Sponsored by:
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblyman Atkins, Assemblywoman Morales, Assemblymen McClellan, Simonsen and Assemblywoman Bagolie
SYNOPSIS
Increases penalties for drag racing; provides for impoundment under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning motor vehicle penalties and amending R.S.39:4-52.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:4-52 is amended to read as follows:
[No] a. A person shall not operate a motor vehicle upon a public highway for a wager or in a race or for the purpose of making a speed record.
b. A person who violates [this section shall be fined] subsection a. of this section shall be subject to the following penalties:
(1) For a first offense, a fine of not less than [twenty-five nor] $100 or more than [one hundred dollars for the first offense, and, for a subsequent offense,] $200;
(2) For a second offense, a fine of not less than [one hundred nor] $200 or more than [two hundred dollars] $300; and
(3) For a third or subsequent offense, the motor vehicle operated in violation of subsection a. of this section shall be impounded for not less than 96 hours and shall be released to the registered owner only upon proof of registration and insurance and payment of all reasonable towing and storage costs.
If the registered owner of a motor vehicle impounded pursuant to this section fails to claim the impounded vehicle, and pay all outstanding fees and costs by midnight of the 30th day following the day on which the motor vehicle was impounded, that motor vehicle may be sold at public auction. Notice of the sale shall be given by the impounding entity by certified mail to the owner of the motor vehicle, if the owner's name and address are known, and to the holder of any security interest filed with the Chief Administrator of the New Jersey Motor Vehicle Commission, and by publication in a form prescribed by the chief administrator by one insertion, at least five days before the date of the sale, in one or more newspapers published in this State and circulating in the municipality in which the motor vehicle is impounded.
c. At any time prior to a sale pursuant to subsection b. of this section, the owner or other person entitled to the motor vehicle may reclaim possession upon showing proof of registration and insurance and paying all outstanding fees and costs associated with the impoundment, and reasonable towing and storage costs.
The owner-lessor of a motor vehicle impounded pursuant to paragraph (3) of subsection b. of this section shall be entitled to reclaim possession without payment and the lessee shall be liable for all outstanding fees and costs associated with the impoundment, towing and storage of the motor vehicle.
d. Any proceeds obtained from the sale of a motor vehicle at public auction pursuant to subsection b. of this section in excess of the amount owed to the impounding entity for the reasonable costs of towing and storage and any fees or other costs associated with the impoundment of the motor vehicle shall be returned to the owner of the motor vehicle, if the owner's name and address are known. If the owner's name and address are unknown or the person or entity cannot be located, the net proceeds shall be administered in accordance with the "Uniform Unclaimed Property Act," R.S.46:30B-1 et seq.
(cf: R.S.39:4-52)
2. This act shall take effect immediately.
STATEMENT
This bill concerns the penalties for drag racing on public highways.
Under current law, a person is subject to a fine of a minimum of $25 and a maximum of $100 for a first offense of racing on a public highway. In addition, a person is subject to a fine of a minimum of $100 and a maximum $200 for a subsequent offense.
This bill increases the penalty for racing on a public highway to a fine between $100 and $200 for a first offense and a fine between $200 and $300 for a second offense. For a third or subsequent offense, the bill provides that the motor vehicle used for racing in violation of current law be impounded for not less than 96 hours.
Under the bill, the owner of the motor vehicle may reclaim the motor vehicle by showing proof of registration and insurance and paying all reasonable towing and storage costs. Further, if the owner fails to claim the motor vehicle within 30 days, it may be sold at public auction. Proceeds of the sale in excess of reasonable costs of towing and storage are returned to the owner or administered in accordance with the Uniform Unclaimed Property Act.