STATE CONVICTIONS; ADMINISTRATIVE DETERMINATIONS AND BAIL FORFEITURES FOR DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; REFUSAL TO SUBMIT TO CHEMICAL TEST
13:19-11.1 Suspension period determined by N.J.S.A. 39:4-50 and 39:4-50.4a. 13:19-11.2 Alcohol education or rehabilitation program.
SUBCHAPTER 12. MOTOR VEHICLE VIOLATIONS SURCHARGE
SUBCHAPTER 13. MOTOR VEHICLE VIOLATIONS SURCHARGE
13:19-13.1 13:19-13.2 13:19-13.3
SYSTEM; SUPPLEMENTAL SURCHARGES
Surcharges for three-year period; convictions; amounts.
Surcharges for three-year period; administrative violations; amounts. (Reserved).
SUBCHAPTER 10. POINT SYSTEM AND DRIVING DURING SUSPENSION
Adopted. R.1971 d.212, effective December 1, 1971, see 9 N.J.R. 288(a), 9 N.J.R. 488(b). Readopted. R.1984 d.128, effective March 28, 1984, see 16 N.J.R. 347(a), 16 N.J.R. 921(a); R.1989 d.493, effective August 18, 1989, see 21 N.J.R. 1817(b), 21 N.J.R. 3019(b).
Pursuant to N.J.S. 52:14B-1.5d, the expiration of Subchapter 10 was waived indefinitely, effective July 25, 2007, see 39 N.J.R. 3779(a).
13:19-10.1 APPENDIX I
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:
N.J.S. Statutory Violation 1. 27:23-29
2. 27:23-29 3. 27:23-29
4. 39:3-20
5. 39:4-14.3 6. 39:4-14.3d 7. 39:4-35
8. 39:4-36
9. 39:4-41 10. 39:4-52 and 39:5C-1 11. 39:4-55 12. 39:4-57 13. 39:4-66 14. 39:4-66.1
15. 39:4-66.2
16. 39:4-71 17. 39:4-80 18. 39:4-81 19. 39:4-82 20. 39:4-82.1
21. 39:4-83 22. 39:4-84
23. 39:4-85 24. 39:4-85.1 25. 39:4-86 26. 39:4-87 27. 39:4-88 28. 39:4-89 29. 39:4-90 30. 39:4-90.1
31. 39:4-91 and 39:4-92
Offense Points Moving against traffic - New Jersey Turnpike, Garden
State Parkway, and Atlantic City Expressway 2 Improper passing - New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway 4 Unlawful use of median strip - New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway 2 Operating constructor vehicle in excess of 45 mph 3 Operating motorized bicycle on a restricted highway 2 More than one person on a motorized bicycle 2 Failure to yield to pedestrian in crosswalk 2 Failure to yield to pedestrian in crosswalk; Passing a vehicle yielding to pedestrian in crosswalk 2 Driving through safety zone 2 Racing on highway 5
Improper action or omission on grades and curves 2 Failure to observe direction of officer 2 Failure to stop vehicle before crossing sidewalk 2 Failure to yield to pedestrians or vehicles while
entering or leaving highway 2 Operating a motor vehicle on public or private
property to avoid a traffic control signal or sign 2 Operating a motor vehicle on a sidewalk 2 Failure to obey direction of officer 2 Failure to observe traffic signals 2 Failure to keep right 2 Improper operating of vehicle on
divided highway or divider 2 Failure to keep right at intersection 2 Failure to pass right of vehicle proceeding in
opposite direction 5 Improper passing on right or off roadway 4 Wrong way on a one-way street 2 Improper passing in no passing zone 4 Failure to yield to overtaking vehicle 2 Failure to observe traffic lanes 2 Tailgating 5 Failure to yield at intersection 2 Failure to use proper entrances to
limited access highways 2 Failure to yield to emergency vehicles 2
32. 39:4-96 33. 39:4-97 34. 39:4-97a 35. 39:4-97.1 36. 36:4-97.2
37. 39:4-98 and 39:4-99
38. 39:4-105 39. 39:4-115 40. 39:4-119 41. 39:4-122 42. 39:4-123 43. 39:4-124 44. 39:4-125 45. 39:4-126 46. 39:4-127 47. 39:4-127.1 48. 39:4-127.2 49. 39:4-128
50. 39:4-128.1 51. 39:4-128.4 52. 39:4-129
Reckless driving 5 Careless driving 2 Destruction of agricultural or recreational property 2 Slow speed blocking traffic 2 Driving in an unsafe manner (points only assessed for
the third or subsequent violation when that violation
occurs within five years of the most recent prior offense 4 Exceeding maximum speed 1-14 mph over limit 2
POINT AND SURCHARGE REGULATIONS 13:19-10.2
Exceeding maximum speed 15-29 mph over Exceeding maximum speed 30 mph or more Failure to stop for traffic light
Improper turn at traffic light
Failure to stop at flashing red signal
Failure to stop for police whistle
Improper right or left turn
Improper turn from approved turning course Improper “U” turn
Failure to give proper signal
Improper backing or turning in street Improper crossing of railroad grade crossing Improper crossing of bridge
Improper crossing of railroad grade crossing by certain vehicles
Improper passing of school bus
Improper passing of a frozen dessert truck Leaving the scene of an accident
No personal injury
Personal injury
Failure to observe “stop” or “yield” signs Moving violation Out-of-State
limit 4 over limit 5 2 3 2 2 3 3 3 2 2 2 2
2 5 4
2 8 2 2
53. 39:4-144
54. 39:5D-4
Amended. R.1983 d.360, effective September 6, 1983, see 15 N.J.R. 1004(a), 15 N.J.R. 1481(b);
R.1985 d.599, effective November 18, 1985, see 17 N.J.R. 2331(a), 17 N.J.R. 2780(a); R.1993 d.486, effective October 4, 1993, see 25 N.J.R. 2646(a), 25 N.J.R. 4599(b); R.1994 d.468, effective September 19, 1994, see 26 N.J.R. 2738(a), 26 N.J.R. 3873(a); R.2001 d.357, effective October 1, 2001, see 33 N.J.R. 1340(b), 33 N.J.R. 3453(b); R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a); R.2010 d.277, effective December 6, 2010, see 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
13:19-10.2 Point accumulations; period of suspension. (a) The Chief Administrator shall, except for good cause, suspend a person’s license to operate a motor vehicle and/or motorized bicycle in accordance with the following schedule:
Points Accumulated 1. 12 to 15 points in 2. 16 to 18 points in 3. 19 to 21 points in 4. 22 to 24 points in 5. 25 to 27 points in 6. 28 or more points
a period of two years or less
a period of two years or less
a period of two years or less
a period of two years or less
a period of two years or less
in a period of two years or less
Period of Suspension 30 days 60 days 90 days 120 days 150 days not less than 180 days
13:19-10.6 APPENDIX I
7. 15 to 18 points in a period greater than two years
8. 19 to 22 points in a period greater than two years
9. 23 to 26 points in a period greater than two years
10. 27 to 30 points in a period greater than two years
11. 31 to 35 points in a period greater than two years
12. 36 or more points in a period greater than two years not less than
180 days 13. 12 to 14 points in a period greater than two years 30 days
(b) For good cause shown, the Chief Administrator may in his or her discretion permit a person to attend a driver improvement program of the Motor Vehicle Commission in total or partial satisfaction of a period of suspension imposed under (a) above. In exercising his or her discretion, the Chief Administrator shall consider the person’s driving record, prior warnings or driver improvement program attendance, maturity and any other aggravating or mitigating factor.
Amended. R.1983 d.360, effective September 6, 1983, see 15 N.J.R. 1004(a), 15 N.J.R. 1481(b); R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a).
13:19-10.3 (Reserved).
Recodified to N.J.A.C. 13:20-17.6 by R.2014 d.008, effective January 6, 2014, see 45 N.J.R. 842(a), 46 N.J.R. 103(c).
13:19-10.4 Advisory Notice. (a) Whenever a person accumulates six or more points, the Commission shall send an official notice advising the motorist of such status.
(b) Whenever a person who is licensed on a probationary basis in accordance with N.J.S.A. 39:3-10b is first convicted of a motor vehicle violation requiring the assessment of points against the individual’s driving record under N.J.A.C. 13:19- 10.1, the Commission shall send an official notice advising the motorist of the status of the driving record.
Amended. R.1983 d.360, effective September 6, 1983, see 15 N.J.R. 1004(a), 15 N.J.R. 1481(b); R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a).
13:19-10.5 Reductions of point accumulation. Points recorded against the licensee shall be reduced in accordance with the provisions of N.J.S.A. 39:5-30.9. Amended. R.1983 d.360, effective September 6, 1983, see 15 N.J.R. 1004(a), 15 N.J.R. 1481(b).
13:19-10.6 Restoration; official warning; completion of Driver Improvement or Probationary Driver Program. (a) Persons whose licenses are restored after a suspension imposed under N.J.A.C. 13:19-10.2 or after a suspension imposed under this section, persons who are officially warned after an administrative hearing, and persons who successfully complete a Commission Driver Improvement Program or Probationary Driver Program may retain their licenses upon the express condition and understanding that any subsequent violation of the Motor Vehicle and Traffic Law of the State of New Jersey committed within one year of the restoration, official warning, or warning following successful completion of a Driver Improvement or Probationary Driver Program shall, except for good cause, result in suspension of driving privileges for the following periods:
1. When the subsequent violation occurs within six months of the date of the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program—90 days;
30 days 60 days 90 days
120 days 150 days
POINT AND SURCHARGE REGULATIONS 13:19-10.7
2. When the subsequent violation occurs more than six months but less than nine months after the restoration, official warning following completion of a Driver Improvement or Probationary Driver Program—60 days;
3. When the subsequent violation occurs more than nine months but less than one year after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program—45 days.
(b) A second violation of the Motor Vehicle Laws committed within one year of the restoration, official warning or warning following successful completion of a Driver Improvement or Probationary Driver Program shall, except for good cause, result in suspension of driving privileges for the following periods:
1. When the second violation occurs within six months of the date of the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program—180 days.
2. When the second violation occurs more than six months but less than nine months after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program—120 days.
3. When the second violation occurs more than nine months but less than one year after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program—90 days.
(c) Persons licensed on a probationary basis in accordance with N.J.S.A. 39:3- 10b who have been subject to a license suspension action under (a) or (b) above may be required to successfully complete additional programs of driver rehabilitation within the discretion of the Chief Administrator.
Amended. R.1983 d.360, effective September 6, 1983, see 15 N.J.R. 1004(a), 15 N.J.R. 1481(b); R.1994 d.468, effective September 19, 1994, see 26 N.J.R. 2738(a), 26 N.J.R. 3873(a); R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a).
13:19-10.7 Court ruling. The provisions of this subchapter shall not be affected by any revocation or suspension judicially imposed, except that no lesser period of revocation or suspension shall be imposed than that directed by the court.
13:19-10.8 Driving during period of suspension. (a) Whenever the driving privileges of an individual have been suspended or revoked for any reason, either judicially or administratively:
1. The operation of a motor vehicle by the individual during the period of suspension or revocation shall be cause for extending the period of revocation or suspension for an additional six months, or for some other period determined by the Chief Administrator.
2. Should information be received by the Commission after restoration of an individual’s driving privileges that the individual operated a motor vehicle during the period of revocation or suspension, the Chief Administrator may revoke or suspend the individual’s driving privileges for a period of six months, or for some other period which the Chief Administrator determines.
3. In addition to the revocation or suspension of an individual’s driving privileges as provided for in (a)1 and 2 above, the Chief Administrator may determine to suspend the motor vehicle registration privileges of an owner- operator who operates a motor vehicle during a period of revocation or suspension of driving registration privileges. Such period of suspension of registration
13:19-11.2 APPENDIX I
privileges shall coincide with the period of suspension of the individual’s driving privileges, or for some other period to be determined by the Chief Administrator. Amended. R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a).
13:19-10.9 (Reserved)
Amended. R.1973 d.63, effective March 8, 1973, see 5 N.J.R. 52(b), 5 N.J.R. 119(b).
SUBCHAPTER 11. SUSPENSION FOR OUT-OF STATE CONVICTIONS; ADMINISTRATIVE DETERMINATIONS AND BAIL FORFEITURES FOR DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; REFUSAL TO SUBMIT TO CHEMICAL TEST
Adopted. R.1983 d.352, effective September 6, 1983, see 15 N.J.R. 1009(a), 15 N.J.R. 1481(c). Readopted. R.1989 d.493, effective September 18, 1989, see 21 N.J.R. 1817(b), 21 N.J.R. 3019(b); R.1994 d.468, effective August 17, 1994, see 26 N.J.R. 2738(a), 26 N.J.R. 3873(a); R.1999 d.312, effective August 17, 1999, see 31 N.J.R. 1440(a), 31 N.J.R. 2756(a); R.2005 d.47, effective January 5, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a); R.2010 d.277, effective November 1, 2010.
13:19-11.1 Suspension period determined by N.J.S.A. 39:4-50 and 39:4- 50.4a. (a) Out-of-state convictions, administrative determinations or bail forfeitures for operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug or for refusal to submit to chemical test after arrest for operating while under the influence shall be given the same effect as if such conviction, administrative determination or bail forfeiture had occurred in this State.
(b) The driving privileges of a New Jersey licensee who incurs an out-of-State conviction or administrative determination for operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit- producing drug or for refusal to submit to chemical test after arrest for operating while under the influence shall be suspended for the minimum term specified in N.J.S.A. 39:4-50 or 39:4-50.4a. If the out-of-State conviction or administrative determination constitutes said driver’s second, third or subsequent violation for operating while under the influence, a suspension shall be imposed under N.J.S.A. 39:4-50 corresponding to the number of the violation. If the out-of-State conviction or administrative determination for refusal to submit to a chemical test was a subsequent refusal or was in connection with said driver’s subsequent offenses for operating while under the influence, a suspension shall be imposed for the term specified for subsequent offenses in N.J.S.A. 39:4-50.4a.
(c) The driving privileges of a New Jersey licensee who incurs an out-of-State bail forfeiture in connection with a charge of operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit- producing drug or for refusal to submit to chemical test after arrest for operating while under the influence shall be suspended until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the Motor Vehicle Commission pursuant to N.J.S.A. 39:5F-1 et seq.
Amended. R.1999 d.312, effective September 20, 1999, see 31 N.J.R. 1440(a), 31 N.J.R. 2756(a); R.2005 d.47, effective February 7, 2005. See: 36 N.J.R. 4005(a), 37 N.J.R. 505(a).
13:19-11.2 Alcohol education or rehabilitation program. A New Jersey resident who incurs an out-of-State conviction or administrative determination for operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug or for refusal to submit to a chemical test after arrest for operating while under the influence shall be required
POINT AND SURCHARGE REGULATIONS 13:19-12.1
to satisfactorily complete a program of alcohol education or rehabilitation approved by the Chief Administrator.
Amended. R.1999 d.312, effective September 20, 1999, see 31 N.J.R. 1440(a), 31 N.J.R. 2756(a).
SUBCHAPTER 12. MOTOR VEHICLE VIOLATIONS SURCHARGE SYSTEM
Adopted. R.1984 d.18, effective February 6, 1984, see 15 N.J.R. 2027(a), 16 N.J.R. 247(a). Readopted. R.1989 d.493, effective August 18, 1989, see 21 N.J.R. 1817(b), 21 N.J.R. 3019(b).
Pursuant to N.J.S. 52:14B-1.5d, the expiration of Subchapter 12 was waived indefinitely, effective July 25, 2007, see 39 N.J.R. 3779(a).
Renamed from Motor Vehicle Insurance Surcharge, R.2010 d.277, effective December 6, 2010, see 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
13:19-12.1 Failure to pay surcharge; Motor Vehicle Violations Surcharge System Bill. (a) The Chief Administrator shall suspend the driving privileges of any person who fails to pay a surcharge levied under N.J.S.A. 17:29A-35b until said surcharge is paid to the Motor Vehicle Commission.
(b) Surcharge notification shall be in the form of a “Motor Vehicle Violation Surcharge System Bill.” A person shall have 30 days from the date of surcharge notification to pay the surcharge before his or her driving privileges are suspended by the Chief Administrator of the Motor Vehicle Commission.
Amended. R.1995 d.348, effective July 3, 1995, see 27 N.J.R. 1524(a), 27 N.J.R. 2591(a); R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a); R.2010 d.277, effective December 6, 2010, see 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
13:19-12.2 Requests for hearings. (a) A licensee, or his or her attorney, may request a surcharge hearing in writing in accordance with the provisions of N.J.A.C. 13:19-1.
(b) All requests for a surcharge hearing shall be sent to the following address: State of New Jersey
Motor Vehicle Violations Surcharge System
PO Box 136
Trenton, New Jersey 08666-0136
Amended. R.1991 d.220, effective April 15, 1991, see 22 N.J.R. 3446(a), 23 N.J.R. 1195(a); R.2010 d.277, effective December 6, 2010, see 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
13:19-12.3 (Reserved)
Repealed. R.1991 d.220, effective April 15, 1991, see 22 N.J.R. 3446(a), 23 N.J.R. 1195(a).
13:19-12.4 (Reserved)
Repealed. R.1991 d.220, effective April 15, 1991, see 22 N.J.R. 3446(a), 23 N.J.R. 1195(a).
13:19-12.5 (Reserved)
Repealed. R.1991 d.220, effective April 15, 1991, see 22 N.J.R. 3446(a), 23 N.J.R. 1195(a).
13:19-12.6 (Reserved)
Repealed. R.1991 d.220, effective April 15, 1991, see 22 N.J.R. 3446(a), 23 N.J.R. 1195(a).
13:19-12.7 (Reserved)
Repealed. R.1991 d.220, effective April 15, 1991, see 22 N.J.R. 3446(a), 23 N.J.R. 1195(a).
13:19-12.8 Abandonment of hearing. If the licensee does not request a hearing in accordance with the provisions of N.J.A.C. 13:19-1 regarding the initial surcharge bill, or thereafter abandons the hearing request, the licensee shall not be
13:19-12.12 APPENDIX I
granted a hearing on future billings for the convictions contained within the initial surcharge bill.
Amended. R.1991 d.220, effective April 15, 1991, see 22 N.J.R. 3446(a), 23 N.J.R. 1195(a).
13:19-12.9 Conference resolutions or final decisions. Any resolution at a prehearing conference conducted in accordance with N.J.A.C. 13:19-1 regarding a surcharge bill or any final administrative decision shall be conclusive as to the issues contained in that resolution or decision, and shall preclude any hearing on those issues on future billings.
Amended. R.1991 d.220, effective April 15, 1991, see 22 N.J.R. 3446(a), 23 N.J.R. 1195(a). 13:19-12.10 (Reserved)
Repealed. R.1995 d.348, effective July 3, 1995, see 27 N.J.R. 1524(a), 27 N.J.R. 2591(a).
13:19-12.11 Driving while intoxicated surcharges; installments. Licensees who are surcharged for driving while intoxicated convictions may pay the surcharge in up to 36 monthly installments pursuant to a schedule established by the Chief Administrator of the Motor Vehicle Commission. Failure to adhere to the payment schedule will result in the immediate suspension of the licensee’s driving privileges.
Amended. R.1995 d.348, effective July 3, 1995, see 27 N.J.R. 1524(a), 27 N.J.R. 2591(a); R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a); R.2010 d.277, effective December 6, 2010, see 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
13:19-12.12 Certificate of debt; installment payments; failure to pay installment; suspension of driving privilege. (a) The Chief Administrator may, in his or her discretion, issue a certificate of debt to the Clerk of the Superior Court in accordance with N.J.S.A. 17:29A-35b(2) identifying a person as indebted to the State of New Jersey under the New Jersey Merit Rating Plan.
(b) A driver, whose driving privilege has been denied, suspended or revoked by the Commission in accordance with N.J.S.A. 17:29A-35 and N.J.A.C. 13:19- 12.1 because of his or her failure to pay an insurance surcharge, may make application to the Chief Administrator for the restoration of his or her driving privilege upon acknowledgement of his or her agreement to satisfy the certificat of debt on an installment basis at such times and in such amounts as may be fixed by the Chief Administrator, or his or her designee. The Chief Administrator may, in his or her discretion, restore the driving privilege of a driver when the Chief Administrator is satisfied that an amount fixed by the Chief Administrator, or his or her designee, has been paid in full or partial satisfaction of the principal amount of the certificate of debt, accrued interest and statutory collection costs.
(c) The Chief Administrator may, in his or her discretion, deny, suspend or revoke a person’s driving privilege when the person has failed to comply with the terms fixed by the Chief Administrator, or his or her designee, or a court of law, for satisfying a certificate of debt on an installment basis. A driving privilege which has been denied, suspended or revoked pursuant to this subsection shall not be restored until the principal amount of the certificate of debt, accrued interest and statutory collection costs are satisfied in full by the driver.
New Rule. R. 1995 d.348, effective July 3, 1995, see 27 N.J.R. 1524(a), 27 N.J.R. 2591(a). Amended. R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a).
POINT AND SURCHARGE REGULATIONS 13:19-13.1
SUBCHAPTER 13. MOTOR VEHICLE VIOLATIONS SURCHARGE SYSTEM; SUPPLEMENTAL SURCHARGES
Adopted. R.1984 d.61, effective March 19, 1984, see 16 N.J.R. 124(a), 16 N.J.R. 551(a). Readopted. 1989 d.493, effective August 18, 1989, see 21 N.J.R. 1817(b), 21 N.J.R. 3019(b).
Pursuant to N.J.S. 52:14B-1.5d, the expiration of Subchapter 13 was waived indefinitely, effective July 25, 2007, see 39 N.J.R. 3779(a).
Renamed from Motor Vehicle Insurance Surcharge, Supplemental Surcharges, R.2010 d.277, effective December 6, 2010, see 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
13:19-13.1 Surcharges for three-year period; convictions; amounts. (a) System surcharges shall be levied by the Motor Vehicle Commission for convictions of violations set forth in (b) below, which violations occurred on or after March 19, 1984, the effective date of the original regulation. The surcharges shall be annually assessed for a three-year period.
(b) The following violations shall be subject to surcharges as indicated in (a) above for the amount set forth below:
N.J.S. Statutory Violation
1. 39:3-10
2. 39:3-40
3. 39:4-14.3e
4. 39:6B-2
Offense
Unlicensed driver
Driving while suspended Failing to have insurance on motorized bicycle
Failing to maintain liability insurance on motor vehicle
Surcharge $100.00 $250.00
$100.00
$250.00
Amended. R.1985 d.482, effective September 16, 1985, see 17 N.J.R. 893(a), 17 N.J.R. 2281(a);
R.1994 d.468, effective September 19, 1994, see 26 N.J.R. 2738(a), 26 N.J.R. 3873(a); R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a); R.2010 d.277, effective December 6, 2010, see 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
13:19-13.2 Surcharges for three-year period; administrative violations; amounts. (a) System surcharges shall be levied by the Motor Vehicle Commission for violations resulting in license suspensions imposed administratively which are set forth in (b) below and which violations or suspensions have occurred on or after March 19, 1984, the effective date of the original regulation. The surcharge shall be assessed each year for a three-year period and shall be in addition to the license restoration fee charged pursuant to N.J.S.A. 39:3-10a.
(b) The following violations resulting in administrative license suspensions shall be subject to surcharge as indicated in (a) for the amount set forth below:
1. Operating while suspended ..............................................................$250.00
2. Failure to maintain liability insurance on motor vehicle..................$250.00
Amended. R.1985 d.482, effective September 16, 1985, see 17 N.J.R. 893(a), 17 N.J.R. 2281(a); R.1989 d.493, effective September 18, 1989, see 21 N.J.R. 1817(b), 21 N.J.R. 3019(b); R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a); R.2010 d.277, effective December 6, 2010, see 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
13:19-13.3 (Reserved)
Adopted. R.1985 d.482, effective September 16, 1985, see 17 N.J.R. 893(a), 17 N.J.R. 2281(a). Repealed. R.1994 d.468, effective September 19, 1994, see 26 N.J.R. 2738(a), 26 N.J.R. 3873(a).
CHAPTER 19. COMPLIACE AND SAFETY
SUBCHAPTER 10. POINT SYSTEM AND DRIVING DURING SUSPENSION
SUBCHAPTER 11. SUSPENSION FOR OUT-OF STATE CONVICTIONS; ADMINISTRATIVE DETERMINATIONS AND BAIL FORFEITURES FOR DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; REFUSAL TO SUBMIT TO CHEMICAL TEST
13:19-11.1 Suspension period determined by N.J.S.A. 39:4-50 and 39:4-50.4a. 13:19-11.2 Alcohol education or rehabilitation program.
SUBCHAPTER 12. MOTOR VEHICLE VIOLATIONS SURCHARGE
SUBCHAPTER 13. MOTOR VEHICLE VIOLATIONS SURCHARGE
13:19-13.1 13:19-13.2 13:19-13.3
SYSTEM; SUPPLEMENTAL SURCHARGES
Surcharges for three-year period; convictions; amounts.
Surcharges for three-year period; administrative violations; amounts. (Reserved).
SUBCHAPTER 10. POINT SYSTEM AND DRIVING DURING SUSPENSION
Adopted. R.1971 d.212, effective December 1, 1971, see 9 N.J.R. 288(a), 9 N.J.R. 488(b). Readopted. R.1984 d.128, effective March 28, 1984, see 16 N.J.R. 347(a), 16 N.J.R. 921(a); R.1989 d.493, effective August 18, 1989, see 21 N.J.R. 1817(b), 21 N.J.R. 3019(b).
Pursuant to N.J.S. 52:14B-1.5d, the expiration of Subchapter 10 was waived indefinitely, effective July 25, 2007, see 39 N.J.R. 3779(a).
13:19-10.1 APPENDIX I
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:
N.J.S. Statutory Violation 1. 27:23-29
2. 27:23-29 3. 27:23-29
4. 39:3-20
5. 39:4-14.3 6. 39:4-14.3d 7. 39:4-35
8. 39:4-36
9. 39:4-41 10. 39:4-52 and 39:5C-1 11. 39:4-55 12. 39:4-57 13. 39:4-66 14. 39:4-66.1
15. 39:4-66.2
16. 39:4-71 17. 39:4-80 18. 39:4-81 19. 39:4-82 20. 39:4-82.1
21. 39:4-83 22. 39:4-84
23. 39:4-85 24. 39:4-85.1 25. 39:4-86 26. 39:4-87 27. 39:4-88 28. 39:4-89 29. 39:4-90 30. 39:4-90.1
31. 39:4-91 and 39:4-92
Offense Points Moving against traffic - New Jersey Turnpike, Garden
State Parkway, and Atlantic City Expressway 2 Improper passing - New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway 4 Unlawful use of median strip - New Jersey Turnpike, Garden State Parkway, and Atlantic City Expressway 2 Operating constructor vehicle in excess of 45 mph 3 Operating motorized bicycle on a restricted highway 2 More than one person on a motorized bicycle 2 Failure to yield to pedestrian in crosswalk 2 Failure to yield to pedestrian in crosswalk; Passing a vehicle yielding to pedestrian in crosswalk 2 Driving through safety zone 2 Racing on highway 5
Improper action or omission on grades and curves 2 Failure to observe direction of officer 2 Failure to stop vehicle before crossing sidewalk 2 Failure to yield to pedestrians or vehicles while
entering or leaving highway 2 Operating a motor vehicle on public or private
property to avoid a traffic control signal or sign 2 Operating a motor vehicle on a sidewalk 2 Failure to obey direction of officer 2 Failure to observe traffic signals 2 Failure to keep right 2 Improper operating of vehicle on
divided highway or divider 2 Failure to keep right at intersection 2 Failure to pass right of vehicle proceeding in
opposite direction 5 Improper passing on right or off roadway 4 Wrong way on a one-way street 2 Improper passing in no passing zone 4 Failure to yield to overtaking vehicle 2 Failure to observe traffic lanes 2 Tailgating 5 Failure to yield at intersection 2 Failure to use proper entrances to
limited access highways 2 Failure to yield to emergency vehicles 2
32. 39:4-96 33. 39:4-97 34. 39:4-97a 35. 39:4-97.1 36. 36:4-97.2
37. 39:4-98 and 39:4-99
38. 39:4-105 39. 39:4-115 40. 39:4-119 41. 39:4-122 42. 39:4-123 43. 39:4-124 44. 39:4-125 45. 39:4-126 46. 39:4-127 47. 39:4-127.1 48. 39:4-127.2 49. 39:4-128
50. 39:4-128.1 51. 39:4-128.4 52. 39:4-129
Reckless driving 5 Careless driving 2 Destruction of agricultural or recreational property 2 Slow speed blocking traffic 2 Driving in an unsafe manner (points only assessed for
the third or subsequent violation when that violation
occurs within five years of the most recent prior offense 4 Exceeding maximum speed 1-14 mph over limit 2
POINT AND SURCHARGE REGULATIONS 13:19-10.2
Exceeding maximum speed 15-29 mph over Exceeding maximum speed 30 mph or more Failure to stop for traffic light
Improper turn at traffic light
Failure to stop at flashing red signal
Failure to stop for police whistle
Improper right or left turn
Improper turn from approved turning course Improper “U” turn
Failure to give proper signal
Improper backing or turning in street Improper crossing of railroad grade crossing Improper crossing of bridge
Improper crossing of railroad grade crossing by certain vehicles
Improper passing of school bus
Improper passing of a frozen dessert truck Leaving the scene of an accident
No personal injury
Personal injury
Failure to observe “stop” or “yield” signs Moving violation Out-of-State
limit 4 over limit 5 2 3 2 2 3 3 3 2 2 2 2
2 5 4
2 8 2 2
53. 39:4-144
54. 39:5D-4
Amended. R.1983 d.360, effective September 6, 1983, see 15 N.J.R. 1004(a), 15 N.J.R. 1481(b);
R.1985 d.599, effective November 18, 1985, see 17 N.J.R. 2331(a), 17 N.J.R. 2780(a); R.1993 d.486, effective October 4, 1993, see 25 N.J.R. 2646(a), 25 N.J.R. 4599(b); R.1994 d.468, effective September 19, 1994, see 26 N.J.R. 2738(a), 26 N.J.R. 3873(a); R.2001 d.357, effective October 1, 2001, see 33 N.J.R. 1340(b), 33 N.J.R. 3453(b); R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a); R.2010 d.277, effective December 6, 2010, see 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
13:19-10.2 Point accumulations; period of suspension. (a) The Chief Administrator shall, except for good cause, suspend a person’s license to operate a motor vehicle and/or motorized bicycle in accordance with the following schedule:
Points Accumulated 1. 12 to 15 points in 2. 16 to 18 points in 3. 19 to 21 points in 4. 22 to 24 points in 5. 25 to 27 points in 6. 28 or more points
a period of two years or less
a period of two years or less
a period of two years or less
a period of two years or less
a period of two years or less
in a period of two years or less
Period of Suspension 30 days 60 days 90 days 120 days 150 days not less than 180 days
13:19-10.6 APPENDIX I
7. 15 to 18 points in a period greater than two years
8. 19 to 22 points in a period greater than two years
9. 23 to 26 points in a period greater than two years
10. 27 to 30 points in a period greater than two years
11. 31 to 35 points in a period greater than two years
12. 36 or more points in a period greater than two years not less than
180 days 13. 12 to 14 points in a period greater than two years 30 days
(b) For good cause shown, the Chief Administrator may in his or her discretion permit a person to attend a driver improvement program of the Motor Vehicle Commission in total or partial satisfaction of a period of suspension imposed under (a) above. In exercising his or her discretion, the Chief Administrator shall consider the person’s driving record, prior warnings or driver improvement program attendance, maturity and any other aggravating or mitigating factor.
Amended. R.1983 d.360, effective September 6, 1983, see 15 N.J.R. 1004(a), 15 N.J.R. 1481(b); R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a).
13:19-10.3 (Reserved).
Recodified to N.J.A.C. 13:20-17.6 by R.2014 d.008, effective January 6, 2014, see 45 N.J.R. 842(a), 46 N.J.R. 103(c).
13:19-10.4 Advisory Notice. (a) Whenever a person accumulates six or more points, the Commission shall send an official notice advising the motorist of such status.
(b) Whenever a person who is licensed on a probationary basis in accordance with N.J.S.A. 39:3-10b is first convicted of a motor vehicle violation requiring the assessment of points against the individual’s driving record under N.J.A.C. 13:19- 10.1, the Commission shall send an official notice advising the motorist of the status of the driving record.
Amended. R.1983 d.360, effective September 6, 1983, see 15 N.J.R. 1004(a), 15 N.J.R. 1481(b); R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a).
13:19-10.5 Reductions of point accumulation. Points recorded against the licensee shall be reduced in accordance with the provisions of N.J.S.A. 39:5-30.9. Amended. R.1983 d.360, effective September 6, 1983, see 15 N.J.R. 1004(a), 15 N.J.R. 1481(b).
13:19-10.6 Restoration; official warning; completion of Driver Improvement or Probationary Driver Program. (a) Persons whose licenses are restored after a suspension imposed under N.J.A.C. 13:19-10.2 or after a suspension imposed under this section, persons who are officially warned after an administrative hearing, and persons who successfully complete a Commission Driver Improvement Program or Probationary Driver Program may retain their licenses upon the express condition and understanding that any subsequent violation of the Motor Vehicle and Traffic Law of the State of New Jersey committed within one year of the restoration, official warning, or warning following successful completion of a Driver Improvement or Probationary Driver Program shall, except for good cause, result in suspension of driving privileges for the following periods:
1. When the subsequent violation occurs within six months of the date of the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program—90 days;
30 days 60 days 90 days
120 days 150 days
POINT AND SURCHARGE REGULATIONS 13:19-10.7
2. When the subsequent violation occurs more than six months but less than nine months after the restoration, official warning following completion of a Driver Improvement or Probationary Driver Program—60 days;
3. When the subsequent violation occurs more than nine months but less than one year after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program—45 days.
(b) A second violation of the Motor Vehicle Laws committed within one year of the restoration, official warning or warning following successful completion of a Driver Improvement or Probationary Driver Program shall, except for good cause, result in suspension of driving privileges for the following periods:
1. When the second violation occurs within six months of the date of the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program—180 days.
2. When the second violation occurs more than six months but less than nine months after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program—120 days.
3. When the second violation occurs more than nine months but less than one year after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program—90 days.
(c) Persons licensed on a probationary basis in accordance with N.J.S.A. 39:3- 10b who have been subject to a license suspension action under (a) or (b) above may be required to successfully complete additional programs of driver rehabilitation within the discretion of the Chief Administrator.
Amended. R.1983 d.360, effective September 6, 1983, see 15 N.J.R. 1004(a), 15 N.J.R. 1481(b); R.1994 d.468, effective September 19, 1994, see 26 N.J.R. 2738(a), 26 N.J.R. 3873(a); R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a).
13:19-10.7 Court ruling. The provisions of this subchapter shall not be affected by any revocation or suspension judicially imposed, except that no lesser period of revocation or suspension shall be imposed than that directed by the court.
13:19-10.8 Driving during period of suspension. (a) Whenever the driving privileges of an individual have been suspended or revoked for any reason, either judicially or administratively:
1. The operation of a motor vehicle by the individual during the period of suspension or revocation shall be cause for extending the period of revocation or suspension for an additional six months, or for some other period determined by the Chief Administrator.
2. Should information be received by the Commission after restoration of an individual’s driving privileges that the individual operated a motor vehicle during the period of revocation or suspension, the Chief Administrator may revoke or suspend the individual’s driving privileges for a period of six months, or for some other period which the Chief Administrator determines.
3. In addition to the revocation or suspension of an individual’s driving privileges as provided for in (a)1 and 2 above, the Chief Administrator may determine to suspend the motor vehicle registration privileges of an owner- operator who operates a motor vehicle during a period of revocation or suspension of driving registration privileges. Such period of suspension of registration
13:19-11.2 APPENDIX I
privileges shall coincide with the period of suspension of the individual’s driving privileges, or for some other period to be determined by the Chief Administrator. Amended. R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a).
13:19-10.9 (Reserved)
Amended. R.1973 d.63, effective March 8, 1973, see 5 N.J.R. 52(b), 5 N.J.R. 119(b).
SUBCHAPTER 11. SUSPENSION FOR OUT-OF STATE CONVICTIONS; ADMINISTRATIVE DETERMINATIONS AND BAIL FORFEITURES FOR DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; REFUSAL TO SUBMIT TO CHEMICAL TEST
Adopted. R.1983 d.352, effective September 6, 1983, see 15 N.J.R. 1009(a), 15 N.J.R. 1481(c). Readopted. R.1989 d.493, effective September 18, 1989, see 21 N.J.R. 1817(b), 21 N.J.R. 3019(b); R.1994 d.468, effective August 17, 1994, see 26 N.J.R. 2738(a), 26 N.J.R. 3873(a); R.1999 d.312, effective August 17, 1999, see 31 N.J.R. 1440(a), 31 N.J.R. 2756(a); R.2005 d.47, effective January 5, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a); R.2010 d.277, effective November 1, 2010.
13:19-11.1 Suspension period determined by N.J.S.A. 39:4-50 and 39:4- 50.4a. (a) Out-of-state convictions, administrative determinations or bail forfeitures for operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug or for refusal to submit to chemical test after arrest for operating while under the influence shall be given the same effect as if such conviction, administrative determination or bail forfeiture had occurred in this State.
(b) The driving privileges of a New Jersey licensee who incurs an out-of-State conviction or administrative determination for operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit- producing drug or for refusal to submit to chemical test after arrest for operating while under the influence shall be suspended for the minimum term specified in N.J.S.A. 39:4-50 or 39:4-50.4a. If the out-of-State conviction or administrative determination constitutes said driver’s second, third or subsequent violation for operating while under the influence, a suspension shall be imposed under N.J.S.A. 39:4-50 corresponding to the number of the violation. If the out-of-State conviction or administrative determination for refusal to submit to a chemical test was a subsequent refusal or was in connection with said driver’s subsequent offenses for operating while under the influence, a suspension shall be imposed for the term specified for subsequent offenses in N.J.S.A. 39:4-50.4a.
(c) The driving privileges of a New Jersey licensee who incurs an out-of-State bail forfeiture in connection with a charge of operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit- producing drug or for refusal to submit to chemical test after arrest for operating while under the influence shall be suspended until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the Motor Vehicle Commission pursuant to N.J.S.A. 39:5F-1 et seq.
Amended. R.1999 d.312, effective September 20, 1999, see 31 N.J.R. 1440(a), 31 N.J.R. 2756(a); R.2005 d.47, effective February 7, 2005. See: 36 N.J.R. 4005(a), 37 N.J.R. 505(a).
13:19-11.2 Alcohol education or rehabilitation program. A New Jersey resident who incurs an out-of-State conviction or administrative determination for operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug or for refusal to submit to a chemical test after arrest for operating while under the influence shall be required
POINT AND SURCHARGE REGULATIONS 13:19-12.1
to satisfactorily complete a program of alcohol education or rehabilitation approved by the Chief Administrator.
Amended. R.1999 d.312, effective September 20, 1999, see 31 N.J.R. 1440(a), 31 N.J.R. 2756(a).
SUBCHAPTER 12. MOTOR VEHICLE VIOLATIONS SURCHARGE SYSTEM
Adopted. R.1984 d.18, effective February 6, 1984, see 15 N.J.R. 2027(a), 16 N.J.R. 247(a). Readopted. R.1989 d.493, effective August 18, 1989, see 21 N.J.R. 1817(b), 21 N.J.R. 3019(b).
Pursuant to N.J.S. 52:14B-1.5d, the expiration of Subchapter 12 was waived indefinitely, effective July 25, 2007, see 39 N.J.R. 3779(a).
Renamed from Motor Vehicle Insurance Surcharge, R.2010 d.277, effective December 6, 2010, see 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
13:19-12.1 Failure to pay surcharge; Motor Vehicle Violations Surcharge System Bill. (a) The Chief Administrator shall suspend the driving privileges of any person who fails to pay a surcharge levied under N.J.S.A. 17:29A-35b until said surcharge is paid to the Motor Vehicle Commission.
(b) Surcharge notification shall be in the form of a “Motor Vehicle Violation Surcharge System Bill.” A person shall have 30 days from the date of surcharge notification to pay the surcharge before his or her driving privileges are suspended by the Chief Administrator of the Motor Vehicle Commission.
Amended. R.1995 d.348, effective July 3, 1995, see 27 N.J.R. 1524(a), 27 N.J.R. 2591(a); R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a); R.2010 d.277, effective December 6, 2010, see 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
13:19-12.2 Requests for hearings. (a) A licensee, or his or her attorney, may request a surcharge hearing in writing in accordance with the provisions of N.J.A.C. 13:19-1.
(b) All requests for a surcharge hearing shall be sent to the following address: State of New Jersey
Motor Vehicle Violations Surcharge System
PO Box 136
Trenton, New Jersey 08666-0136
Amended. R.1991 d.220, effective April 15, 1991, see 22 N.J.R. 3446(a), 23 N.J.R. 1195(a); R.2010 d.277, effective December 6, 2010, see 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
13:19-12.3 (Reserved)
Repealed. R.1991 d.220, effective April 15, 1991, see 22 N.J.R. 3446(a), 23 N.J.R. 1195(a).
13:19-12.4 (Reserved)
Repealed. R.1991 d.220, effective April 15, 1991, see 22 N.J.R. 3446(a), 23 N.J.R. 1195(a).
13:19-12.5 (Reserved)
Repealed. R.1991 d.220, effective April 15, 1991, see 22 N.J.R. 3446(a), 23 N.J.R. 1195(a).
13:19-12.6 (Reserved)
Repealed. R.1991 d.220, effective April 15, 1991, see 22 N.J.R. 3446(a), 23 N.J.R. 1195(a).
13:19-12.7 (Reserved)
Repealed. R.1991 d.220, effective April 15, 1991, see 22 N.J.R. 3446(a), 23 N.J.R. 1195(a).
13:19-12.8 Abandonment of hearing. If the licensee does not request a hearing in accordance with the provisions of N.J.A.C. 13:19-1 regarding the initial surcharge bill, or thereafter abandons the hearing request, the licensee shall not be
13:19-12.12 APPENDIX I
granted a hearing on future billings for the convictions contained within the initial surcharge bill.
Amended. R.1991 d.220, effective April 15, 1991, see 22 N.J.R. 3446(a), 23 N.J.R. 1195(a).
13:19-12.9 Conference resolutions or final decisions. Any resolution at a prehearing conference conducted in accordance with N.J.A.C. 13:19-1 regarding a surcharge bill or any final administrative decision shall be conclusive as to the issues contained in that resolution or decision, and shall preclude any hearing on those issues on future billings.
Amended. R.1991 d.220, effective April 15, 1991, see 22 N.J.R. 3446(a), 23 N.J.R. 1195(a). 13:19-12.10 (Reserved)
Repealed. R.1995 d.348, effective July 3, 1995, see 27 N.J.R. 1524(a), 27 N.J.R. 2591(a).
13:19-12.11 Driving while intoxicated surcharges; installments. Licensees who are surcharged for driving while intoxicated convictions may pay the surcharge in up to 36 monthly installments pursuant to a schedule established by the Chief Administrator of the Motor Vehicle Commission. Failure to adhere to the payment schedule will result in the immediate suspension of the licensee’s driving privileges.
Amended. R.1995 d.348, effective July 3, 1995, see 27 N.J.R. 1524(a), 27 N.J.R. 2591(a); R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a); R.2010 d.277, effective December 6, 2010, see 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
13:19-12.12 Certificate of debt; installment payments; failure to pay installment; suspension of driving privilege. (a) The Chief Administrator may, in his or her discretion, issue a certificate of debt to the Clerk of the Superior Court in accordance with N.J.S.A. 17:29A-35b(2) identifying a person as indebted to the State of New Jersey under the New Jersey Merit Rating Plan.
(b) A driver, whose driving privilege has been denied, suspended or revoked by the Commission in accordance with N.J.S.A. 17:29A-35 and N.J.A.C. 13:19- 12.1 because of his or her failure to pay an insurance surcharge, may make application to the Chief Administrator for the restoration of his or her driving privilege upon acknowledgement of his or her agreement to satisfy the certificat of debt on an installment basis at such times and in such amounts as may be fixed by the Chief Administrator, or his or her designee. The Chief Administrator may, in his or her discretion, restore the driving privilege of a driver when the Chief Administrator is satisfied that an amount fixed by the Chief Administrator, or his or her designee, has been paid in full or partial satisfaction of the principal amount of the certificate of debt, accrued interest and statutory collection costs.
(c) The Chief Administrator may, in his or her discretion, deny, suspend or revoke a person’s driving privilege when the person has failed to comply with the terms fixed by the Chief Administrator, or his or her designee, or a court of law, for satisfying a certificate of debt on an installment basis. A driving privilege which has been denied, suspended or revoked pursuant to this subsection shall not be restored until the principal amount of the certificate of debt, accrued interest and statutory collection costs are satisfied in full by the driver.
New Rule. R. 1995 d.348, effective July 3, 1995, see 27 N.J.R. 1524(a), 27 N.J.R. 2591(a). Amended. R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a).
POINT AND SURCHARGE REGULATIONS 13:19-13.1
SUBCHAPTER 13. MOTOR VEHICLE VIOLATIONS SURCHARGE SYSTEM; SUPPLEMENTAL SURCHARGES
Adopted. R.1984 d.61, effective March 19, 1984, see 16 N.J.R. 124(a), 16 N.J.R. 551(a). Readopted. 1989 d.493, effective August 18, 1989, see 21 N.J.R. 1817(b), 21 N.J.R. 3019(b).
Pursuant to N.J.S. 52:14B-1.5d, the expiration of Subchapter 13 was waived indefinitely, effective July 25, 2007, see 39 N.J.R. 3779(a).
Renamed from Motor Vehicle Insurance Surcharge, Supplemental Surcharges, R.2010 d.277, effective December 6, 2010, see 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
13:19-13.1 Surcharges for three-year period; convictions; amounts. (a) System surcharges shall be levied by the Motor Vehicle Commission for convictions of violations set forth in (b) below, which violations occurred on or after March 19, 1984, the effective date of the original regulation. The surcharges shall be annually assessed for a three-year period.
(b) The following violations shall be subject to surcharges as indicated in (a) above for the amount set forth below:
N.J.S. Statutory Violation
1. 39:3-10
2. 39:3-40
3. 39:4-14.3e
4. 39:6B-2
Offense
Unlicensed driver
Driving while suspended Failing to have insurance on motorized bicycle
Failing to maintain liability insurance on motor vehicle
Surcharge $100.00 $250.00
$100.00
$250.00
Amended. R.1985 d.482, effective September 16, 1985, see 17 N.J.R. 893(a), 17 N.J.R. 2281(a);
R.1994 d.468, effective September 19, 1994, see 26 N.J.R. 2738(a), 26 N.J.R. 3873(a); R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a); R.2010 d.277, effective December 6, 2010, see 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
13:19-13.2 Surcharges for three-year period; administrative violations; amounts. (a) System surcharges shall be levied by the Motor Vehicle Commission for violations resulting in license suspensions imposed administratively which are set forth in (b) below and which violations or suspensions have occurred on or after March 19, 1984, the effective date of the original regulation. The surcharge shall be assessed each year for a three-year period and shall be in addition to the license restoration fee charged pursuant to N.J.S.A. 39:3-10a.
(b) The following violations resulting in administrative license suspensions shall be subject to surcharge as indicated in (a) for the amount set forth below:
1. Operating while suspended ..............................................................$250.00
2. Failure to maintain liability insurance on motor vehicle..................$250.00
Amended. R.1985 d.482, effective September 16, 1985, see 17 N.J.R. 893(a), 17 N.J.R. 2281(a); R.1989 d.493, effective September 18, 1989, see 21 N.J.R. 1817(b), 21 N.J.R. 3019(b); R.2005 d.47, effective February 7, 2005, see 36 N.J.R. 4005(a), 37 N.J.R. 505(a); R.2010 d.277, effective December 6, 2010, see 42 N.J.R. 713(a), 42 N.J.R. 2966(a).
13:19-13.3 (Reserved)
Adopted. R.1985 d.482, effective September 16, 1985, see 17 N.J.R. 893(a), 17 N.J.R. 2281(a). Repealed. R.1994 d.468, effective September 19, 1994, see 26 N.J.R. 2738(a), 26 N.J.R. 3873(a).
No comments:
Post a Comment