Legal Question in Civil Litigation in New Jersey

What is the NJ law regarding parking my un-inspected vehicle in my private driveway of my owned home?

I have a 1998 Mustang GT Convertible that I have not driven in two years. The car is in excellent condition, But will probably need some exhaust work before I put it back on the road. The car is registered in NJ currently. The car is also fully insured. Neither have ever lapsed. I move the car a few feet a day to avoid getting flat spots on my tires, and also wash and wax the car bi monthly. It can in no way be mistaken as abandoned or junk. I drive my other car daily, which is inspected, insured, and registered. Today the Oradell, NJ, Police told me I would be fined for an uninspected vehicle if the car remains on my driveway. Do I have a right to keep my car in my driveway uninspected if I am not using it on public roads? Advice will be greatly appreciated. Thank you.


Asked on 6/01/11, 6:59 pm

1 Answer from Attorneys

Robert Davies The Davies Law Firm, P.A.

I just took a quick look and it seems like you will need an emissions inspection:

http://www.state.nj.us/mvc/pdf/Inspections/FAQinspection.pdf

on who needs to inspect, etc., the statute says: N.J.S.A. 39:8-1 a:

Every motor vehicle registered in this State which is used over any public road, street, or highway or any public or quasi-public property in this State, and every vehicle subject to enhanced inspection and maintenance programs pursuant to 40 C.F.R. s.51.356, except motorcycles, historic motor vehicles registered as such, collector motor vehicles designated as such pursuant to this subsection, and those vehicles over 8,500 pounds gross weight that are under the inspection jurisdiction of the commission pursuant to Titles 27 and 48 of the Revised Statutes, shall be inspected by designated inspectors or at official inspection facilities to be designated by the commission or at licensed private inspection facilities. Passenger automobiles registered in accordance with R.S.39:3-4 or R.S.39:3-27 and noncommercial trucks registered in accordance with section 2 of P.L.1968, c.439 (C.39:3-8.1) or R.S.39:3-27 inspected pursuant to this section shall only be inspected for emissions and emission-related items such as emission control equipment and on-board diagnostics. The commission shall adopt rules and regulations establishing a procedure for the designation of motor vehicles as collector motor vehicles, which designation shall include consideration by the commission of one or more of the following factors: the age of the vehicle, the number of such vehicles originally manufactured, the number of such vehicles that are currently in use, the total number of miles the vehicle has been driven, the number of miles the vehicle has been driven during the previous year or other period of time determined by the commission, and whether the vehicle has a collector classification for insurance purposes.

this is not a complete answer, just a quick look at the statute. call me, and I will look into this for you. the Oradell police may be completely wrong on this.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.

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Answered on 6/01/11, 7:25 pm


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