New Jersey Section 2C:40-23 – Production, delivery of ignition key, documentation required

New Jersey Law Requires Proper Documentation for Ignition Key Production

New Jersey has a specific law, Section 2C:40-23, that regulates the production and delivery of ignition keys and other devices designed to start a motor vehicle. This law was enacted to prevent unauthorized persons from obtaining ignition keys that could be used to steal cars.

Overview of the Law

The law states that no person shall produce and deliver an ignition key or starting device for a motor vehicle without obtaining proper documentation. This applies to locksmiths, dealerships, mechanics, and anyone else who makes duplicate keys or provides replacement keys.

There are two requirements under 2C:40-23:

1. Photo ID of the person requesting the key: The person requesting the key must provide valid photo identification, such as a driver’s license, passport, or state ID card. The ID must have a photograph of the person requesting the key.
2. Documentation proving ownership/authority: The person requesting the key must also provide documentation showing they own the vehicle or have authority to access it. This could include the vehicle’s title, registration, rental agreement, insurance card, etc.

If these two requirements are not met, it is illegal to produce and deliver the ignition key. Violating this law is a disorderly persons offense subject to a fine of up to $1,000 and up to 6 months imprisonment[1].

Purpose of the Law

This law was enacted to deter auto theft and protect owners from unauthorized entry into their vehicles. Without proper ID and documentation, there is no way to verify if the person requesting a key actually owns or has rights to that vehicle. The photo ID component proves identity, while the documentation establishes ownership/authority.

According to the New Jersey Legislature, the law provides an “effective means of reducing auto theft by preventing unauthorized access and duplication of ignition keys”[2]. It prevents situations where thieves could easily get duplicate keys made without any proof of ownership.

How Locksmiths and Dealers Comply

For locksmiths, dealerships, and other key producers, complying with 2C:40-23 means taking a few simple steps when duplicating keys[3]:

• Ask to visually inspect and photocopy the requester’s valid photo ID
• Ask to see documentation proving ownership/authority over the vehicle
• Verify the documentation matches the vehicle in question
• Keep photocopies of the ID and documents for record-keeping

If these steps are followed each time a key is produced, locksmiths and dealers can avoid violating the law. Many states have similar statutes to prevent unauthorized key duplication.

Exemptions Under the Law

There are a few exemptions where 2C:40-23 does not apply[4]:

• Key production for on-site employees: The law exempts keys made for employees who work at the dealership/shop where keys are produced.
• Key production for certain businesses: The law does not apply to keys made for vehicles owned by registered auto manufacturers, dealers, repair shops, towing companies, parking facilities, etc.
• Replacement keys for rental vehicles: Rental car companies can produce keys for their own vehicles without documentation from renters.
• Key production for police/government: Keys can be made for government and law enforcement vehicles without civilian documentation.
• Emergency exceptions: In an emergency, locksmiths can make exceptions if it’s impractical to obtain documentation.

Outside of these exemptions, documentation is required under 2C:40-23.

What About Car Owners?

While aimed at key producers, 2C:40-23 also impacts individual car owners in New Jersey:

• Have documentation ready: Owners should keep vehicle documentation readily available in case they need a replacement key made. This could include a title, registration, insurance card, etc.
• Review shop policies: Owners should review the specific ID and documentation policies of local locksmiths and dealerships. Many shops post signs or include their 2C:40-23 compliance policy on their website.
• Report unauthorized keys: If you believe someone has obtained an unauthorized key for your vehicle, report it to law enforcement. This could be prosecuted under 2C:40-23.
• Consider added security: As an extra theft deterrent, owners may want to consider installing lock boxes, kill switches, GPS trackers, or other anti-theft devices.

Responsible key producers will follow the law and refuse service if proper documentation is not provided. But owners play a role in preventing auto theft too.

The Controversy and Criticisms

While aimed at reducing auto theft, Section 2C:40-23 has been criticized by some[5]:

• Inconvenient for owners: The documentation requirements can be burdensome for owners who lose their only key and are unable to provide proof of ownership. This may leave them stranded without transportation.
• Hurts independent locksmiths: Small locksmith shops claim the law unfairly burdens their business with paperwork and record-keeping requirements. Some cannot afford photocopiers/scanners to comply.
• Inconsistent enforcement: There is criticism that the law is sporadically enforced, allowing some shops to skirt the rules while penalizing others.
• No proof it works: Some argue there is no evidence that 2C:40-23 has directly reduced auto theft rates in New Jersey since being enacted.
• Potential for profiling: Critics say that shops may selectively enforce the law more strictly on certain racial groups or ethnicities when producing keys.

While the law aims to make things harder for thieves, it also creates new hurdles for owners and locksmiths. There are good-faith arguments on both sides of this issue.

Final Thoughts

At its core, Section 2C:40-23 was enacted to deter auto theft through responsible key production. While critics argue the law is flawed or unnecessary, it remains the current standard in New Jersey.

For now, both key producers and vehicle owners should understand the requirements, comply with the law, and voice any concerns through the proper legislative channels. The state legislature could revisit and amend the statute if there are viable improvements to be made.

But if you find yourself needing a replacement key in New Jersey, be sure to bring valid photo ID and documentation to avoid any issues. Know the law and follow the proper protocol to stay on the right side of 2C:40-23.