What are Motor Vehicle Surcharges?

Surcharges are mandatory civil penalties imposed by the State of New Jersey, Motor Vehicle Commission (NJ MVC) upon drivers whose driving record includes certain driving offenses and point accumulations (N.J.S.A. 17:29A-35, N.J.A.C. 13:19-12.1 to 13:19-12.12 and 13:19-13.1 to 13:19-13.3). Surcharges are separate fees in addition to court imposed fines or premiums that are assessed by car insurance companies.

New Jersey surcharges were created in 1984 (L.1983, c.65, s.6). Surcharges are sometimes referred to as "insurance surcharges" because the program was originally called the Motor Vehicle Insurance Surcharge, but was renamed the New Jersey Surcharge Violation System (NJ SVS) in 2010 (R.2010 d.277). The NJ SVS was created to help subsidize insurance bonds for drivers who could not afford car insurance. However, under a law that was passed in 2020, the NJ SVS is expected to be eliminated by January 1, 2035 (PL 2019, c. 301; N.J.S.A. 52:9S-3.1 et al.). The reason for the gradual and delayed elimination of the NJ SVS is to allow for the State to repay its outstanding debt obligations, which were funded by the program's surcharge revenues. New Jersey is not the only state to have a surcharge program. For example, the State of New York, Department of Motor Vehicles (NY DMV) names the civil penalty surcharge fee the Driver Responsibility Assessment (DRA).

Conviction based surcharges are imposed by the NJ MVC through the NJ SVS for convictions associated with certain motor vehicle offenses, such as DUI-DWI, Refusal to Submit to Breath Test, Driving With a Suspended License, Driving Without Insurance, and Driving Without a Valid Driver's License (N.J.S.A. 17:29A-35 and N.J.A.C. 13:19-13.1). These surcharges are billed each year for three years regardless of whether the offense occurred in New Jersey or another state. The surcharge for DUI-DWI (N.J.S.A. 39:4-50) and/or Refusal to Submit to Breath Test (N.J.S.A. 39:4-50.4a, N.J.S.A. 39:4-50.2) is $1,000.00 a year for three years for first and second violations. However, a surcharge of $1,500.00 for three years is imposed for third or subsequent violations that occur within three years of the first violation. The surcharge for Driving While Suspended offenses (N.J.S.A. 39:3-40, 39:3-40i) is $250.00 per year for three years. The surcharge for No Insurance offenses (N.J.S.A. 39:6B-2) is $250.00 per year for three years. The surcharge for Unlicensed Driver and/or Expired License offenses (N.J.S.A. 39:3-10b, 39:3-10a) is $100.00 per year for three years.

Point based surcharges are assessed by the NJ MVC through the NJ SVS against any driver who, in the preceding three year period, has accumulated six or more motor vehicle penalty points (N.J.S.A. 17:29A-35).  The surcharge for six points is $150.00, plus $25.00 for each additional point.

The information above is a brief overview of the Motor Vehicle Violations Surcharge System. You should contact an experienced defense attorney who will explain all of your options and defenses based upon the specific circumstances of your case and work hard to reduce or avoid the potential negative consequences. All individuals accused of traffic offenses and other quasi-criminal offenses in New Jersey are entitled to the same constitutional protections as those accused of a serious felony crime, namely the right to be represented by an attorney, the right to remain silent, and the right to a speedy and fair trial where the State has the burden to prove each and every element of the offense beyond a reasonable doubt.