N.J.S.A. 27:1A-3.1 — Definitions; Department of Transportation to establish, administer system for adjudicating, enforcing collection of motor vehicle tolls, include provisions for notice, hearing, appeal, suspension of motor vehicle registrations.

27:1A-3.1 Definitions; Department of Transportation to establish, administer system for adjudicating, enforcing collection of motor vehicle tolls, include provisions for notice, hearing, appeal, suspension of motor vehicle registrations. 4. a. As used in P.L.2023, c.339 (C.27:1A-3.1 et al.): "Chief administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission. "Commission" means the New Jersey Motor Vehicle Commission. "Commissioner" means the Commissioner of Transportation. "Department" means the Department of Transportation. "New Jersey tolling entity" shall include the New Jersey Turnpike Authority, established pursuant to section 3 of P.L.1948, c.454 (C.27:23-3), the South Jersey Transportation Authority, established pursuant to section 4 of P.L.1991, c.252 (C.27:25A-4), any county commission, established pursuant to R.S.27:19-36, or any interstate tolling entity with which New Jersey is a member of the enabling compact and has entered into a reciprocity agreement with the department for the purposes of toll enforcement that authorizes the department to suspend or deny motor vehicle registration privileges for toll violators in accordance with the provisions of P.L.2023, c.339 (C.27:1A-3.1 et al.). b. Notwithstanding the provisions of any other law, the department may establish and administer a system of adjudicating and enforcing the collection of motor vehicle tolls imposed by each New Jersey tolling entity that shall include provisions for notice, an opportunity to be heard and appeal, and the suspension of motor vehicle registrations. c. Upon receipt by the department of notification from a New Jersey tolling entity, the department may direct the commission to suspend the motor vehicle registration of the owner of a motor vehicle that has accumulated: unpaid tolls and fees collectively totaling $500 or more over the past three years; or six or more unpaid toll violations, with at least one violation having occurred after the effective date of P.L.2023, c.339 (C.27:1A-3.1 et al.). Upon notification from a New Jersey tolling entity that a motor vehicle registration meets the threshold for suspension, the department may direct the suspension even if the unpaid tolls and fees are thereafter reduced below $500 by a partial satisfaction of the outstanding toll amounts. The suspension shall remain in effect until the department is satisfied that the entirety of all outstanding tolls and fees are paid, dismissed, reversed on appeal or stayed, or that the violator has entered into a payment agreement with the department, provided, however, that the motor vehicle registration may be suspended subsequent to entering into a payment agreement for noncompliance with the repayment agreement. d. Prior to directing the suspension of a motor vehicle registration, the department shall provide the registered owner with written notice, by first class mail to the address of the owner, of the department's intent to seek suspension of the motor vehicle registration and shall afford the owner the opportunity to be heard by the department and appeal protections in a manner sufficient to address whether the suspension is based on a false, mistaken, or unjustified claim. If the registered owner fails to dispute or satisfy such unpaid tolls, fees, and costs or if, after being given the opportunity to be heard by the department, the owner has not demonstrated that the claim is false, mistaken, or unjustified, the department shall issue a final agency decision and direct suspension of the owner's motor vehicle registration. Upon receipt of the department's direction to suspend a registration and a copy of the final decision issued by the department, the commission shall issue an order denying or suspending the registration as provided in this section. The order denying or suspending the registration shall be sent by regular mail to the registered owner's address of record with the commission. Notwithstanding any other law to the contrary, the registered owner shall not have the right to a hearing before the commission after the department has issued a final agency decision and directed the suspension of the registered owner's registration. e. The department may direct the commission to suspend the registration of a motor vehicle upon receiving notification from an out-of-state tolling entity, interstate tolling entity, or another state of unpaid toll violations, pursuant to the terms and conditions of a reciprocity agreement entered into between the department and the out-of-state tolling entity, interstate tolling entity, or other state. f. The department may enter into reciprocal agreements with out-of-state tolling entities, interstate tolling entities, or other states to implement a system of unpaid toll collections and enforcement, providing for the suspension of New Jersey motor vehicle registrations for the non-payment of tolls and fees assessed by an out-of-state or interstate tolling entity or another state and the allocation of administrative expenses. The reciprocal agreement shall include provisions confirming the following: (1) The out-of-state tolling entity, interstate tolling entity, or other state has its own reciprocal procedures for collecting tolls and fees due to New Jersey tolling entities by employing sanctions that include denial of a person's ability to obtain a registration certificate for a motor vehicle; (2) The penalties, exclusive of tolls, claimed by the out-of-state tolling entity, interstate tolling entity, or other state against the owner of a motor vehicle registered in this State does not exceed $100 for the first violation or $600 for each subsequent violation; (3) The out-of-state tolling entity, interstate tolling entity, or other state provides the opportunity to be heard and appeal protections to address whether a claim pursued against an owner of a motor vehicle registered in this State is false, mistaken, or unjustified; (4) An owner of a motor vehicle registered in this State may present evidence to the out-of-state tolling entity, interstate tolling entity, or other state by mail, telephone, or electronic means or in-person when being given the opportunity to be heard by the department, without having to appear personally in the jurisdiction where the violation is alleged to have occurred; and (5) The parties to the reciprocity agreement each may charge the other party a fee sufficient for each party to recoup the costs of collection services, including costs incurred by the department or the agency that registers motor vehicles in the other state. g. In any proceeding authorized by this section, documents obtained from a New Jersey tolling entity, the commission, the out-of-state tolling entity, the interstate tolling entity, or another state, or their agents, shall be admissible into evidence to support the unpaid toll violations and shall constitute documents of the department. The department's certification that it has obtained documents and information from a New Jersey tolling entity, the commission, the out-of-state tolling entity, the interstate tolling entity, or another state shall be prima facie proof of the facts contained in the documents. h. Notwithstanding any of the provisions of this section to the contrary, no suspension may be imposed more than three years after the violation is committed. i. The department, in consultation with the New Jersey tolling entities, shall establish an amnesty program that permits the reduction of 25 percent of unpaid tolls of $500 or more if all outstanding tolls are otherwise paid in their entirety. The amnesty program shall be open to all violators with cumulative unpaid tolls of $500 or more incurred prior to the effective date of P.L.2023, c.339 (C.27:1A-3.1 et al.), except that the amnesty program shall end 180 days after the effective date of P.L.2023, c.339 (C.27:1A-3.1 et al.). j. The department may supplement the authority bestowed upon it under this section with any other existing statutory or administrative authority conferred on the department, the commission, and the New Jersey tolling entities, and these agencies shall have the power to enter into interagency agreements to implement the provisions of P.L.2023, c.339 (C.27:1A-3.1 et al.). k. Any tolls and fees collected shall be paid directly to the relevant New Jersey tolling entity, out-of-state tolling entity, interstate tolling entity, or other state, and no tolls and fees collected by the department, as an agent of the New Jersey tolling entities, pursuant to this section, or as an agent of the out-of-state tolling entity, interstate tolling entity, or other state, pursuant to a reciprocity agreement, shall be remitted to the General Fund. Nothing contained herein shall be construed to limit the ability of a New Jersey tolling entity to recoup unpaid tolls, fees, and costs by any means available under civil or criminal judicial process, or through debt collection activities, or any other available statutory, regulatory, or civil mechanisms. Notwithstanding any of the provisions of this section to contrary, the department may negotiate interagency agreements with each New Jersey tolling entity and may include provisions in reciprocity agreements with out-of-state tolling entities, interstate tolling entities, or other states to fund the administrative expenses of the department in enforcing collection of tolls and fees under P.L.2023, c.339 (C.27:1A-3.1 et al.). The department may establish minimum fees related to the administration of P.L.2023, c.339 (C.27:1A-3.1 et al.), which may be increased at the discretion of the department and shall include: (1) A filing fee to appeal the unpaid tolls and fees that form the basis of the notice of pending registration suspension; and (2) A filing fee to appeal any suspension decision or order of the department. l. The department, each New Jersey tolling entity, and the commission, working cooperatively under the direction and coordination of the department, may, after providing 30 days' notice for the purpose of receiving public comment, to adopt, via an administrative order entered by the commissioner, the New Jersey tolling entity, or the chief administrator, respectively, administrative regulations providing standards and procedures implementing this act notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The administrative orders shall be effective for up to 18 months from the effective date of P.L.2023, c.339 (C.27:1A-3.1 et al.), unless the department, the New Jersey tolling entities, or the commission, respectively, adopt regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), prior to that date. L.2023, c.339, s.4.

This is the verbatim text of N.J.S.A. 27:1A-3.1, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.