NJ Abandonment of a Motor Vehicle Under N.J.S.A. 39:4-56.5 Lawyers

NJ Abandonment of a Motor Vehicle Law

Dealing with an abandoned car on your property can be a real headache. As a New Jersey resident, you have rights and options when it comes to getting unwanted vehicles removed from your land. This article will break down the ins and outs of New Jersey’s laws on abandoned cars so you can take action to reclaim your property.

What Counts as an Abandoned Car in NJ?

Under New Jersey statute 39:4-56.5, a car is considered abandoned if it’s left on public or private property without the consent of the owner for over 48 hours. Vehicles left on the roadside for over 48 hours are also considered abandoned. Basically, if a car sits on your property for more than two days without your permission, it’s abandoned according to the law.

Abandoned cars can be a real nuisance. They take up space, look unsightly, and can even invite criminal activity. As a property owner, you want to get these vehicles off your land as quickly as possible. Thankfully, New Jersey law provides a process for doing just that.

Removing an Abandoned Car from Private Property

If an abandoned vehicle is on your private property, like a parking lot or driveway, here are the steps you need to take:

• Call the police. Report the abandoned vehicle and request that an officer come inspect it. The officer will mark down the VIN, license plate info, and condition of the car.
• Fill out an “Abandoned Vehicle Notice” form. This documents your intent to remove the vehicle if not claimed. Include the info the officer recorded.
• Send a copy of the notice to the owner, lienholder, and police department. Consult the NJ MVC for owner info if needed.
• Wait 90 days. If the vehicle isn’t claimed after 90 days, you can dispose of it as you see fit.

This 90 day waiting period can feel like forever when you’ve got an unwanted car on your hands! But following the proper legal process prevents you from getting in trouble for improperly disposing of someone else’s property later on down the road.

Removing an Abandoned Car from a Public Road

The process is slightly different if the abandoned car is on a public street instead of private property:

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• Call the police just like with a private property abandonment.
• The police will arrange to have the vehicle towed if it’s on a public road or highway.
• The car will be kept in an impound lot for at least 10 days while officials try to identify and contact the owner.
• If the owner can’t be identified or fails to claim the vehicle, it can be sold at auction.

So in the case of public abandonment, the local police department handles the actual removal instead of the property owner. But the result is the same – the unwanted vehicle is removed after a waiting period.

Penalties for Illegally Abandoning a Car

While property owners have to follow a process for removing abandoned cars, the previous owners can face penalties for illegally dumping their vehicles in the first place. Under New Jersey law, it’s a criminal offense to abandon a motor vehicle.

Potential penalties include:

• Fines up to $1000
• Up to 90 days in jail
• 5 years license suspension
• 30 days community service

Judges can assign any or all of these penalties at their discretion. Fines and license suspensions are common sentences for a first offense. Repeat offenders may face the maximum jail time and suspension period.

So if you’re thinking about abandoning your car instead of properly disposing of it, keep in mind you could end up with heavy fines and lose your driving privileges for years!

Defenses Against Abandonment Charges

What if you’re accused of abandoning your car but you feel there’s a good reason why you left it? There are a few defenses you can raise against abandonment charges in New Jersey:

• Temporary parking: If you can prove you intended to move the vehicle soon and weren’t abandoning it long-term, you may avoid penalties.
• Mechanical issues: Breaking down and not being able to move your car doesn’t constitute abandonment.
• Emergency: Leaving your car due to a medical emergency or similar situation is understandable.

An experienced New Jersey traffic lawyer can help you determine if any of these defenses apply to your specific situation. Don’t just plead guilty if you have a compelling reason why you left your car.

Abandoned Cars on Rental Property

As a New Jersey landlord, you may have to deal with abandoned vehicles left on your rental property. Tenants sometimes leave cars behind when they move out or stop paying rent. This guide can help landlords handle abandoned cars properly:

• Inspect the rental unit shortly after a tenant moves out or stops paying. Document any vehicles left behind.
• Send a notice to the tenant informing them you plan to dispose of the abandoned property in 30 days if not claimed.
• Consult a landlord-tenant attorney. There may be ways to recoup costs from the tenant.
• Follow the removal process outlined earlier in this article.

Dealing with tenant property, including vehicles, can be tricky for landlords. Working with an attorney experienced in New Jersey landlord-tenant law can make the process much smoother.

Junkyards and Towing Abandoned Vehicles

In some cases, property owners choose to have an abandoned vehicle immediately towed away and disposed of at a junkyard. While convenient, this shortcut process doesn’t follow New Jersey’s abandoned car law. Even if the vehicle is in poor shape, you still have to go through proper notice procedures.

Junkyards also have rules they must follow when accepting abandoned vehicles. They can’t just immediately scrap any car brought to them. Proper ownership documentation must be presented or they risk facing criminal charges.

Towing companies must also be cautious with removing abandoned cars at the request of property owners. They can be prosecuted for towing vehicles without following regulations.

Abandoned Car Prevention

While the abandoned car removal process aims to alleviate the issue, prevention is the best medicine. Some tips for keeping unwanted vehicles off your property include:

• Installing fencing, gates, or barriers to limit access
• Posting clear signage that unauthorized vehicles will be towed
• Maintaining visibility and lighting to deter abandonment
• Working with local police on patrols and community monitoring

Stopping vehicles from being abandoned in the first place saves property owners headaches down the road. But if an unwanted car does show up, following New Jersey’s removal process properly protects you legally.

The Bottom Line

Dealing with abandoned cars is never fun. But if you find yourself with an unwanted vehicle on your property, don’t take matters into your own hands. Follow New Jersey’s laws and procedures for removing abandoned vehicles to avoid potential penalties. With some patience and diligence, you’ll reclaim your property while staying on the right side of the law.

Sources:

[1] https://www.lslawyers.com/abandoning-vehicle.html

[2] https://www.marainlaw.com/page.php?here=abandoned

[3] https://www.newjerseycriminallawattorney.com/traffic-offenses/license-suspension-revocation/abandonment-of-a-motor-vehicle/

[4] https://www.state.nj.us/mvc/vehicletopics/abandoned.htm

[5] https://bergencountyfirm.net/landlord-rights-and-abandoned-vehicles/

[6] https://www.newjerseyrealestateattorneyblog.com/new-jersey-landlord-tenant-special-rules-disposing-abandoned-motor-vehicles/