N.J. Admin. Code § 13:20-43.15

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:20-43.15 - Recall compliance procedures; purpose; applicability; notice to owner; recall compliance form; transfer of ownership; denial and suspension of registration

(a) Owners and lessees of motor vehicles which are included in either a "Voluntary Emissions Recall" as defined at 40 C.F.R. § 85.1902(d), or in a remedial plan determination made pursuant to section 207(c) of the Federal Clean Air Act, shall present such vehicles to the manufacturer or authorized dealer for emission-related repairs and shall comply with the procedures set forth in this section.

(b) Recall compliance procedures set forth in this section shall apply to all motor vehicles for which owner recall notification occurs after January 1, 1995.

(c) The EPA or an entity approved by the EPA shall provide the Motor Vehicle Commission with a list of vehicle identification numbers with unresolved recalls.

(d) The Motor Vehicle Commission shall provide written notice to an owner or lessee of a motor vehicle which is contained on an EPA list of vehicle identification numbers with unresolved recalls. The notice shall inform the owner or lessee of the following:

1. That the vehicle is subject to a recall notification;

2. That the vehicle must be presented to the manufacturer or authorized dealer for emission-related repairs; and

3. That proof of compliance with the recall notice must be submitted to the Motor Vehicle Commission as a precondition to the Motor Vehicle Commission's issuance of a certificate of approval for the vehicle.

(e) The Motor Vehicle Commission shall prescribe a Recall Compliance Form for use in demonstrating recall compliance in accordance with this section. The Recall Compliance Form shall be provided to an owner or lessee with the written notice required under (d) above. The owner or lessee shall submit the Recall Compliance Form to the manufacturer or authorized dealer when he or she presents the vehicle for emission-related recall repairs. The manufacturer or authorized dealer shall be responsible for providing the information required on the Recall Compliance Form. The manufacturer or authorized dealer shall provide the owner or lessee with the completed Recall Compliance Form. The owner or lessee of the vehicle shall submit the Recall Compliance Form to the Motor Vehicle Commission. The manufacturer or authorized dealer shall maintain a copy of the Recall Compliance Form in its files for a period of five years from the date of completion of the emission-related repairs. The manufacturer or authorized dealer shall make available the completed Recall Compliance Form upon the request of the Chief Administrator or his or her designee.

(f) The Recall Compliance Form shall include the following:

1. The VIN, make, and model year of the vehicle;

2. The recall campaign number;

3. The date emission-related repairs were completed;

4. The name, address and telephone number of the authorized dealer completing the emission-related repairs; and

5. The dealer license number, if the authorized dealer completing the emission-related repairs is located in New Jersey.

(g) Except as otherwise provided in this section, the Motor Vehicle Commission shall deny the issuance or renewal of the registration of a motor vehicle and shall suspend the registration of a motor vehicle if the owner or lessee has not filed or caused to be filed with the Motor Vehicle Commission within six months of the written notice provided under (d) above proof that recall emission-related repairs have been completed by the manufacturer or authorized dealer.

(h) The denial of the registration shall be effective on the first day following the expiration date of the motor vehicle's registration. The suspension of the registration shall be effective on the date specified by the Motor Vehicle Commission in an order of suspension issued to the owner or lessee.

1. The Motor Vehicle Commission shall not suspend a motor vehicle registration pursuant to this section if the owner or lessee has surrendered to the Motor Vehicle Commission the registration certificate and registration plates issued thereto.

2. The Motor Vehicle Commission shall not deny a motor vehicle registration pursuant to this section if the owner or lessee presents or causes the motor vehicle to be presented to the manufacturer or authorized dealer for emission-related recall repairs and files or causes to be filed with the Motor Vehicle Commission proof that recall emission-related repairs have been completed by the manufacturer or authorized dealer.

N.J. Admin. Code § 13:20-43.15

Amended by R.1999 d.422, effective 12/6/1999.
See: 31 New Jersey Register 2466(a), 31 New Jersey Register 4078(a).
In (g), inserted "within six months of the written notice provided under section (d) above" following "Division"; and in (h), substituted a reference to motor vehicles for a reference to vehicles and inserted a reference to lessees in the introductory paragraph, inserted a reference to lessees in 1, and rewrote 2.
Amended by R.2006 d.249, effective 7/3/2006.
See: 38 N.J.R. 386(b), 38 N.J.R. 2835(a).
Substituted "Motor Vehicle Commission" for "Division" throughout; in (d)3, substituted "Motor Vehicle Commission's" for "Division's"; and in (e), substituted "Chief Administrator" for "Director".