Kane v. New Jersey

Background

A New York resident driving through New Jersey was arrested for using New Jersey public highways without registering his car there and without filing a document naming the Secretary of State as his in-state agent for service of process. He was licensed as a driver in both New York and New Jersey and his car was registered in New York. The New Jersey statute required annual registration and driver licenses, set fees by engine horsepower, and directed excess revenues toward repairing improved roads. He was fined five dollars, and state courts affirmed his conviction before the case reached this Court.

Reasoning

The central question was whether New Jersey’s requirements violated federal law governing interstate commerce or the Fourteenth Amendment. The Court relied on its prior view that States may regulate motor vehicle use on their highways, including nonresidents, to protect public safety and to collect reasonable compensation for special facilities. The Court found the in-state agent requirement useful for enforcing civil and criminal liabilities and not unduly burdensome. It also held the fees and the use of excess receipts for road maintenance were within the State’s discretion and did not discriminate unlawfully against nonresidents. The conviction was therefore affirmed.

Real world impact

Nonresident drivers who use New Jersey roads must follow the State’s registration and licensing rules, pay the prescribed annual fees based on horsepower, and may need to appoint an in-state agent to face legal process. The ruling upholds a State’s ability to tie vehicle fees to highway maintenance funding and to impose penalties for noncompliance.

Dissents or concurrances

Justice Pitney did not take part in the consideration or decision of this case.