A6162

An Act concerning license plates and supplementing Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

“Accessory license plate” means a license plate issued by the commission, pursuant to subsection b. of this section, to the registered owner of a passenger automobile, which plate shall be affixed to a rear-mounted vehicle attachment.

“Chief administrator” means the Chief Administrator of the New Jersey Motor Vehicle Commission.

“Commission” means the New Jersey Motor Vehicle Commission.

“Passenger automobile” shall have the same meaning as that term is defined in R.S.39:1-1.

“Rear-mounted vehicle attachment” means an attachment, including, but not limited to, a bicycle rack, luggage carrier, or cargo carrier, that is mounted on the rear of a passenger automobile and obstructs the visibility of the rear license plate of the passenger automobile.

b. The chief administrator shall issue, upon application by the registered owner of a passenger automobile pursuant to subsection d. of this section, an accessory license plate for a rear-mounted vehicle attachment on a passenger automobile, which attachment obstructs the visibility of the rear license plate on a passenger automobile.

c. The accessory license plate shall:

(1) display the same registration number and markings as the passenger automobile’s rear license plate;

(2) be clearly marked with the phrase “Accessory Use Only” or some other designation to mark the license plate as an accessory license plate, as prescribed by the chief administrator;

(3) be issued solely for the purpose of being mounted to a rear-mounted vehicle attachment that obstructs the rear license plate on a passenger automobile;

(4) be securely affixed to the rear-mounted vehicle attachment in a location and manner prescribed by the chief administrator; and

(5) be issued solely for use on the passenger automobile to which the accessory license plate is registered.

d. To obtain an accessory license plate, the registered owner of a passenger automobile shall apply to the commission in a form and manner prescribed by the chief administrator, which application shall include, at a minimum:

(1) a one-time fee in an amount determined by the chief administrator, provided that the fee does not exceed the total amount of any administrative costs incurred by the commission in creating and issuing the accessory license plate; and

(2) proof of a valid and unexpired registration certificate for the passenger automobile for which the registered owner is seeking an accessory license plate.

e. The registered owner of a passenger automobile for which an accessory license plate has been issued shall pay a fee to the commission to obtain a replacement accessory license plate if the accessory license plate is lost, damaged, or destroyed. The replacement fee shall be in an amount determined by the chief administrator. The replacement fee shall not exceed the total amount of any administrative costs incurred by the commission in creating and issuing the replacement accessory license plate.

f. The registered owner of a passenger automobile for which an accessory license plate has been issued shall return the accessory license plate to the commission if:

(1) the passenger automobile’s registration expires or is suspended or revoked for any reason;

(2) the passenger automobile is sold or transferred;

(3) the registered owner is no longer in possession of, and therefore no longer needs, the rear-mounted vehicle attachment that obstructs the visibility of the passenger automobile’s rear license plate; or

(4) any other condition, as determined by the commission, is met.

g. (1) Any person who knowingly misuses an accessory license plate in violation of the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be subject to a fine of not less than $250 and not more than $500 for each offense.

(2) The commission may revoke an accessory license plate and may deny future issuance upon a determination of misuse, as made by the commission.

h. The chief administrator shall adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

2. This act shall take effect on the first day of the sixth month following enactment, but the Chief Administrator of the New Jersey Motor Vehicle Commission may take such anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill directs the Chief Administrator (chief administrator) of the New Jersey Motor Vehicle Commission (commission) to issue, upon application by the registered owner of a passenger automobile, an accessory license plate for a passenger automobile with a rear-mounted vehicle attachment, including, but not limited to, a bicycle rack, luggage carrier, or cargo carrier, that obstructs the visibility of the passenger automobile’s rear license plate. Under the bill, accessory license plates are to display the same registration number and markings as the passenger automobile’s rear license plate, be clearly labeled for accessory use only, and be securely affixed to the rear-mounted vehicle attachment in a location and manner prescribed by the chief administrator. An accessory license plate is to be issued only for use on the registered passenger automobile.

The bill also requires the registered owner of a passenger automobile seeking an accessory license plate to apply to the commission in a form and manner prescribed by the chief administrator. At a minimum, the application is to include a one-time fee, as outlined in the bill, and proof of a valid and unexpired registration certificate. An individual seeking a replacement accessory license plate is required to pay a fee, as outlined in the bill, to the commission.

In addition, the bill requires an individual to return an accessory license plate to the commission if: (1) the passenger automobile’s registration expires or is suspended or revoked for any reason; (2) the passenger automobile is sold or transferred; (3) the individual no longer possesses, and therefore no longer needs, the rear-mounted vehicle attachment; or (4) any other condition, as determined by the commission, is met.

Finally, the bill provides that any person who knowingly misuses an accessory license plate in violation of the bill’s provisions is to be subject to a fine of not less than $250 and not more than $500 for each offense. Moreover, the bill authorizes the commission to revoke an accessory license plate and deny future issuance upon a determination of misuse, as made by the commission.

This bill is intended to address the inconvenience and safety concerns associated with repeatedly removing and reattaching the rear license plate on a passenger automobile to accommodate rear-mounted vehicle attachments. By authorizing accessory license plates, the bill promotes ease of compliance with State motor vehicle laws for drivers, helps ensure an unobstructed view of rear license plates for law enforcement, reduces the likelihood of traffic stops or citations due to obstructed rear license plates, and decreases the risk of license plate loss due to improper reinstallation.