New Jersey § 39:3-40
Full text of New Jersey New Jersey Statutes § 39:3-40, with citation guidance and answers to common questions.
§ 39:3-40.
a. A motor vehicle subject to the provisions of this act may be impounded by any law
enforcement officer if the registrant: (1) knowingly permits an unlicensed driver to operate that motor vehicle; (2) operates or permits the operation of that motor vehicle without a valid temporary
registration or valid temporary registration plates as authorized under section 3
of P.L.1995, c. 286 ( C. 39:3-40.2 ); or (3) fails to surrender a registration certificate and registration plates in accordance
with the provisions of subsection b. or c. of section 2 of P.L.1995, c. 286 ( C.39:3-40.1 ). A motor vehicle impounded under the provisions of this subsection shall be removed
to storage space or garage and its registration certificate and registration plates
seized. The registrant shall be responsible for the cost of the removal and storage of the
impounded motor vehicle. b. (1) If the registrant fails to claim the motor vehicle and pay the reasonable costs
of removal and storage by midnight of the 30th day following impoundment, along with
a fine of $50 to cover the administrative costs of the municipality wherein the violation
occurred, the municipality may sell the motor vehicle at public auction. The municipality shall give notice of the sale by certified mail to the registrant
of the motor vehicle and to the holder of any security interest filed with the director,
and by publication in a form to be prescribed by the director by one insertion, at
least five days before the date of the sale, in one or more newspapers published in
this State and circulating in the municipality in which the motor vehicle has been
impounded. (2) At any time prior to the sale, the registrant or other person entitled to the
motor vehicle may reclaim possession of it upon payment of the reasonable costs of
removal and storage of the motor vehicle and any outstanding fines or penalties;
provided, however, if the other person entitled to the motor vehicle is a lessor or
the holder of a lien on the motor vehicle, he may reclaim the motor vehicle without
payment. In such cases, the violator shall be liable for all outstanding costs, fines and
penalties, and the municipality shall have a lien against the property and income
of that violator for the total amount of those outstanding costs, fines and penalties. (3) Any proceeds obtained from the sale of a motor vehicle at public auction pursuant
to paragraph (1) of this subsection in excess of the amount owed to the municipality
for the reasonable costs of removal and storage of the motor vehicle and any outstanding
fines or penalties shall be returned to the registrant of the vehicle.
Frequently Asked Questions About New Jersey § 39:3-40
What does New Jersey Statutes § 39:3-40 cover?
Section 39:3-40 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 39:3-40?
A common citation format is "New Jersey Statutes § 39:3-40" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 39:3-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.