SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-1325-99T3
STATE OF NEW JERSEY,
Plaintiff-Respondent,
v.
JENNIFER HAYDUCKA,
Defendant-Appellant.
___________________________________
Submitted: October 31, 2000 - Decided:
February 15, 2001
Before Judges Stern, A. A. Rodríguez and Fall.
On appeal from the Superior Court of New
Jersey, Law Division, Essex County, MA-99-038.
Sills, Cummis, Radin, Tischman, Epstein &
Gross, attorneys for appellant (Richard J.
Sapinski, on the briefs).
Donald C. Campolo, Assistant Attorney
General/Acting Essex County Prosecutor (Gary
A. Thomas, Special Deputy Attorney General, on
the brief).
The opinion of the court was delivered by:
RODRÍGUEZ, A. A., J.A.D.
The issue presented in this appeal is whether the owner of a
motor vehicle can be convicted of violating N.J.S.A. 39:6B-2
(causing a motor vehicle to be operated upon a public road or
highway without liability insurance), when such owner has given the
keys to a third party with the instruction that the motor vehicle
be operated only within a driveway on private property and only for
the purpose of letting other vehicles in or out of the driveway.
We hold that such conduct constitutes a violation, even in light of
the conditional permission to operate the vehicle.
These are the facts. Around September 1998, defendant,
Jennifer Hayducka, owned two automobiles. She intended to sell one
of them, a Mercury Cougar. She decided to park the Cougar in a
two-lane driveway at her mother's home while she tried to sell it.
At that time, defendant was residing at a different location. She
left the Cougar's keys at her mother's home in case the car needed
to be moved from one side of the driveway to the other. Defendant
testified that she did not give her mother permission to use the
Cougar for any other purpose.
In late October 1998, defendant let the liability insurance
coverage on the Cougar lapse because she was not using the car.
She did not expect her mother to use the Cougar, therefore, she did
not advise her that the insurance had lapsed. On November 5, 1998,
defendant's mother needed to pick up a prescription. Because the
family automobile was being repaired, she used the Cougar to drive
to the pharmacy. She did not ask for defendant's permission. On
her way home from the pharmacy, defendant's mother was involved in
a collision with another motorist.
As a result of the collision, complaints were filed against
defendant's mother for driving an uninsured vehicle, and against
defendant for causing an uninsured vehicle to be operated upon a
public road, contrary to N.J.S.A. 39:6B-2. Defendant was convicted
in the Municipal Court of Bloomfield and again after a trial de
novo in the Law Division. In the municipal court and the Law
Division, she was sentenced to pay a $300 fine and $30 in court
costs. Her driving privilege was also suspended for one year. The
judgment was stayed pending appeal.
On appeal, defendant contends that there was insufficient
evidence to sustain a finding of guilt against her. She argues
that there was no evidence indicating that she either intended or
expected the Cougar to be operated on a public road. Therefore,
she argues that the State has failed to establish a required
element of the offense. We disagree.
In pertinent part, N.J.S.A. 39:6B-2 provides:
Penalties for failure to carry motor vehicle
insurance coverage
Any owner or registrant of a motor
vehicle registered or principally garaged in
this State who operates or causes to be
operated a motor vehicle upon any public road
or highway in this State without motor vehicle
liability insurance coverage required by this
act, and any operator who operates or causes a
motor vehicle to be operated and who knows or
should know from the attendant circumstances
that the motor vehicle is without motor
vehicle liability insurance coverage required
by this act shall be subject, for the first
offense, to a fine of not less than $300 nor
more than $1,000 and a period of community
service to be determined by the court, and
shall forthwith forfeit his right to operate a
motor vehicle over the highways of this State
for a period of one year from the date of
conviction. . . . A complaint for violation
of this act may be made to a municipal court
at any time within six months after the date
of the alleged offense.
[N.J.S.A. 39:6B-2 (emphasis added).]
Here, defendant admits that she decided to let the Cougar's
liability insurance lapse. She also admits that she gave the keys
of the Cougar to her mother with the intention that the motor
vehicle be operated. She asserts, however, that her permission to
operate the Cougar was conditioned by a limitation (operation only
within the two-lane driveway and only on a "need" basis). For
purposes of our analysis, we will assume that it was necessary to
move the Cougar within the driveway area to let other vehicles
enter and exit. We will also assume that it was possible to
accomplish this without ever having to back onto the public road.
Under such circumstances, defendant has nevertheless violated the
elements of N.J.S.A. 39:6B-2.
Defendant's argument focuses on the issue of authority or
permission to drive the Cougar. However, N.J.S.A. 39:6B-2
proscribes causing, not authorizing, operation of an uninsured
motor vehicle on public roads.
In construing a statute, "[w]e are required to 'effectuate the
legislative intent in light of the language used and the objects
sought to be achieved.'" Wendling v. N.J. Racing Comm'n,
279 N.J.
Super. 477, 482 (App. Div. 1995) (citing State v. Maguire,
84 N.J. 508, 514 (1980)). Courts must give effect to the language employed
by the legislative body. Dixon v. Gassert,
26 N.J. 1, 9 (1958).
We now look to the language of the statute to ascertain its
plain meaning. See Town of Morristown v. Woman's Club, 124 N.J.
605, 610 (1991). The verb "to cause" has been defined as "to
effect as an agent, to bring about." Webster's Unabridged New
International Dictionary 427 (2d ed. 1947). Words synonymous with
"to cause" include "produce, occasion, originate, induce." Ibid.
From these definitions, we conclude that the meaning of the phrase
"causes to operate" is, therefore, much broader than "authorizes to
operate." The statutory term is akin to the concept of proximate
cause, which has frequently been defined in our jurisprudence as
"any cause which in the natural and continuous sequence, unbroken
by an efficient intervening cause, produces the result complained
of and without which the result would not have occurred." Gaido v.
Weiser,
115 N.J. 310, 313 (1989).
The conclusion that the Legislature intended N.J.S.A. 39:6B-2
to have such a meaning is supported by the statute's objective.
The obvious purpose and intent of N.J.S.A. 39:6B-2 is to keep
uninsured vehicles off the road for the protection of the public
who may be injured or damaged by their operation. State v. Schumm,
146 N.J. Super. 30, 34 (App. Div. 1977), aff'd,
75 N.J. 199 (1978).
Thus, the statute penalizes all those responsible for creating a
situation where the statutory protection given to the public is
denied to them. Ibid.
Here, it is clear that defendant caused the Cougar to be
operated by giving possession of the vehicle and its ignition key
to her mother. The interpretation urged by defendant would exclude
from the legislative blanket of responsibility one who has caused
another to operate an uninsured vehicle, albeit under certain
limitations. Such frustration of the legislative purposes is
unacceptable. Id. at 35.
We affirm the conviction.
Affirmed.