N.J. Admin. Code § 13:21-15.10

Current through Register Vol. 56, No. 12, June 17, 2024

Section 13:21-15.10 - Nonresident temporary registrations issued by licensed motor vehicle dealers and leasing dealers

(a) A licensee authorized to issue temporary registrations by the Commission may, in accordance with this section, issue a nonresident temporary registration for a new or used vehicle to a nonresident person or entity that has purchased or leased said vehicle from such dealer or leasing dealer while enroute to another state or Federal district, provided that said vehicle will not be permanently registered in New Jersey. A bona fide sale or lease of such vehicle is a prerequisite to the issuance of a nonresident temporary registration. Nonresident temporary registrations may be issued for passenger vehicles, noncommercial trucks, unladen non-apportioned commercial vehicles, motorcycles and motorized bicycles. The nonresident temporary registration shall serve as both a temporary registration and marker (license plate).

(b) Licensees selling and/or leasing fewer than four vehicles permanently registered in New Jersey through a retail sale or lease in their first 12 months of operation or any 12-month period thereafter are not authorized to issue nonresident temporary registrations.

1. Licensees who have been issued their initial license and are in their first 12 months of operation will be eligible to issue nonresident temporary registrations. At the end of a licensee's first 12 months of operation, the licensee shall submit the retail sales and/or lease contracts, or other documentation deemed necessary by the Commission, to determine whether the licensee sold and/or leased at least four vehicles that were permanently registered in New Jersey during the licensee's first 12 months of operation.

2. Upon request from the Commission, the licensee shall provide documentation of its previous year's retail sales and/or leases and New Jersey registration records. Licensees not meeting the required minimum of four retail sales or leases per year may have their authorization to issue nonresident temporary registrations revoked by the Commission.

3. For the purpose of this subsection only and pursuant to the definitions as found in N.J.S.A. 39:1-1 et seq., the sale of motorized bikes, all-terrain vehicles, dirt bikes, snowmobiles, motor-drawn vehicles, trailers, specialty vehicles, low-speed vehicles, or mobile or manufactured homes as defined in N.J.S.A. 52:27D-121, or any other non-traditional vehicle that is not required to have a motor vehicle dealer license issued by the Commission or not permitted to be used on public roads or highways does not count toward the sale and registration minimum required to obtain or maintain authorization to issue nonresident temporary registrations as required in this subsection.

4. A licensee not meeting the requirements to obtain or maintain authorization to issue nonresident temporary registrations will be notified in writing by the Commission and given an opportunity to request a hearing pursuant to N.J.A.C. 13:21-15.14.

5. Upon written application and sufficient proof of minimum retail sales and/or leases, a licensee's authorization to issue nonresident temporary registrations may be reinstated by the Commission.

(c) A nonresident temporary registration shall not be issued pursuant to this section if the dealer or leasing dealer does not have in his or her possession a valid manufacturer's statement of origin or title for the vehicle and, if applicable, a valid dealer reassignment certificate for the vehicle, except as provided pursuant to N.J.S.A. 39:10-9.

(d) A nonresident temporary registration shall not be issued pursuant to this section unless the applicant therefor presents proof that he or she is a nonresident. Such proof of nonresidency shall include, but not be limited to, a valid out-of-State driver license which lists an out-of-State address for the applicant; a copy of the proof shall be retained for three years.

(e) An applicant for a nonresident temporary registration pursuant to this section shall present proof to the motor vehicle dealer or authorized signatory of his or her out-of-State residence and of the name of the insurance company that is providing liability insurance coverage for the vehicle and the insurance policy number or binder number; such proofs shall be retained for three years.

(f) If the vehicle is subject to the Federal Heavy Vehicle Use Tax imposed by section 4481 of the Internal Revenue Code of 1954 (26 U.S.C. § 4481), a nonresident temporary registration shall not be issued unless the applicant therefor presents proof in the form prescribed by the United States Secretary of the Treasury that the tax has been paid; a copy of the proof shall be retained.

(g) A nonresident temporary registration issued pursuant to this section shall expire at the end of 30 days or as soon as the permanent registration for the vehicle has been received by the registrant from his or her state or Federal district of residence, whichever occurs first. The nonresident temporary registration shall be destroyed by the registrant at the time of expiration.

(h) A licensee shall not in any way alter a previously issued nonresident temporary registration. A second temporary registration, valid for a 30-day period beyond the original temporary registration, may be issued only when permanent registration of a vehicle is delayed because the:

1. Original title is lost; or

2. Lien holder has delayed in providing the original title.

(i) A nonresident temporary registration is not transferable from one licensee to another or from one vehicle to another. A nonresident temporary registration shall not be lent by a licensee to a customer, another licensee, or any other person or entity. A nonresident temporary registration shall not be issued for vehicles titled in the name of the licensee or for vehicles covered solely by the licensee's insurance policy.

(j) A licensee authorized to issue nonresident temporary registrations by the Commission may purchase temporary registration paper stock from an approved vendor that is listed on the Commission's website, www.state.nj.us/mvc. A licensee authorized to issue nonresident temporary registrations through the Commission's eTemp Tag Program may issue them at a cost of $ 5.00 per nonresident temporary registration.

(k) A nonresident temporary registration shall only be issued through the licensee's own account and shall be printed on a laser jet printer.

(l) The licensee or authorized signatory shall ensure that all required information is properly entered and print the nonresident temporary registration. The information shall include:

1. The name of the registrant;

2. The address of the registrant;

3. A full description of the vehicle including its make, year, model, body type, vehicle identification number, color and, if a commercial vehicle, its gross weight;

4. The date of issue of the nonresident temporary registration;

5. The date of expiration of the nonresident temporary registration;

6. The name of the insurance company that has issued a policy covering the vehicle, as well as the insurance policy number or binder number;

7. The licensee's name and dealer or leasing dealer identification number; and

8. The temporary registration number.

(m) The licensee or authorized signatory shall securely attach the nonresident temporary registration plate issued by the licensee pursuant to this section to the rear license plate holder of the vehicle. No portion of the nonresident temporary registration plate shall be obstructed. For a motorcycle, a motorized bicycle, or in the event that the registrant is transferring persons with disabilities plates or the nonresident temporary registration plate cannot otherwise be securely attached to the vehicle, the nonresident temporary registration plate shall be in the possession of the driver of such vehicle when it is being operated and shall be exhibited upon the request of any law enforcement official or authorized representative of the Commission.

(n) Any voided nonresident temporary registrations shall be kept in the possession of the licensee for three years from the issue date or void date, and shall be made available by the licensee for examination by authorized representatives of the Commission at any time during regular business hours. A licensee shall permit authorized Commission representatives to enter the established place of business of the licensee at any time during regular business hours for the purpose of conducting such an examination of nonresident temporary registration records. In the event that a dealership maintains branches or a licensee operates multiple licensed dealerships under common ownership or control (a dealership group), and the remaining requirements of this subsection are met at each dealership branch site or each individual dealership site within a dealership group, records that are not immediately necessary for the conduct of current business at a dealership branch site or an individual dealership site within a dealership group may be maintained at the main or principal established place of business of the dealership or dealership group or at a centralized recordkeeping facility.

(o) A licensee who violates any provision of this section shall, upon notice and an opportunity to be heard, have the privilege of issuing nonresident temporary registrations suspended. In addition, a licensee who commits such a violation may, upon notice and an opportunity to be heard, have the dealer's or leasing dealer's license suspended or revoked, or renewal thereof refused, by the Chief Administrator pursuant to N.J.S.A. 39:10-20.

(p) All lost or stolen non-resident temporary registrations shall be promptly reported to the local police and the Commission; failure to do so shall be conclusive evidence of improper disposition thereof.

(q) A licensee authorized to issue nonresident temporary registrations by the Commission shall print them using a method and type of paper stock as set forth in (j) and (k) above.

(r) When a duplicate nonresident temporary registration is issued due to a theft of the original nonresident temporary registration, a police report shall be obtained and maintained with the file for a period of three years from the date the duplicate nonresident temporary registration is issued.

(s) When a duplicate nonresident temporary registration is issued due to a malfunction in the printing process, evidence of the malfunction shall be documented and retained in the sales file for a period of three years from the date the duplicate nonresident temporary registration is issued.

N.J. Admin. Code § 13:21-15.10

Amended by 49 N.J.R. 1443(b), effective 6/5/2017

Amended by 56 N.J.R. 1032(a), effective 6/3/2024