Interpretation ID: nht89-2.100

TYPE: Interpretation-NHTSA

DATE: September 18, 1989

FROM: Aggie Szilagyi -- Senior Counsel, New Jersey State Legislature, Office of Legislative Services

TO: Stephen P. Wood -- Acting Chief Counsel, NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 1-14-91 from Paul J. Rice to Aggie Szilagyi (A37; Part 541; CSA S 611)

TEXT:

On behalf of Senator Ronald L. Rice, sponsor of the enclosed legislation now pending in the New Jersey Legislature, I am writing to request an opinion on the issue of federal preemption specifically as it concerns the Motor Vehicle Theft Law Enforcement Act of 1984, Pub. L. No. 98-547, 15 U.S.C.A. S2021 et seq. and Senate Bill 3434 which would require certain new automobiles to be equipped with anti-theft devices beginning in 1992.

At the time the Senate Law, Public Safety and Defense Committee was considering Senate Bill 3434 back in March of this year, I spoke with Mr. Stanley Feldman of your offices concerning preemption under the Motor Vehicle Theft Law Enforcement Act. Mr. Fe ldman, after briefly reviewing the act, its legislative history, and the rules and regulations promulgated pursuant to it, indicated that the extent of the federal preemption and its affect on S3434 was not immediately clear and he was unable to find any NHTSA letter opinion rendering an interpretation on the matter. He went on to indicate that an opinion from NHTSA may be obtained by writing to you.

Thank you very much for your prompt consideration of this request. If you have any questions, please do not hesitate to contact me at (609) 984-0231.

Attachment

SENATE LAW, PUBLIC SAFETY AND DEFENSE COMMITTEE STATEMENT TO SENATE, No. 3434 with Senate committee amendments STATE OF NEW JERSEY DATED: MAY 22, 1989 The Senate Law, Public Safety and Defense Committee favorably reports Senate Bill No. 3434 with amendments.

As amended, this bill requires that beginning with the 1992 model year, a newly manufactured passenger automobile sold or leased in this State is to be equipped with a passive anti-theft device if the automobile is priced at or over the estimated median manufacturer's suggested retail price as set by the Division of Consumer Affairs. Newly manufactured passenger automobiles that are not equipped with such a device may not be registered

in this State.

A passive anti-theft device is defined as any device or system, approved by the Director of the Division of Motor Vehicles, which automatically causes an alarm or ignition cut-off to engage when the motor of a vehicle is turned off. The purpose of these devices is to reduce or deter vehicle thefts.

Any person who violates the prohibition against selling, offering to sell, or leasing a passenger automobile which is not equipped with an anti-theft device to an individual who is required to register that vehicle in this State is subject to a fine of n ot less than $200 or more than $500 per offense.

The committee amended the bill to limit the requirement in the bill to passenger automobiles priced at or over the estimated manufacturer's suggested retail price as set by the Division of Consumer Affairs for all passenger automobiles sold in this State .

The committee amended the bill at the sponsor's request to provide a maximum income tax credit of $100 for a passive anti-theft device installed in a motor vehicle made before model year 1992 and a maximum income tax credit of $500 for a signal-activated vehicle recovery system.

According to the most recent New Jersey Uniform Crime Report compiled by the Attorney General, 59,376 automobiles were stolen in 1987. Based on those statistics, there were more than 162 cars stolen every day (one automobile theft every 8.9 minutes). M otor vehicle theft is a serious problem in this State and the purpose of this bill is to address that problem.

(FIRST REPRINT) SENATE, No. 3434 STATE OF NEW JERSEY INTRODUCED APRIL 17 1989 By Senator RICE AN ACT requiring passive anti-theft devices on certain motor vehicles and Supplementing Title 39 of the Revised Statutes (l) and chapter 4 of Title 54A of the New Jersey Statutes (l).

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. a. No person shall sell, offer to sell or lease a passenger automobile manufactured for the 1992 model year or any model year thereafter (l) which is at or over the estimated median manufacturer's suggested retail price as set by the Division of Consu mer Affairs pursuant to section 2 of this act (1) to a purchaser or lessee who is required to register that passenger automobile in this State, unless it is equipped with a passive anti-theft device. A person violating the provisions of this section sha ll be liable to a fine of not less than $200 or more than

$500 per offense.

b. No Passenger automobile manufactured for the 1992 model year or for any model year thereafter (1) which is at or over the estimated median manufacturer's suggested retail price as set by Division of Consumer Affairs pursuant to section 2 of this act ( 1) shall be registered, as required under the provisions of R.S.39:3-4, unless it is equipped with a passive anti-theft device. For the purpose of this section, a passive anti-theft device means any device or system incorporated in the manufacture of a passenger automobile, or installed in a passenger automobile after original manufacture, which automatically activates upon turning off the motor of a vehicle and causes an alarm or ignition cut-off to engage. The device or system required shall be of a type approved by the Director of The Division of Motor Vehicles. (1) 2. A taxpayer who installs a passive anti-theft device as defined in section 1 of P.L.... c.... (C.............)(now pending before the Legislation as this bill) on a passenger automo bile manufactured prior to the 1992 model year which is not equipped

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(EXPLANATION--Matter enclosed in bold-faced brackets (thus) in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. Matter enclosed in superscript numerals has been adopted as follows: (1) Senate SLP committee amendments adopted May 22, 1989.)

before the Legislature as this bill) on a passenger automobile manufactured prior to the 1992 model year which is not equipped with such a device shall be entitled to a credit equal to the cost of the device or $100, whichever is less, against the tax ot herwise due on his New Jersey gross income for that tax year. The Director of the Division of Taxation shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C.52:14B-1 et seq.), to effectuate this ta x credit.

A taxpayer who installs a signal-activated vehicle recovery system on a passenger automobile which is not equipped with such a device shall be entitled to a credit equal to the cost of the device or $500, whichever is less, against the tax otherwise due on his New Jersey gross income for that tax year. As used in this section, a signal-activated vehicle recovery system means a small electronic unit installed in a vehicle that may be activated when the vehicle is reported stolen. When activated, the sy stem emits a signal which may be monitored by law enforcement officials to locate the vehicle. The Director of the Division of Taxation shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C.52:14B-1 et seq.), to effectuate this tax credit. (1)

(1) (2.) 3. (1) The Director of the Division of Motor Vehicles shall promulgate, pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c.410 (C.52:14B-1 et seq.) rules and regulations to establish the estimated median manufacturer' s suggested retail price

for all passenger automobiles with standard equipment sold in this State. The director shall promulgate regulations for the median manufacturer's suggested retail price for passenger automobiles for model year 1992 within six months after the effective date of this act. Adjustments to this median price shall be made as necessary and shall be made at least 18 months before the manufacture of passenger automobiles for any model year. (1)

(1) (3.) 4. (1) This act shall take effect immediately.