2022 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:10-41 - Power of attorney documents acknowledged, electronic signature.
39:10-41 Power of attorney documents acknowledged, electronic signature.
6. a. Notwithstanding any provision of law or regulation to the contrary, during a motor vehicle transaction conducted by a licensee authorized to conduct online sales pursuant to section 3 of P.L.2021, c.462 (C.39:10-19.5), the buyer and authorized licensee may execute and acknowledge power of attorney documents by electronic signature.
b. When executing power of attorney documents pursuant to this section, an electronic signature shall be attributable to a person if it is the action of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic signature is attributable.
c. The effect of an electronic signature attributed to a person under subsection b. of this section shall be determined from the context and surrounding circumstances at the time of the creation, execution, or adoption of the electronic signature, including the parties' agreement, if any, and as otherwise provided by law.
d. Electronic signatures permitted under this section shall be executed in accordance with the minimum security requirements set forth by the National Highway Traffic Safety Administration under 49 C.F.R. s.580.1 et seq. for Assurance Level 2.
e. Nothing in sections 4 through 7 of P.L.2021, c.462 (C.39:10-39 through C.39:10-42) shall mandate the use of electronic signatures or require buyers and authorized licensees to provide electronic signatures on power of attorney documents. An electronic signature shall be a valid and acceptable alternative to a traditional ink signature for the purposes of executing power of attorney documents executed in accordance with this section.
f. The Chief Administrator of the New Jersey Motor Vehicle Commission shall not reject power of attorney documents submitted by a licensee in accordance with this section on the basis that such documents bear electronic signatures. Nothing in this section shall permit the electronic execution of any documents for the purpose of mileage disclosure subject to R.S.39:10-9 or the federal Truth in Mileage Act of 1986, Pub.L.99-579 (49 U.S.C. s.32705) unless authorized by the chief administrator by regulations adopted pursuant to section 8 of P.L.2021, c.462 (C.39:10-4.1).
L.2021, c.462, s.6.
