N.J. Admin. Code § 13:20-43.16
Current through Register Vol. 56, No. 11, June 3, 2024
Section 13:20-43.16 - Registration denial; suspension of registration; motor vehicles not inspected by certificate of approval or inspection decal expiration date; motor vehicles that have failed inspection and have not been presented for re-inspection; conditional registration restoration; reinstatement of registration suspension due to noncompliance; conditional registration; suspension of conditional registration due to noncompliance; penalties(a) 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 presented the motor vehicle for inspection prior to the expiration of the certificate of approval or inspection decal issued for the motor vehicle. The Motor Vehicle Commission shall mail a notice of scheduled registration suspension to the owner or lessee of a motor vehicle whenever a motor vehicle has not been presented for inspection prior to the expiration of the certificate of approval or inspection decal issued for the motor vehicle. The notice of scheduled registration suspension shall inform the owner or lessee that the motor vehicle must be presented for inspection within 30 days from the date of the notice of scheduled registration suspension and that the owner's or lessee's failure to present the motor vehicle for inspection shall cause the registration of the motor vehicle to be suspended. The Motor Vehicle Commission shall mail an order of registration suspension to the owner or lessee if the owner or lessee fails to present the motor vehicle for inspection in accordance with the notice of scheduled registration suspension. The Motor Vehicle Commission shall not suspend a motor vehicle registration pursuant to this subsection if the owner or lessee complies with either of the following requirements: 1. Surrenders or causes to be surrendered to the Motor Vehicle Commission the registration certificate and registration plates issued for the motor vehicle within the period of time provided in the Motor Vehicle Commission's notice of scheduled registration suspension; or2. Presents or causes the motor vehicle to be presented for inspection within the period of time provided in the Motor Vehicle Commission's notice of scheduled registration suspension and an inspection certificate of approval is issued for the motor vehicle within such period of time.(b) Except as otherwise provided in this section, the Motor Vehicle Commission shall deny or suspend the registration of a motor vehicle if the owner or lessee has not presented the motor vehicle for reinspection prior to the expiration of the inspection rejection sticker or other indication of inspection rejection issued for the motor vehicle after failure of inspection. The Motor Vehicle Commission shall mail a notice of scheduled registration suspension to the owner or lessee of a motor vehicle whenever a motor vehicle has not been presented for reinspection within the period of time set forth in 13:20-7.5, 7.6(a), or 43.14(g), whichever is applicable. The notice of scheduled registration suspension shall inform the owner or lessee that the motor vehicle must be presented for reinspection within 30 days from the date of the notice of scheduled registration suspension and that the owner's or lessee's failure to present the motor vehicle for reinspection shall cause the registration of the motor vehicle to be suspended. The Motor Vehicle Commission shall mail an order of registration suspension to the owner or lessee if the owner or lessee fails to present the motor vehicle for reinspection in accordance with the notice of scheduled registration suspension. The Motor Vehicle Commission shall not suspend a motor vehicle registration pursuant to this subsection if the owner or lessee complies with either of the following requirements: 1. Surrenders or causes to be surrendered to the Motor Vehicle Commission the registration certificate and registration plates issued for the motor vehicle within the period of time provided in the Motor Vehicle Commission's notice of scheduled registration suspension; or2. Presents or causes the motor vehicle to be presented for reinspection within the period of time provided in the Motor Vehicle Commission's notice of scheduled registration suspension and an inspection certificate of approval is issued for the motor vehicle within such period of time.(c) The Motor Vehicle Commission shall not issue a motor vehicle registration renewal application if the registration for the motor vehicle is denied or suspended in accordance with this section.(d) The Motor Vehicle Commission shall issue a notice of conditional registration restoration to a motor vehicle owner or lessee who has applied for the restoration of a motor vehicle registration that has been denied or suspended pursuant to this section provided he or she has paid the registration restoration fee in accordance with 39:3-10a and 13:21-9.3(b) and, if applicable, the registration renewal fee required by law; provided, however, a notice of conditional registration restoration shall not be issued if the motor vehicle registration is otherwise suspended and is not eligible for restoration. The conditional registration restoration shall authorize the operation of such motor vehicle only for the following purposes: 1. To travel to and from an official inspection facility where the inspection of such motor vehicle is to be conducted; 2. To travel to and from a licensed private inspection facility where the inspection or reinspection of such motor vehicle is to be conducted;3. To travel to and from a State specialty inspection facility where the inspection or reinspection of such motor vehicle is to be conducted;4. To travel to and from a registered motor vehicle emission repair facility where the repair of such motor vehicle is to be performed; or5. To travel to and from a repair facility where the repair of such motor vehicle is to be performed.(e) A notice of conditional registration restoration issued pursuant to (d) above shall be valid for a period not to exceed 14 days. The registration suspension of a motor vehicle for which a notice of conditional registration restoration has been issued by the Motor Vehicle Commission pursuant to (d) above shall be reinstated if an inspection certificate of approval is not issued for such motor vehicle prior to the expiration of the notice of conditional registration restoration.(f) The Motor Vehicle Commission shall issue a conditional registration certificate to the purchaser of a used motor vehicle for which the registration thereof had been denied or suspended pursuant to this section prior to the date of sale provided the registrant has paid the registration fee required by law; provided, however, a conditional registration certificate shall not be issued if the purchaser's registration privilege is otherwise suspended and is not eligible for restoration. The conditional registration shall authorize the operation of such motor vehicle only for the following purposes: 1. To travel from the place of purchase to the purchaser's residence or place of business;2. To travel to and from an official inspection facility where the inspection of such motor vehicle is to be conducted; 3. To travel to and from a licensed private inspection facility where the inspection or reinspection of such motor vehicle is to be conducted;4. To travel to and from a State specialty inspection facility where the inspection or reinspection of such motor vehicle is to be conducted;5. To travel to and from a registered motor vehicle emission repair facility where the repair of such motor vehicle is to be performed; or6. To travel to and from a repair facility where the repair of such motor vehicle is to be performed.(g) A conditional registration certificate issued pursuant to (f) above shall be valid from the date of its issuance. The registration of a motor vehicle for which a conditional registration has been issued by the Motor Vehicle Commission pursuant to (f) above shall be suspended if an inspection certificate of approval is not issued for such motor vehicle within 14 days of the issuance of the conditional registration certificate.(h) If a motor vehicle for which a notice of conditional registration restoration has been issued pursuant to (d) above or for which a conditional registration has been issued pursuant to (f) above is presented for inspection at an official inspection facility or a licensed private inspection facility and fails such inspection, the official inspection facility or licensed private inspection facility shall remove the previously-issued inspection certificate of approval, inspection decal, collector motor vehicle windshield sticker and/or inspection rejection sticker, if any, affixed to the windshield and shall present the motor vehicle inspection report for such motor vehicle to the operator thereof.(i) A motor vehicle owner or lessee whose motor vehicle registration has been denied or suspended pursuant to this section shall not operate or permit the operation of such motor vehicle during the period of such denial or suspension. A person who operates or permits the operation of a motor vehicle during a period of denial or suspension shall be subject to the penalties set forth in 39:3-4, 39:3-40 and 39:5-35.N.J. Admin. Code § 13:20-43.16
Amended by 48 N.J.R. 810(a), effective 5/16/2016