New Jersey § 39:10-2

§ 39:10-2.

As used in this chapter unless other meaning is clearly apparent from the language

or context, or unless inconsistent with the manifest intention of the Legislature: “ Authorized signatory ” means a dealer or leasing dealer and any employee, officer, director, partner, or

other holder of an ownership interest in the licensed business authorized to execute

documents on behalf of the dealer or leasing dealer, but shall not include any attorney-in-fact

who is not an employee, officer, director, partner, or holder of an ownership interest. “ New motor vehicle ” means only a newly manufactured motor vehicle, except a nonconventional type motor

vehicle, and includes all such vehicles propelled otherwise than by muscular power,

and motorcycles, motorized bicycles, trailers and tractors, and manufactured homes

not subject to real property taxation pursuant to P.L.1983, c. 400 ( C.54:4-1.2 et seq. ), excepting such vehicles as run only upon rails or tracks and manufactured homes

subject to real property taxation. “ Used motor vehicle ” means every motor vehicle and motorized bicycle, except a nonconventional type motor

vehicle, title to, or possession of, which has been transferred from the person who

first acquired it from the manufacturer or dealer, and so used as to become what is

commonly known as “secondhand” within the ordinary meaning thereof, and includes every

motor vehicle and motorized bicycle other than a “new motor vehicle,” a “nonconventional

type motor vehicle” or a manufactured home subject to real property taxation. “ Any motor vehicle ,” “ every motor vehicle ,” or similar term, means both new and used motor vehicles, except a “nonconventional

type motor vehicle.” “ Nonconventional type motor vehicle ” means every vehicle not designed or used primarily for the transportation of persons

or property and only incidentally operated or moved over a highway, including, but

not limited to, ditch-digging apparatus, well-boring apparatus, road and general purpose

construction and maintenance machinery, asphalt spreaders, bituminous mixers, bucket

loaders, ditchers, leveling graders, finishing machines, motor graders, road rollers,

scarifiers, earth-moving carryalls, scrapers, power shovels, drag lines, self-propelled

cranes, earth-moving equipment, trailers and semitrailers which weigh less than 2,500

pounds, except that no mobile or manufactured home or travel trailer shall be classified

as a nonconventional type motor vehicle, motorized wheelchairs, motorized lawn mowers,

bogies, farm equipment having a factory shipping weight of less than 1,500 pounds,

whether or not motorized, including farm tractors within said weight limitation, industrial

tractors, scooters, go-carts, gas buggies and golf carts. The Chief Administrator of the New Jersey Motor Vehicle Commission shall have power to make, amend and repeal regulations, not inconsistent with the

provisions of this paragraph, prescribing what further vehicles or types of vehicles,

not specified in this paragraph, shall be included in the category of nonconventional

type motor vehicles. “ Motor vehicles which constitute inventory held for sale ” means : new motor vehicles and used motor vehicles held for the purpose of sale by new motor vehicle dealers which can be identified by a manufacturer's Vehicle Identification Number (VIN) and

have been invoiced to, allocated to, or reserved by a new motor vehicle dealer licensed

to do business in New Jersey, and such vehicle can be shipped by the manufacturer

or distributor within a reasonable period of time and used motor vehicles held for

the purpose of sale by new or used motor vehicle dealers which can be identified by

a manufacturer's VIN and title papers or right to title is held by the used motor

vehicle dealer. This term shall exclude motor vehicles held for the purpose of lease or rental by a person engaged in the

motor vehicle leasing or rental business. “ Manufacturer's or importer's certificate of origin ” means the original written instrument or document required to be executed and delivered

by the manufacturer to his agent or a dealer, or a person purchasing direct from the

manufacturer, certifying the origin of the vehicle. “ Certificate of ownership ” means the document issued in conformance with this chapter, certifying ownership

of a motor vehicle, other than manufacturer's or importer's certificate of origin. “ Assignment ” means the execution of a prescribed form transferring ownership of a motor vehicle

from the person named therein to the purchaser. “ Contract ” means conditional sale agreement, bailment, lease, chattel mortgage, trust receipt

or any other form of security or possession agreement executed prior to January 1,

1963, wherein and whereby possession of a motor vehicle is delivered to the buyer

and title therein is to vest in the buyer at a subsequent time upon the payment of

part or all of the price, or upon the performance of any other condition or happening

of any contingency, or upon the payment of a sum substantially equivalent to the value

of the motor vehicle, by which contract it is agreed that the buyer is bound to become,

or has the option of becoming, the owner of the motor vehicle upon full compliance

with the terms of the contract. “ Abstract ” means the duplicate copy of the original certificate of ownership recording any

encumbrance or upon which the existence of a security interest is noted. “ Title papers ” means any instrument or document that is evidence of ownership of a vehicle. “ Chief Administrator ” means the Chief Administrator of the New Jersey Motor Vehicle Commission . “ Manufacturer ” means the person who originally manufactured the motor vehicle. “ Licensee ” means any person that is licensed to buy, sell or deal in, or lease motor vehicles

pursuant to R.S.39:10-19 . “ Established place of business ” means a permanent, properly identified location within the State where the books,

records, and files necessary to buy, sell, or deal in motor vehicles are kept and

maintained, including, but not limited to, all documents required by R.S.39:10-6 , title papers, manufacturers' or importers' certificates of origin, motor vehicle

registration records, contracts, security agreements, all payroll records, including,

but not limited to, IRS Form W-2 and IRS Form W-4 records, checkbooks, ledgers for

business accounts and trust accounts, corporate authorities and licenses, dealer plates,

ledgers listing all issued and unissued dealer assignments, and dealer plates. “ New motor vehicle dealer ” means the agent, distributor, or authorized dealer of the manufacturer of the new

motor vehicle who has an established place of business. A new motor vehicle dealer shall sell a minimum of four or more new motor vehicles

within a 12-month timeframe and may engage in the business of buying, selling, or

dealing in used motor vehicles in this State under the provisions of this chapter . “ Used motor vehicle dealer ” means a person engaged in the business of selling, buying or dealing in four or more used motor vehicles per year at an established place of business , but who is not a licensed new motor vehicle dealer. A used motor vehicle dealer shall engage only in the business of buying, selling,

or dealing in used motor vehicles in this State under the provisions of this chapter

and shall not engage in the business of buying, selling, or dealing in new motor vehicles

in this State . “ Person ” includes natural persons, firms or copartnerships, corporations, associations, or

other artificial bodies, receivers, trustees, common law or statutory assignees, executors,

administrators, sheriffs, constables, marshals, or other persons in representative

or official capacity, and members, officers, agents, employees, or other representatives

of those hereinbefore enumerated. “ Buyer ” includes purchaser, debtor, lessee, bailee, transferee, and any person buying, attempting

to buy, or receiving a motor vehicle subject to a security interest, lease, bailment

or transfer agreement, and their legal successors in interest. “ Seller ” means manufacturer, dealer, lessor, bailor, transferor with or without a security

interest, and any other person selling, attempting to sell, or delivering a motor

vehicle, and their legal successors in interest. The terms “ sell , ” “ sale , ” “ buy ,” or “ purchase ” and any form thereof include absolute or voluntary sales and purchases, agreements

to sell and purchase, bailments, leases, security agreements whereby any motor vehicles

are sold and purchased, or agreed to be sold and purchased, involuntary, statutory

and judicial sales, inheritance, devise, or bequest, gift or any other form or manner

of sale or agreement of sale thereof, or the giving or transferring possession of

a motor vehicle to a person for a permanent use; continued possession for 60 days

or more is to be construed as permanent use. “ Online sale ” means buying, selling, or dealing in motor vehicles in this State over the Internet

using electronic means. “ Electronic ” means relating to technology having electrical, digital, magnetic, optical, electromagnetic,

or similar capabilities. “ Manufacturer's number ” means the original manufacturer's vehicle identification number die stamped upon

the body, or frame, or either or both of them, of a motor vehicle or the original

manufacturer's number die stamped upon the engine or motor of a motor vehicle. “ Purchaser ” means a person who takes possession of a motor vehicle by transfer of ownership,

either for use or resale, except a dealer when he takes possession through a certificate

of origin. “ Debtor ” means the person who owes payment or other performance of the obligation secured

by a security interest in a motor vehicle. “ Security interest ” means an interest in a motor vehicle which secures payment or other performance

of an obligation. “ Security agreement ” means an agreement which creates or provides for a security interest in a motor

vehicle. “ Secured party ” means a lender, seller or other person in whose favor there is a security interest. “ Gross vehicle weight rating ” means the value specified by the manufacturer as the loaded weight of the single

or combination vehicle and, if the manufacturer has not specified a value for a towed

vehicle, means the value specified for the towing vehicle plus the loaded weight of

the towed unit.