:20-44.17 Additional violations

(a) In addition to any violation of N.J.S.A. 39:8-1 et seq., the Director may refuse to issue a license or a renewal thereof, or suspend or revoke the existing license of any private inspection facility if he or she determines that the applicant or licensee:

1. - 3. (No change.)

4. Has been found to have violated or conducted fraudulent or deceptive practices concerning the inspection, reinspection, certification and/or repair of motor vehicles in violation of N.J.S.A. 39:8-1 et seq., 56:8-1 et seq., N.J.A.C. [13:45A-7] 13:45A-26C or this subchapter;

5. Has a criminal record which is disqualifying. A disqualifying criminal record shall include a conviction of any offense in any jurisdiction which would be:

i. Any of the following offenses under the "New Jersey Code of Criminal Justice," P.L. 1978, c. 95 (Title 2C of the New Jersey Statutes) as amended and supplemented:

. . .

N.J.S.A. 2C:11-5 [(death by auto)] (vehicular homicide);

ii. (No change.)

6. - 10. (No change.)

11. Does not have valid permits, as provided in N.J.A.C. [13:20-44.4(c)(5)] 13:20-44.4(c)6, or other authorization from the appropriate Federal, State or other governmental agency authorizing operation of the business or operation of any equipment, service or process on the premises;

12. - 14. (No change.)
13:20-44.18 Emission inspector

[The licensee or someone in his or her employment shall be licensed as] A Class I or Class II licensed private inspection facility shall employ an emission inspector licensed in accordance with chapter 8 of Title 39 of the Revised Statutes and N.J.A.C. 13:20-43.17.

(a) P.L. 1995, c. 112 provides for the registration of motor vehicle emission repair facilities by the Director of the Division of Motor Vehicles. The purpose of this subchapter is to establish a system for the registration of motor vehicle emission repair facilities which perform emission repairs for compensation on "gasoline-fueled" or "bi-fueled" motor vehicles as defined in N.J.A.C. 13:20-43.1 which have failed an emission inspection so that the Division may track emission repairs for monitoring purposes and document emission repair costs for purposes of issuance of certificates of waiver pursuant to N.J.A.C. 13:20-43.13.

(b) (No change.)
13:20-45.4 Initial application for registration

(a) Any person seeking to engage in the business of a motor vehicle emission repair facility shall apply, in accordance with the provisions of this subchapter, to the Director for a registration authorizing him or her to engage in such business. An application for a motor vehicle emission repair facility registration may be obtained from the Motor Vehicle Emission Repair Facility Registration Unit of the Division. The address of the Motor Vehicle Emission Repair Facility Registration Unit is:

Business License Compliance

Motor Vehicle Emission Repair Facility

Registration Unit

225 East State Street

[CN] P.O. Box 170

Trenton, New Jersey 08666-0170

(b) - (e) (No change.)

(f) Upon preliminary approval of each initial registration application, a registration shall be issued to the motor vehicle emission repair facility. Each initial registration issued to a motor vehicle emission repair facility on or after June 29, 1995 shall be effective on the date of issuance and shall continue in force and effect until December 31, [1998] 2000, and shall, thereafter, be renewed on a biennial basis, unless such registration is suspended or revoked by the Director.
13:20-45.7 Registration renewals

(a) - (b) (No change.)

(c) Upon approval of each renewal application, a registration shall be issued to the motor vehicle emission repair facility. Each renewal registration issued to a motor vehicle emission repair facility on or after [December 31, 1998] January 1 of any year shall continue in force and effect [for a period of two years] until December 31 of the following year, unless such registration is suspended or revoked by the Director.
13:20-45.10 Deceptive practices concerning emission-related repairs

Motor vehicle emission repair facilities shall be subject to the provisions of N.J.A.C. [13:45A-7] 13:45A-26C.

(a) (No change.)

(b) In addition to any violation of N.J.S.A. 39:8-1 et seq., the Director may refuse to renew a registration or suspend or revoke the registration of any motor vehicle emission repair facility if he or she determines that the applicant or registrant at any time following submission of the application for initial registration:

1. Has been found to have violated or conducted fraudulent or deceptive practices concerning the repair of motor vehicles in violation of N.J.S.A. 56:8-1 et seq. or N.J.A.C. [13:45A-7] 13:45A-26C or this subchapter;

2. - 14. (No change.)
13:20-45.16 Repair technician; certification

(a) [On or after July 1, 1998, the] The registrant or someone in his or her employment shall be certified as a repair technician. (b) [On or after July 1, 1998, no] No emission repairs to "gasoline-fueled" or "bi-fueled" motor vehicles as defined in N.J.A.C. 13:20-43.1 may be performed for compensation of any kind by any person or facility unless the repairs are made by, or under the supervision of, a certified repair technician employed by the facility. For purposes of this subsection, "employed by" shall be construed to include any business relationship between the certified repair technician and the facility including actual or equitable ownership, in whole or in part, of the individual facility by the technician or a partnership interest in the facility.

(c) - (e) (No change.)

CHAPTER 21. LICENSING SERVICE
SUBCHAPTER 5. REGISTRATIONS
13:21-5.12 Registration plate decals

Upon issuance of each initial motor vehicle registration and each motor vehicle registration renewal by the Division of Motor Vehicles, a distinctive registration plate decal(s) shall also be issued by the Division for affixation to the front and rear license plates of such motor vehicles to indicate the month and year of expiration of the motor vehicle registration. This section shall not apply to motor vehicles registered at no fee in accordance with N.J.S.A. 39:3-27.


SUBCHAPTER 15. NEW JERSEY LICENSED MOTOR VEHICLE DEALERS
13:21-15.7 Informing purchaser of dealer's responsibilities; suspension, revocation, or refusal to renew license due to noncompliance

(a) Prior to entering into any agreement for the retail sale of a used passenger motor vehicle, a motor vehicle dealer licensed pursuant to N.J.S.A. 39:10-19 shall give written notice to the purchaser of a used passenger motor vehicle to be registered in this State of the dealer's responsibilities under N.J.S.A. 39:10-26 through 39:10-30, inclusive.

(b) In the event that the purchaser of a used passenger motor vehicle to be registered in this State does not waive, pursuant to N.J.S.A. 39:10-29, the dealer's obligation pursuant to N.J.S.A. 39:10-27, the motor vehicle dealer shall inform the purchaser that the used passenger motor vehicle must be presented for inspection at an official inspection facility as defined in N.J.A.C. 13:20-43.1 or a private inspection facility as defined in N.J.A.C. 13:20-43.1 within 14 days of the date of issuance of the temporary authorization certificate for the motor vehicle by the Division of Motor Vehicles in order for the purchaser to exercise his or her rights under N.J.S.A. 39:10-26 through 39:10-30, inclusive.

(c) Notwithstanding (b) above, the motor vehicle dealer and the purchaser of a used passenger motor vehicle to be registered in this State may mutually agree, in writing, that such used passenger motor vehicle must be presented for inspection at an official inspection facility as defined in N.J.A.C. 13:20-43.1 or a private inspection facility as defined in N.J.A.C. 13:20-43.1 within a shorter period of time from the date of issuance of the temporary authorization certificate for the motor vehicle by the Division of Motor Vehicles than that set forth in (b) above in order for the purchaser to exercise his or her rights under N.J.S.A. 39:10-26 through 39:10-30, inclusive.

(d) A motor vehicle dealer who violates this section may have his or her motor vehicle dealer's license suspended or revoked, or renewal thereof refused, by the Director of the Division of Motor Vehicles pursuant to N.J.S.A. 39:10-20.

The Division of Motor Vehicles may thereafter adopt this proposal without further notice. The adoption becomes effective upon publication in the Register of a notice of adoption.

This proposal is known as PRN 1999 -

C. Richard Kamin, Director

Date