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State v. Greentree Transportation Co.

Decided: April 19, 1988.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
GREENTREE TRANSPORTATION CO., DEFENDANT-APPELLANT



On appeal from the Superior Court of New Jersey, Law Division, Cape May County.

O'Brien and Stern. The opinion of the court was delivered by Stern, J.A.D.

Stern

Defendant was convicted in the Municipal Court of Upper Township of violating N.J.S.A. 39:3-15 and was sentenced to pay a fine of $687.50 and $15.00 in costs. Defendant was again convicted on trial de novo in the Law Division where the same sentence was imposed. N.J.S.A. 39:3-15 provides, in part, that:

A nonresident owner of any motor vehicle or motor-drawn vehicle which has been registered in accordance with the laws respecting the registration of motor vehicles of the jurisdiction in which the nonresident resides, and which has conspicuously displayed thereon the registration number thereof, may, without complying with the provisions of this subtitle with respect to registration and equipment, operate or permit the operation of such vehicle in this State during such portion of the entire year as the free operation of a similar type of vehicle belonging to a resident of this State and registered in compliance with the laws of this State, and whose registration number is conspicuously displayed thereon, is permitted in the jurisdiction of the nonresident; provided that such vehicle is not:

(a) Used for the transportation of persons for hire, compensation or profit, or

(b) Regularly operated in carrying on business within this State,

(c) Designed, used or maintained primarily for the transportation of property.

The foregoing shall not apply to a vehicle leased by an owner engaged in the business of leasing such vehicles.

Except as otherwise provided by reciprocity agreement or arrangement entered into by the director, or by a declaration issued by him, the privilege of operation in this State of motor vehicles or motor-drawn vehicles belonging to nonresidents extended by this act shall not permit the intrastate operation of any truck, road tractor, truck tractor or trailer and semitrailer of the commercial type, except that a trailer or semitrailer duly registered in another jurisdiction is extended the privilege of intrastate operation when being drawn by a truck, road tractor, or truck tractor registered in accordance with the provisions of Revised Statutes 39:3-20 and provided that the gross weight of the combination of vehicles, including load, does not exceed the maximum weight allowed by the registration certificate of the drawing vehicle registered in this State. The owner or driver of any vehicle used in intrastate operations not permitted by this section shall be subject to fine in accordance with the following schedule:

[Schedule omitted].

Defendant appeals and ...


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