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Code · New Jersey · Title 39 — Food and Drugs · Chapter 3

39:3-4g Open recall notice, recall database, New Jersey Motor Vehicle Commission.

466 words·~2 min read·/nj/title-39/chapter-3/39-3-4g·

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5. a. As used in this section, “chief administrator,” “commission,” “manufacturer,” “new motor vehicle dealer,” “open recall,” and “recall” have the same meaning as those terms are defined in section 2 of P.L.2025, c.140 (C.56:10-33).
b. When issuing a motor vehicle registration or registration renewal notice, the commission shall also issue an open recall notice to inform a motor vehicle owner that the National Highway Traffic Safety Administration maintains a recall database through which motor vehicle owners can determine whether a motor vehicle is subject to an open recall. The open recall notice shall also include:
(1)a link to the Internet website through which a motor vehicle owner can access the National Highway Traffic Safety Administration’s recall database; and
(2)a statement indicating that each open recall may be repaired by a new motor vehicle dealer approved by the manufacturer of the motor vehicle at no cost to the owner of the motor vehicle, except as provided pursuant to 49 U.S.C. s.30120.
c.
(1)The commission may apply for any funding that may be available to defray the costs to implement the provisions of this section, which may include, but shall not be limited to, federal grants.
(2)A manufacturer that conducts business in the State shall assist the commission with its application for any funding that may be available to defray the costs of implementing the provisions of this section, as provided in paragraph
(1)of this subsection.
d. In the event that any funding sources acquired pursuant to subsection c. of this section do not cover the commission’s costs to implement the provisions of this section, the chief administrator may require each manufacturer that conducts business in the State to pay a fee to the commission, except that the total fees collected shall not exceed the actual costs incurred by the commission each year to implement the provisions of this section. The amount of the fee shall be determined by the chief administrator each year based on documentation of the actual costs incurred by the commission to implement the provisions of this section, which documentation shall be published annually on the commission’s Internet website and provided directly to each manufacturer that conducts business in the State.
e. The commission may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations that are necessary to implement this section, which rules and regulations may include enforcement and penalty provisions for violations.
f. Nothing in this section shall alter the liability under common law of a manufacturer or a new motor vehicle dealer approved by the manufacturer to repair an open recall.
g. The commission shall not be liable to any person for any act or omission related to the open recall notice provided pursuant to this section.
L.2025, c.140, s.5.
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