N.J. Admin. Code § 13:18-11.3
Current through Register Vol. 56, No. 24, December 18, 2024
Section 13:18-11.3 - Government records; examination; purchase of copies; exemption(a) All government records shall be subject to public access unless exempt from such access by N.J.S.A. 47:1A-1 et seq. as amended and supplemented, any other statute, resolution of either or both houses of the Legislature, Executive Order of the Governor, Rules of Court, any Federal law, Federal regulation or Federal order, or regulation promulgated under the authority of any statute or Executive Order of the Governor. Where it shall appear that a person who has been convicted of any indictable offense under the laws of this State, any other state or the United States is seeking government records containing personal information pertaining to the person's victim or the victim's family including, but not limited to, a victim's home address, home telephone number, work or school address, work telephone number, social security account number, medical history or any other identifying information, the right of access shall be denied in accordance with N.J.S.A. 47:1A-2.2. Government records shall be readily accessible for inspection, copying, or examination by any person, with certain exceptions found within N.J.S.A. 47:1A-1 for the protection of the public interest, during the regular business hours of the Motor Vehicle Commission at the Trenton Regional Service Center, 120 South Stockton Street, Trenton, New Jersey or other office of the Motor Vehicle Commission as determined by the Custodian of Records. Any person shall have the right to inspect, copy, or examine government records under reasonable supervision during regular business hours. Any person shall have the right to purchase copies of government records by written request upon payment of the fee as set forth in N.J.A.C. 13:18-11.4.(b) The right of inspection, copying, or examination of government records pursuant to N.J.S.A. 47:1A-3 may be denied in cases where the record or records being sought for inspection, copying, or examination pertain to any investigation in progress, if the inspection, copying, or examination of such record or records is inimical to the public interest.(c) The Motor Vehicle Commission's database and the information contained in it do not constitute government records. In no event shall data or information contained in the database be provided to any person or entity which seeks to use such information for the purpose of commercial solicitation for profit or political canvassing or campaigning or any similar purpose or objective.(d) Motor vehicle records shall be released in accordance with the provisions of the New Jersey Drivers' Privacy Protection Act (N.J.S.A. 39:2-3.3 through 3.7, inclusive).(e) In the interest of public safety and privacy, the government records listed below shall only be made available for inspection, examination, and copying by a person who demonstrates to the satisfaction of the Chief Administrator of the Motor Vehicle Commission that he or she is the person to whom the record pertains or that he or she has a legitimate beneficial interest in the requested record for the protection of his or her property rights or the protection of any interest the person may have in any matter affecting the person to which said record is relevant. Availability may be limited to that part of the record which is particularly relevant to the person, and personal information may be deleted from the copy of such record. Such records include all those government records of the Motor Vehicle Commission relating to: 2. Vehicle registrations;(f) Persons requesting the inspection, examination or copying of government records of the Motor Vehicle Commission specified in this subchapter shall be required to present identification, which shall include a photocopy of the requestor's driver license or, if the person is unlicensed, either a photocopy of the requestor's identification card issued by the Motor Vehicle Commission in accordance with the "Identification Cards for Nondrivers' Act" (N.J.S.A. 39:3-29.2 et seq.) or other proof of identity acceptable to the Commission, and to complete a formal request form prepared by the Motor Vehicle Commission, which shall include: 1. The requestor's name and address;2. The requestor's driver license number or corporate identification number;3. The requestor's reason for requesting the record;4. The driver license number or the name, address, and birth date of the person whose driver record is requested;5. The license plate number or VIN number of the vehicle for which a record is requested; and6. A description of the information the requestor is seeking in order to ensure that a copy of the appropriate record is provided.(g) Nothing in this section shall be construed as prohibiting the provision of an abstract of the operating record of any person by the Motor Vehicle Commission to insurance companies, persons furnishing any financial responsibility, and sureties on bonds in accordance with the provisions of N.J.S.A. 39:6-42.(h) Nothing in this section shall be construed as prohibiting the provision of certificates of ownership by the Motor Vehicle Commission in accordance with the provisions of N.J.S.A. 39:10-14.N.J. Admin. Code § 13:18-11.3
New Rule, R.1991 d.575, effective 11/18/1991.
See: 23 N.J.R. 2857(a), 23 N.J.R. 3520(a).
Amended by R.1997 d.13, effective 1/6/1997.
See: 28 N.J.R. 4566(a), 29 N.J.R. 147(a).
Added (c) through (g).
Amended by R.2000 d.174, effective 5/1/2000.
See: 32 N.J.R. 256(a), 32 N.J.R. 1517(a).
Amended by R.2005 d.359, effective 11/7/2005.
See: 37 N.J.R. 1484(a), 37 N.J.R. 4299(a).
Rule heading was "Public records; examination; purchase of copies; exemption"; rewrote the section.
Amended by R.2011 d.106, effective 4/4/2011.
See: 42 N.J.R. 2309(a), 43 N.J.R. 882(a).
In (d), substituted "Drivers' " for "Driver", and updated the N.J.S.A. references.