Bill Text: NJ A1165 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides that only licensed locksmiths may program motor vehicle transponder keys.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Regulated Professions Committee [A1165 Detail]
Download: New_Jersey-2010-A1165-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman DAVID P. RIBLE
District 11 (Monmouth)
SYNOPSIS
Provides that only licensed locksmiths may program motor vehicle transponder keys.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning motor vehicle transponder keys and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. It shall be unlawful for a person to possess, purchase or otherwise obtain any device or programming diagnostic tool the purpose of which is to program a motor vehicle transponder key unless that person is a duly licensed locksmith in this State.
b. It shall be unlawful for a person to perform any of the following services with a device or tool prohibited under subsection a. of this section unless that person is a duly licensed locksmith in this State:
(1) clone a motor vehicle transponder key;
(2) interrogate or repair a motor vehicle transponder-based engine immobilizer antitheft system; or
(3) program or delete a motor vehicle transponder key from a vehicle that is equipped with a factory installed transponder-based engine immobilizer antitheft system.
For the purposes of this subsection, "interrogate" means to send out a signal to produce an appropriate response.
c. Subsections a. and b. of this section shall not apply to motor vehicle factory direct dealerships and their employees, while in the performance of their duties.
d. A locksmith or motor vehicle factory direct dealership shall obtain from the person requesting a service set forth in subsection b. of this section appropriate identification, which shall include a photograph, and proof of ownership, which shall include, but not be limited to, one of the following:
(1) valid motor vehicle registration certificate;
(2) valid insurance card;
(3) valid insurance policy; or
(4) certificate of ownership.
The locksmith or motor vehicle factory direct dealership shall maintain a log or diary record of the identification and proof of ownership required under this subsection for at least five years.
e. Nothing in this act shall be construed to deny a lessor or lien holder lawful access to a motor vehicle.
f. A fine of $2,000 shall be imposed upon a person who violates subsections a. or b. of this act. A fine of $1,000 shall be imposed upon a person who does not comply with the provisions of subsection d. of this act.
2. This act shall take effect on the first day of the fourth month after enactment.
STATEMENT
This bill makes it a illegal for persons other than State-licensed locksmiths to possess, purchase or otherwise obtain any device or programming diagnostic tool if the purpose of the device or tool is to program a motor vehicle transponder key. A person who violates this provision of the bill would be fined $2,000.
The bill also prohibits persons other than locksmiths to perform any of the following services with such a device or tool: (1) clone a transponder key; (2) interrogate or repair a motor vehicle transponder-based engine immobilizer antitheft system; or (3) program or delete a motor vehicle transponder key from a vehicle that is equipped with a factory installed transponder-based engine immobilizer antitheft system. A person who violates this provision also would be fined $2,000.
Motor vehicle factory direct dealerships and their employees, while in the performance of their duties, are exempt from the bill's provisions.
Also under the bill, locksmiths and motor vehicle factory direct dealerships are required to obtain from the person requesting any of the enumerated transponder-related services picture identification and proof of ownership, such as a valid motor vehicle registration certificate, valid insurance card, valid insurance policy, or certificate of ownership. A log or diary record of these documents would have to be maintained for at least five years. A violation of this record-keeping requirement would be punishable by a fine of $1,000.
