New Jersey § 39:3c-34

§ 39:3c-34.

a. In addition to the fines set forth in section 33 of P.L.2009, c. 275 ( C.39:3C-33 ), any vehicle or off-road vehicle operated on public lands in violation of P.L.1973,

c. 307 ( C.39:3C-1 et seq. ), may be impounded by the law enforcing agency and held until the payment of the

fee required pursuant to subsection b. or c. of this section, as appropriate. The prosecutor may waive the requirements of subsections b. and c. of this section

for the owner of the vehicle or off-road vehicle if the owner is not a defendant in

the case and did not know, or reasonably could not have known, that the vehicle or

off-road vehicle would be used in violation of P.L.1973, c. 307 ( C.39:3C-1 et seq. ), or any law, or rule or regulation adopted pursuant thereto, concerning the operation

of vehicles or off-road vehicles on public lands. b. (1) For a first offense, the vehicle or off-road vehicle may be impounded for not

less than 48 hours and shall be released to the registered owner upon proof of registration

and insurance as applicable to the type of vehicle or off-road vehicle and payment

of a fee of $500 to the Department of Environmental Protection, plus reasonable towing

and storage costs. (2) For a second offense, the vehicle or off-road vehicle may be impounded for not

less than 96 hours and shall be released to the registered owner upon proof of registration

and insurance as applicable to the type of vehicle or off-road vehicle and payment

of a fee of $750 to the Department of Environmental Protection, plus reasonable towing

and storage costs. (3) For a third or subsequent offense, the vehicle or off-road vehicle impounded may

be forfeited and sold at auction and the registered owner shall be responsible for

payment of a fee of $1,000 to the Department of Environmental Protection, plus reasonable

towing and storage costs. c. (1) If the owner fails to claim the impounded vehicle or off-road vehicle, and

the fee required pursuant to subsection b. of this section has not been paid, by noon

of the 30th day following the date of conviction, the vehicle or off-road vehicle

may be sold at auction. Notice of the sale shall be given by the impounding entity by certified mail to

the owner of the vehicle or off-road vehicle, if the owner's name and address are

known, and to the holder of any security interest filed with the chief administrator

of the New Jersey Motor Vehicle Commission, and by publication in a form prescribed

by the chief administrator by one insertion, at least five days before the date of

the sale, in one or more newspapers published in the State and circulating in the

municipality in which the vehicle or off-road vehicle is impounded. (2) At any time prior to the sale, the owner or other person entitled to the vehicle

or off-road vehicle may reclaim possession upon (a) showing proof of registration

and insurance as applicable to the vehicle or off-road vehicle, (b) payment of the

required fee, (c) payment of reasonable towing and storage costs, and (d) payment

of all outstanding fees and costs associated with the impoundment. The owner-lessor of an impounded vehicle or off-road vehicle shall be entitled to

reclaim possession and the lessee shall be liable for all outstanding fines and restitution

and fees and costs associated with the impoundment, towing and storage of the vehicle

or off-road vehicle. d. Any proceeds obtained from the sale of a vehicle or off-road vehicle at public

auction pursuant to subsection c. of this section in excess of the amount owed to

the impounding entity for the reasonable costs of towing and storage and any fees

or other costs associated with the impoundment of the vehicle or off-road vehicle

shall be returned to the owner of that vehicle or off-road vehicle, if the owner's

name and address are known. If the owner's name and address are unknown or such person or entity cannot be located,

the net proceeds shall be administered in accordance with the “Uniform Unclaimed Property

Act,” R.S.46:30B-1 et seq. e. (1) Whenever a vehicle or off-road vehicle is subject to forfeiture pursuant to

paragraph (3) of subsection b. of this section, the forfeiture may be enforced by

a civil action, instituted within 90 days of the impoundment and commenced by the

State against the property sought to be forfeited. The complaint for forfeiture shall be verified on oath or affirmation. It shall describe with reasonable accuracy the vehicle or off-road vehicle that

is subject to the forfeiture action. The complaint shall contain all allegations setting forth the reason for forfeiture. (2) Notice of the action shall be given to any person known to have a property interest

in the vehicle or off-road vehicle and the notice requirements of the Rules of Court

for an in rem action shall be followed. The claimant of the vehicle or off-road vehicle that is subject to action under

this subsection shall file and serve the claim in the form of an answer in accordance

with the Rules of Court. The answer shall be verified on oath or affirmation and state the interest in the

property by virtue of which the claimant demands its restitution and the right to

defend the action. If the claim is made on behalf of the person entitled to possession by an agent

or attorney, it shall state that the agent or attorney is duly authorized to make

the claim. If no answer is filed and served within the applicable time, the property seized

shall be disposed of pursuant to N.J.S.2C:64-6 and N.J.S.2C:64-7 .