39:8-9 Fraudulent Inspection Sticker Enforcement Middlesex County, Central NJ, Edison, Metuchen North Brunswick East Brunswick Woodbridge Piscataway

39:8-9 Fraudulent Inspection Sticker
Enforcement; violations, penalties  
    

     a. 
The enforcement of this chapter shall be vested in the director and the police
or peace officers of any municipality, any county or the State. 


   b.   An owner or lessee who:

  

  
(1)  Fails or refuses to have a motor vehicle examined within the time
period prescribed by the director; or  

   (2)  After
having had it examined, fails or refuses to place or display a certificate of
approval, rejection sticker or waiver certificate upon the windshield or other
location on the vehicle as may be prescribed by the director; or 


   (3)  Fails or refuses to place the motor vehicle in proper
condition after having had the same examined; or  

   (4) 
In any manner, fails to conform to the provisions of this chapter or the
regulations adopted by the director pursuant thereto, shall be guilty of
violating the provisions of this chapter, and shall be subject to a fine of not
less than $100 or more than $200 or to imprisonment for not more than 30 days,
or to both such fine and imprisonment.  

  
c.   A person who fraudulently obtains a certificate of approval,
rejection sticker or waiver certificate, or displays or has in his possession a
fictitious, altered, or stolen certificate of approval, rejection sticker or
waiver certificate shall be subject to a fine of $500 for each such certificate
or sticker.  

   d.   The provisions of this
chapter shall be enforced and all penalties for the violation thereof shall be
recovered in accordance with the provisions of "the penalty enforcement
law" (N.J.S.2A:58-1 et seq.), and in addition to the provisions and
remedies therein contained, the following provisions and remedies shall be
applicable in any proceeding brought for a violation of any of the provisions
of this chapter:  

   (1)  The several municipal courts
shall have jurisdiction of such proceeding, in addition to the courts
prescribed in "the penalty enforcement law";  

  
(2)  The complaint in any such proceeding may be made on information and
belief by the director, or any police or peace officer of any municipality, any
county or the State;  

   (3)  A warrant may issue in lieu
of summons;

  

   (4)  Any police or peace officer shall
be empowered to serve and execute process in any such proceeding;  

  
(5)  The hearing in any such proceeding shall be without a jury; 


   (6)  Any such proceeding may be brought in the name of the
Director of the Division of Motor Vehicles in the Department of Law and Public
Safety or in the name of the State of New Jersey;  

  
(7)  Any sums received in payment of any fines imposed in any such
proceeding shall be paid to the Director of the Division of Motor Vehicles and
shall be paid by him to the State Treasurer, who shall deposit one-half of such
sums in the "Motor Vehicle Inspection Fund" established pursuant to
subsection j. of R.S.39:8-2, and who shall pay the remaining one-half of such
sums to the county or municipality initiating the complaint or summons or, if
initiated by State law enforcement personnel, to the State Treasury; 


   (8)  The director or judge before whom any hearing under
this chapter is had may revoke the registration certificate of any motor
vehicle owned or leased by any person, when such person shall have been found
to be in violation of any of the provisions of this chapter as shall in the
discretion of the director or judge justify such revocation. 


   e.   The director may order the suspension of the
registration or reciprocity privilege of any motor vehicle found to be in
violation of any of the provisions of this chapter.  If the owner or
lessee fails to surrender the license plates for that vehicle to the division
within 45 days of the mailing of an order requiring their surrender, the
director may order the confiscation of the license plates of the vehicle that
is in violation.  An order of license plate confiscation issued by the
director shall include an order imposing a civil penalty of $200 on the owner
or lessee of the vehicle.  This civil penalty shall be paid to the State
Treasurer, who shall deposit one-half of the amount in the "Motor Vehicle
Inspection Fund" established pursuant to subsection j. of R.S.39:8-2 and
pay the remaining one-half to any municipality or county whose law enforcement,
police or peace officers confiscated the plates in accordance with the order of
the director, or if the plates were confiscated by State law enforcement
personnel, to the State Treasury.  A civil penalty imposed pursuant to
this subsection shall be in addition to any other penalty provided by this
chapter.