N.J. Admin. Code § 13:21-11A.6

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

Section 13:21-11A.6 - Junk title certificate; issuance; notice

(a) If a motor vehicle repair facility determines that a motor vehicle subject to the provisions of this subchapter is incapable of being operated safely or of being put in safe operational condition, except at a cost in excess of the value thereof, the motor vehicle repair facility may apply to the Commission for issuance of a junk title certificate.

(b) In applying for issuance of a junk title certificate, an authorized representative of the motor repair facility shall certify to the Commission, on a form prescribed by the Chief Administrator, that the motor vehicle is incapable of being operated safely or of being put in safe operational condition, except at a cost in excess of the value thereof.

(c) No junk title certificate shall be issued unless the motor vehicle repair facility first gives 30 days notice of its intention to obtain a junk title certificate to the owner of the motor vehicle or other person having a legal right thereto and to the holder of any security interest in the motor vehicle. The notice required by this section shall be sent to the owner or other person having a legal right thereto and the holder of any security interest in the motor vehicle as determined by a search of the records of the Commission using forms to be supplied by the Commission, accompanied by the fee specified by the Commission for the search.

1. If there is no record of ownership of the motor vehicle on file with the Commission, the notice shall be sent to the owner or other person having a legal right thereto and the holder of any security interest in the motor vehicle as determined by the title and lien search performed as follows: the motor vehicle repair facility shall either obtain a title search through the National Motor Vehicle Title Information System (NMVTIS) or obtain a title and lien search from each of the following states: New York, Delaware, Pennsylvania, Connecticut, and Maryland. If a search using NMVTIS results in a record of ownership of the motor vehicle, the motor vehicle repair facility or authorized representative shall contact the state in which the motor vehicle was last titled to verify the owner and any holder of a security interest in the motor vehicle. If a NMVTIS search does not result in a record of ownership of the motor vehicle, the motor vehicle repair facility or authorized representative shall obtain a lien search from each of the following states: New York, Delaware, Pennsylvania, Connecticut, and Maryland.

2. Proof of ownership and the identity of any holder of a security interest required to be notified in accordance with this subchapter, must be certified and issued by the state in which the motor vehicle was last titled. Third-party searches are not acceptable as proof of ownership or as proof of liens.

3. If the Commission has reason to believe that the vehicle may have been titled, registered, or primarily operated in, or registered in, another state, the Commission may also require a motor vehicle repair facility to perform a title and lien search in any state where the abandoned motor vehicle is titled, registered, or primarily operated in, and submit the title and lien search results to the Commission.

(d) Application for a junk title certificate shall be made on a form prescribed by the Chief Administrator and shall include a copy of the notice and proof of mailing, proof that the notice was unclaimed by the addressee, or a certification that the address of the person to whom the notice is to be given is unknown, and cannot be ascertained from the title and lien searches conducted pursuant to this subchapter, and a certified affidavit of newspaper publication. (See N.J.A.C. 13:21-11A.7.)

(e) A fee specified by the Commission shall accompany the application for issuance of a junk title certificate.

N.J. Admin. Code § 13:21-11A.6

Adopted by 53 N.J.R. 1012(a), effective 6/7/2021