New Jersey § 39:8-71

§ 39:8-71.

a. A complaint and summons charging a violation of this act or any rule or regulation

adopted pursuant thereto and seeking the imposition of a civil penalty in accordance

with the provisions of this act or any rule or regulation adopted pursuant to this

act shall be a ticket in the form prescribed by the Administrative Director of the

Courts pursuant to the Rules Governing the Courts of the State of New Jersey and may

contain information advising the persons to whom it is issued of the manner in which

and time within which an answer to the alleged violation is required. The ticket may also advise that penalties may result from a failure to answer, that

the failure to answer or appear shall be considered an admission of liability, and

that a default judgment may be entered. Service of the ticket shall be subject to the Rules Governing the Courts of the

State of New Jersey. The ticket may be served personally upon the operator of a vehicle, and the owner's

or the lessee's name may be recorded on the ticket, together with the plate number

and state or jurisdiction as shown by the registration plates of the vehicle and the

make or model of the vehicle. A ticket may be served upon the owner or the lessee of the vehicle by affixing the

ticket to the vehicle in a conspicuous place. A ticket may be served by mail upon the owner or the lessee of the vehicle on file

with the commission , or the licensing authority of another jurisdiction by mailing the ticket to the

vehicle owner or lessee by regular or certified mail to the address on file with the commission , or the licensing authority of another jurisdiction. Service of a ticket by regular or certified mail shall have the same effect as if

the ticket were served personally, subject to the Rules Governing the Courts of the

State of New Jersey. b. Subject to the Rules Governing the Courts of the State of New Jersey, the ticket

shall contain sufficient information to identify the person or persons charged and

to inform them of the nature, date, time and location of the alleged violation. Subject to the Rules Governing the Courts of the State of New Jersey, the original

of the ticket shall be signed by the complaining witness, who shall certify to the

truth of the facts set forth therein. Any person may serve as the complaining witness. For the purposes of the certification, the complaining witness may rely upon information

from the commission , or the Division of State Police, upon official reports, and upon any form prepared

in accordance with subsection c. of section 8 of this act. 1 The original ticket or a true copy of the ticket shall be considered a record kept

in the ordinary business of the commission and shall be prima facie evidence of the facts contained therein. c. Any operator who drives a vehicle in this State when the owner or lessee of that

vehicle causes, authorizes, or otherwise permits such operation shall be the owner's

or lessee's agent for service of any ticket, process, or penalty or other notice against

the owner or lessee arising out of any alleged violation of this act or any rule or

regulation adopted pursuant thereto. The owner and the lessee, if any, of a vehicle driven by any operator in this State

shall be the operator's agent or agents for service of any ticket, process, or penalty

or other notice arising out of any alleged violation of section 10 of this act 2 pertaining to a roadside inspection. Subject to the Rules Governing the Courts of the State of New Jersey, any service

of ticket, process, or penalty or other notice served on an operator who operates

in this State, or on an owner or lessee of the vehicle, shall also constitute service

upon the remaining persons, so long as the ticket, process, or penalty or other notice

advises the person actually served of that person's responsibility to notify the remaining

persons. d. Subject to the Rules Governing the Courts of the State of New Jersey, judicial

proceedings under this act may be instituted on any day of the week, and the institution

of the proceedings on a Sunday or a holiday shall not be a bar to the successful prosecution

thereof. Subject to the Rules Governing the Courts of the State of New Jersey, any process

served on a Sunday or holiday shall be as valid as if served on any other day of the

week. e. A municipal court before which proceedings pursuant to this act are instituted

shall, subject to the Rules Governing the Courts of the State of New Jersey, immediately,

upon expiration of the time for a defendant to answer or appear: (1) with respect

to a resident of New Jersey, mail notice as provided in the Rules Governing the Courts

of the State of New Jersey; or (2) with respect to a non-resident of New Jersey,

mail notice as provided in the Rules Governing the Courts of the State of New Jersey. The notice shall be upon a form approved by the Administrative Director of the Courts

that informs the defendant of the following: the infraction charged; the time and

date of the infraction; the amount of penalties due; the defendant's right to have

a hearing; and that a civil judgment may be entered against the defendant for failure

to answer or appear or pay the amount of penalties due. Upon failure to answer or appear in response to the notice, the court shall give

notice of that fact to the commission in a manner prescribed by the commission , and money judgment shall be entered and execution shall issue in accordance with

the Rules Governing the Courts of the State of New Jersey. If the judgment has been docketed in the Superior Court pursuant to section 15 of

this act, 3 execution shall be under the jurisdiction of that court. In no case of an unsatisfied judgment shall an arrest warrant or execution against

the body of the defendant issue unless otherwise provided by the Rules Governing the

Courts of the State of New Jersey. If notice has been given under this subsection of a person's failure to respond

to a failure to appear notice and if the person appears or if the case is dismissed

or otherwise disposed of, the court shall promptly give notice to that effect to the commission . f. If the defendant is the owner or lessee of a vehicle that is the subject of the

violation and if the defendant fails to respond to a failure to appear notice, the

judge or the commission may suspend the registration privileges of the defendant in this State. The commission shall keep a record of a suspension ordered by the court pursuant to this subsection. If the registration privileges of the defendant have been suspended pursuant to

this subsection and if the defendant appears or the case is disposed of and if the

defendant satisfies all penalties and costs that are owing, the court shall forward

to the commission a notice to restore the defendant's registration privileges. Upon receiving a notice to restore and upon the defendant's payment of the restoration

fee in accordance with section 23 of P.L.1975, c. 180 ( C.39:3-10a ), the commission shall record the restoration and notify the defendant of the restoration. 1

N.J.S.A. § 39:8-66. 2

N.J.S.A. § 39:8-68. 3

N.J.S.A. § 39:8-73.