N.J. Admin. Code § 13:20-8.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:20-8.2 - Proof of repair

(a) Persons receiving a complaint and summons for a non-out-of-service equipment violation pursuant to 49 C.F.R. Parts 390, 392, 393 and 396, as applicable, may, pursuant to N.J.S.A. 39:5B-29a, seek a reduction of the penalty amount charged for the violation if the defendant provides satisfactory proof of repair to the vehicle.

(b) Proof that a violation has been corrected shall be by a "Certification of Repair" as described in 13:20-8.4 and shall certify that a non-out-of-service violation has been corrected.

(c) Any necessary vehicle repair(s) to correct a non-out-of-service equipment violation for purposes of effecting a penalty reduction pursuant to N.J.S.A. 39:5B-29a shall be made prior to the hearing date indicated in the complaint and summons or as determined by the municipal court to which the complaint and summons are returnable.

(d) Defendants charged with non-out-of-service equipment violations who wish to plead guilty may submit a Certification of Repair by mail with the complaint and summons to the municipal court to which the complaint and summons are returnable prior to the court date. In a case where the court deems the Certification of Repair to be inadequate, the court will afford the defendant the option to withdraw the defendant's guilty plea.

N.J. Admin. Code § 13:20-8.2