39A:6-L1. Definitions CHAPTER 6. LEARNER S AND EXAMINATION PERMITS Permit means both a special learner s permit and an examination permit unless otherwise specified. Supervising driver means a New Jersey licensed driver at least 21 licensed to drive a motor vehicle of the class operated by the permit holder for not less than three years. This term does not include a motor vehicle examiner administering a driving skills test. Source: 39:3-13. This section is new. In an effort to limit duplication and the repetitive use of various terms within a single section or chapter, the terms included above were defined so that the term, rather than the longer definition, could be used in the text of the statute. 39A:3-L2. Driving in New Jersey A person shall not operate a motor vehicle on a public highway in this State unless the person: a. Has a validated permit; b. Has a driver's license, or c. Is under supervision while participating in an approved New Jersey behind-thewheel driving course. Source: 39:3-10. This section is new. It contains pieces of the old 39:3-10. The licensing and registration sections of Title 39 are two of the sections that have been most heavily revised. In the existing Title 39, registration and licensing requirements are mixed together throughout approximately 120 sections of the statute and are no longer in any particular order. Provisions regarding Commercial Driver Licenses, touring privileges, tires and others are interspersed throughout the licensing and registration provisions. An effort was made in this draft chapter to reorganize the licensing provisions - consolidating them and putting them in an order. Since the current statute does not set forth the requirement of a license for driving in this State in clear direct terms, this section begins with that requirement for the sake of clarity. 39A:3-L3. Learner s and examination permits a. A permit is required for all individuals seeking a license to drive for the first time. A person may obtain a learner s permit or an examination permit, as appropriate. b. A learner s permit is authorization to operate a dual pedal controlled motor vehicle in the company, and under the control, of a teacher certified to instruct in an approved behind-the-wheel driving education course, a licensed drivers' school instructor, or a representative of the Commission while taking the driver s license examination. Title 39 - Memorandum July 11, 2005 - Page 1 of 17
c. The Commissioner may issue a learner s permit to a person at least 16 years old, which is valid until the holder s 17 th birthday or until the holder qualifies for a provisional license, whichever occurs first. d. A learner s permit shall be issued only if the applicant presents an application certified by the school principal, if enrolled in a behind-the-wheel driving education course, or by the operator of the driving school where the applicant received behind-thewheel driving instruction. A learner s permit issued to a person taking a behind-the-wheel driving course in a school shall be retained in the school principal s office except when the person is undergoing behind-the-wheel instruction. Upon successful completion of an approved written examination, eye examination and minimum six-hour behind-the-wheel driving course, the learner s permit shall be validated by the Commission and retained in the possession of the person to whom it was issued. The permittee and the teacher or instructor are accountable for all violations of Title 39 committed by the permittee in the presence of the teacher or instructor. e. An examination permit is authorization to operate a designated class of motor vehicle with a supervising driver. The Commissioner may issue an examination permit to a person over 17 to allow the person to operate and take the license examination regardless of completion of a behind-the-wheel driving course. The permit holder and the supervising driver are accountable for all violations of Title 39 committed by the permittee in the presence of the supervising driver. f. An examination permit issued to a person under 21 is valid for six months. An examination permit issued to a person over 21 is valid for three months. An examination permit issued to a disabled person is valid for nine months. g. Upon application, a permit period may be extended for up to 60 days, without payment of an added fee, if the holder applied to take the driver s license examination before the expiration of the original permit but the Commissioner was unable to schedule an examination during that period. Source: 39:3-13; 39:3-13.1; 39:3-13.2; 39:3-13.2a; 39:3-13.4. 39:3-10; 39:3-13.1; 39:3-41; 39:3-13; 39:3-13.2a; 39:3-13.4. This section contains a streamlined, consolidated description of the two available permits which was culled from a review of the existing sections. The permits are not described in this way in the existing statute, but it appears that a simple, summary explanation might be helpful. This section reorders and consolidates the information regarding permits found in various other sections of the statute. 39A:3-L4. Requirements for permits a. A person shall not be issued a learner s or examination permit until the person passes an approved written examination and complies with any other requirements imposed by law or regulation regarding vehicle operation. A person may not take the examination for a permit without acceptable photo identification unless that person is a high school student participating in an approved course of driving education. b. The written examination shall include a test of the applicant's vision, ability to understand traffic control devices, and knowledge of: Title 39 - Memorandum July 11, 2005 - Page 2 of 17
1. Safe driving practices; 2. The effects of alcohol or drugs on the ability to operate a vehicle; 3. The mechanics of vehicles sufficient to insure the safe operation of the applicant s vehicle; and 4. The laws and ordinary usages of the road. c. The examination shall include questions developed by the Commission and the State Department of Health and Senior Services concerning the use of alcohol or drugs as related to highway safety. Those questions shall be on subjects determined to be relevant to youthful drivers by the Commission and the Commissioner of the Office of Highway Traffic Safety. One question shall ask whether the applicant is aware of New Jersey s Uniform Anatomical Gift Act, and the procedure for indicating on a driver's license the intention to make a donation of body organs or tissues. d. In addition to the written examination, an applicant shall submit an application and the required fee with satisfactory proof of: 1. Identity; 2. Age; 3. Legal residency, showing the applicant's presence in the United States is authorized under federal law; and 4. An applicant under 18 shall submit the signature of a parent or guardian. The Commission shall postpone for six months the driving privileges of any person who submits a fraudulent signature for a parent or guardian; e. If the Commission has reasonable cause to suspect that a document presented pursuant to subsection (e) is altered, false or otherwise invalid, the Commission shall refuse to grant the permit or license until the document is verified by the issuing agency. f. When issuing a permit, the Commissioner shall make available a current driver's manual and any supplements containing all information necessary to answer any question on an examination for a driver's license or a renewal. Source: 39:3-10; 39:3-10f; 39:3-12.2. 39:3-10; 39:3-13.1; 39:3-41. This section combines select portions of several existing sections, to identify, in a single section, the requirements for learners and examination permits. The language of (c)(3) above replaces his knowledge of such portions of the mechanism of motor vehicles as is necessary to insure the safe operation of a vehicle of the kind or kinds indicated by the applicant ad of the laws and ordinary usages of the road. 39A:6-L5. Provisional driver s license a. A provisional license is a limited license provided to first-time licensees. The limitations imposed by the license are designed to decrease some of the risks of driving while inexperienced drivers gain proficiency. All of the requirements of a basic license apply to a provisional license. b. To obtain a provisional driver s license, an applicant shall: Title 39 - Memorandum July 11, 2005 - Page 3 of 17
1. Be at least 17 years of age; 2. Satisfactorily complete an approved behind-the-wheel driving course as indicated upon the face of the learner s permit over the signature of the principal or the person operating the school in which the course was conducted; 3. Secure an examination permit; 4. Complete six months' driving experience with a validated permit; and 5. Pass the road test. c. A provisional license requires a road test to demonstrate the ability to operate a vehicle. The test shall be given on public streets where practicable, but may be preceded by an off-street screening to assess basic skills. The Commission shall approve new public street locations for the test which pose no more than a minimal risk of injury to the applicant, the examiner and other motorists. d. A provisional license may be sent by mail and shall be distinguishable in appearance from a basic license in a manner deemed appropriate by the Commissioner. e. A provisional license does not automatically become a basic driver s license. After one year of driving with a provisional driver s license, the licensee must return to the MVC to obtain a basic license. Source: 39:3-13; 39:3-13.1; 39:3-13.2; 39:3-13.2a; 39:3-13.4. This section consolidates the requirements for a provisional driver s license currently found in a number of different sections of the statute. 39A:6-L6. Operation of vehicle pursuant to permit or provisional driver s license a. A motor vehicle may be operated by a holder of a learner s permit, with a supervising driver, only between 5:01 a.m. and 11:00 p.m. b. Neither an examination permit holder nor a provisional driver s license holder shall drive between 12:01 a.m. and 5 a.m. except for: 1. An emergency which, in the judgment of local police, is of sufficient severity and magnitude to substantially endanger the health, safety, welfare or property of a person; or 2. A bona fide employment or religion-related activity if the employer or religious authority provides satisfactory written verification of the activity to the Commissioner. c. A supervising driver of a passenger automobile shall sit in the front seat of the vehicle. d. Except during a behind-the-wheel driving course, a permit or provisional license holder shall not operate a passenger vehicle with more than one passenger, unless the driver is at least 21 or the passenger is a person with whom the driver resides or is at least 21. Title 39 - Memorandum July 11, 2005 - Page 4 of 17
e. A permit or provisional license holder shall not use an interactive wireless communication device while operating a moving vehicle, except in an emergency. "Use" shall include talking or listening on any interactive wireless communication device, or operating its controls. f. A permit or provisional license holder shall ensure that all occupants of the vehicle are secured with properly adjusted and fastened seat belts or child restraint systems. Source: 39:3-13; 39:3-13.1; 39:3-13.2; 39:3-13.2a; 39:3-13.4. This section streamlines and consolidates the provisions regarding the operation of a vehicle pursuant to a permit in order to eliminate duplication and so that the requirements and limitations are found in a single section of the statute. 39A:3-L7. License classifications The Commission shall issue the following classes of general driver s license: a. Motorcycle: Includes all motorcycles but not three-wheeled vehicles with a cab enclosing the occupant, seats like a passenger vehicle, seat belts and automotive steering. A driver's license for motorcycles may be issued as a separate license, but if issued to the holder of a basic driver's license, it shall be by endorsement. b. Bus: Includes busses classified by 39:3-10.1 and school buses as classified by 18:39-1 et seq. Any issuance of such a license shall be by endorsement on the basic driver's license. c. Basic: Includes non-commercial passenger vehicle licenses other than those for a motorcycle or bus. Drivers obtaining a license for the first time are required to obtain a provisional license before obtaining a basic license. Source: 39:3-10. This section summarizes the general, non-cdl licenses or endorsements that are available. There are other specialized types of licenses that are available, such as farm licenses and well-drilling licenses. The Commission may wish to include those in this section, or to make a reference to them. 39A:3-L8. Requirements for basic license a. To obtain a basic driver s license, an applicant shall: 1. Submit an application on the appropriate forms and pay the fee; 2. Be 18 years of age or older; 3. Submit satisfactory proof of identity, age, and legal residency showing the applicant's presence in the United States is authorized under federal law; vehicle. 4. Satisfactorily complete the written examination; and 5. Satisfactorily complete a road test demonstrating ability to operate a Title 39 - Memorandum July 11, 2005 - Page 5 of 17
6. For first-time licensees, operate a vehicle for at least one year, not including any period of suspension or postponement, from the date of issuance of a provisional license in compliance with Title 39 and tot have been assessed more than two motor vehicle points or been convicted in the previous year for a violation of R.S.39:4-50, C.39:4-50.4a, C.39:4-50.14, R.S.39:4-129, N.J.S.2C:11-5, N.J.S.2C:12-1(c), or any other motor vehicle-related violation the Commission determines to be significant pursuant to regulation. b. A road test shall not be held for a basic driver's license until at least six months after the validation of the permit for an applicant under 21, or three months for an applicant at least 21. For other licenses or endorsements, no road test shall be held until 20 days have passed except, in the case of a bus endorsement, no road test shall be scheduled until 10 days have passed. c. An applicant who has a provisional license for at least one year need not retake the written or road examination before obtaining a basic license. d. The Commission may waive the written examination or the road test, or both, for any person at least 18 possessing a valid driver's license issued by any other state, the District of Columbia or the United States Territories. The Commission shall provide that person with a booklet that highlights the motor vehicle laws unique to New Jersey. e. When a the results of a written examination administered as part of a high school driver education program are accepted in satisfaction of the written exam requirement for a license, a certified driver education instructor or special education teacher may read the exam to a student diagnosed by a local child study team as having a deficiency in reading or perception or a cognitive difficulty associated with a learning disability. The student shall record responses on the appropriate answer sheet. Source: 39:3-13a; 39:3-10; 39:3-10f; 39:3-12.2. This section streamlines and consolidates the requirements for a basic license that are currently found in several sections of the statute. The language in (a)(6) may be appropriate for change. As mentioned for other sections of the statute, a string of citations with no reference to the substance of the sections is not particularly helpful to a reader. In addition, a general reference to regulations with no guidance as to where to look for such regulations may be unnecessarily confusing. Also, it may be more appropriate to relocate the provisions of (b) that pertain to licenses other than the basic license. In (e), I will confirm that local child study team is the currently accepted terminology. 39A:3-L9. Issuance of license a. An applicant for a New Jersey driver s license shall surrender any current driver's license issued by another jurisdiction upon receipt of the New Jersey license. Failure to do so shall result in the revocation of the New Jersey license. b. An applicant under 18 seeking a permit or license who holds a permit or license for a passenger vehicle issued by another jurisdiction is subject to the requirements and penalties imposed on New Jersey applicants of the same age. If the other jurisdiction has permit or license standards substantially similar to those of New Jersey, the Commission may issue a permit or license without imposing the testing requirements. Title 39 - Memorandum July 11, 2005 - Page 6 of 17
c. The Commission may refuse to grant a driver s permit or license to a person it determines should not have one. No infirmity shall preclude an applicant from receiving a permit or license unless it can be shown by approved tests that the infirmity inhibits the safe operation of a motor vehicle. d. With every new or renewal license and new or renewal identification card, but not with a temporary license or learner s permit, the Commissioner shall provide the opportunity for a person to designate the choice to donate all or any body organs or parts for transplantation, therapy, medical research or education upon that person s death pursuant to the provisions of the "Uniform Anatomical Gift Act". Source: 39:3-10; 39:3-10f; 39:3-12.2. This section streamlines and consolidates the provisions regarding the issuance of a license. 39A:3-L10. License duration; fee a. A driver s license shall be valid for four years from the date of issuance. Alternatively, the Commission may, for good cause shown, issue licenses which expire on a date fixed by it. b. A person 70 years of age or older may elect to have a license issued for a period of either two or four years, which election may not be altered by the Commissioner. c. The expiration of a license issued to an applicant who may legally remain in the United States for a shorter period than the standard license duration shall be based on the termination of the authorized presence in the United States by federal law. The Commission may renew such license only if the applicant's continued presence in the United States is authorized by federal law. This section shall not be construed to alter or extend the expiration of a license issued prior to the operative date of this chapter. d. The fee for a basic license, and for a motorcycle or a bus license whether issued as a separate license or as an endorsement, is $18 plus the digitized picture fee for a four year license and $9 plus the digitized picture fee for the two year license. The Commission shall waive the fee for a bus license used exclusively for operating buses owned by a nonprofit organization incorporated in New Jersey. The fee for licenses with expiration dates fixed by the Commission shall be fixed in amounts proportionately less or greater than the fee for a standard term license. Source: 39:3-10; 39:3-14; 39:3-87. This section streamlines and consolidates the current language pertaining to duration and fees. 39A:3-L11. Application for driver s license or renewal a. An application for a driver's license or renewal shall include the current street address of the residence or business of the applicant. A post office box may appear on a driver's license application only as part of a mailing address in addition to the street address. Upon application, the Commissioner shall permit a applicant who was a victim Title 39 - Memorandum July 11, 2005 - Page 7 of 17
of a violation of N.J.S. 2C:12-10, N.J.S. 2C:14-2, or N.J.S. 2C:25-17 et seq., or who has good cause, to use an address other than a residence or business address on the license. b. A driver's license shall contain the legal name and the signature of the licensee. An electronic representation of the signature is permissible. A person whose name is changed by marriage, divorce or order of court shall notify the Commissioner of the change within two weeks after the change is made. A person who fails to notify the Commissioner of a change of name shall be subject to a fine but not a surcharge pursuant to 17:29A-35. c. Applications for renewals of licenses shall be made in accordance with procedures established by the Commission. d. An applicant for a driver's license application or renewal shall be offered an opportunity to register to vote and a copy of the drivers manual and any supplements. Source: 39:3-9a; 39:3-9b; 39:3-10m; 39:3-12.1; 39:3-41. This section streamlines and consolidates the language in the original sections of the statute. 39A:3-L12. Vision screening a. The Commission shall require every licensed driver to pass a vision screening at least once every 10 years as a condition for the renewal of a driver's license or endorsement. The vision screening may be certified by the Commission or by a licensed: optometrist, ophthalmologist, ophthalmic dispenser, or licensed to practice medicine and surgery. b. If screening shows a need for corrective eyewear or corrective action, renewal is conditioned upon compliance with the corrective action. The Commission may require a road test to determine the adequacy of the corrective action. Source: 39:3-10c; 39:3-10d. This section contains the substance of the original statutory sections, but has been streamlined and consolidated. 39A:3-L13. Epileptiform seizures a. A physician treating a person 16 or older for recurrent convulsive seizures, recurrent periods of unconsciousness, or impairment or loss of motor coordination due to conditions including any form of epilepsy, shall, when such conditions persist or recur despite medical treatments, report this to the Commissioner within 24 hours after the physician s determination of such fact. The Commissioner, in consultation with the State Commissioner of Health, shall furnish the forms for such reports and establish a procedure for evaluation and screening of reported cases. b. A person subject to a condition described in (a) shall report the existence of the condition to the Commissioner. Title 39 - Memorandum July 11, 2005 - Page 8 of 17
c. Reports submitted pursuant to this section shall be confidential. The reports shall not be revealed or used by the Commission in any manner except to determine the eligibility of a person to operate a motor vehicle in this State. d. A person guilty of a violation of (a) is subject to a fine of $50 for each violation. A person guilty of a violation of (b) is subject to a fine of $50 and, in the discretion of the Commissioner, suspension or revocation of driving privileges in accordance with the procedures in R.S. 39:5-30. Source: 39:3-10.4; 39:3-10.5; 39:3-10.6; 39:3-10.7; 39:3-10.8. This section contains the substance of the original sections, but streamlines the language and consolidates the requirements into a single section. 39A:3-L14. Special license for hearing impaired individual a. On application by a person with a hearing loss of a pure tone average of 41 db or greater, verified by an otorhinolaryngologist (ENT) or an audiologist certified by the American Speech, Language, and Hearing Association, the Commissioner shall issue a special driver's license bearing either the international symbol of the deaf or a numerical code designating hearing-impairment, as specified by the applicant. b. The design of the special driver's license shall be approved by the Commissioner. c. No fee beyond that required for a basic license shall be imposed for this license. Source: 39:3-11a. This section contains the substance of the original, but streamlines the language. 39A:3-L15. Motorcycle license; two year probation; waiver of road test a. A person may not operate a motorcycle without a motorcycle license or endorsement. b. An applicant for a motorcycle license or an endorsement to a basic license must satisfy the requirements for a basic driver s license except that: 1. An applicant for an endorsement need not take the written exam; and 2. The Commissioner may waive the road test portion of the examinations for a holder of an examination permit that successfully completed an approved motorcycle safety education course. Source: 39:3-10b; 39:3-10.31. This section consolidates requirements for a motorcycle license currently found in separate sections of the statute. Title 39 - Memorandum July 11, 2005 - Page 9 of 17
39A:3-L16. Special license for motor vehicle with capacity of more than six passengers a. A person shall not drive the following vehicles without a special license: 1. A motor vehicle with a capacity of more than six passengers used for transporting passengers for hire or to or from summer day or residence camps; or 2. A bus used for the transportation of passengers, except a bus used in ride-sharing arrangements, as a taxicab, or to transport children to and from any school. b. The special license is issued by the Commissioner for residents of this State but a nonresident may be licensed pursuant to the laws of his or her resident state with respect to the licensing of bus drivers. c. A special license shall not be granted by the Commissioner until the applicant: 1. Is at least 18 years of age; 2. Passes an approved examination determining driving ability and familiarity with the mechanism of the vehicle; and 3. Presents satisfactory evidence of at least three years of driving experience, good character and physical fitness. d. A special license is effective until suspended or revoked by the Commissioner, provided the special licensee also holds a New Jersey basic license. e. The holder of a special license shall furnish satisfactory evidence of continuing physical fitness, good character and experience at the time of application renewal or at such other time and in the form the Commissioner requires. f. A person applying for a special license for the transporting of children to and from schools shall comply with section C. 18A:39-19.1. g. Drivers of buses or other vehicles used by a school for transporting pupils to and from school shall, in addition to any examination required by law, submit to a medical exam for the presence of alcohol, narcotics or habit-producing drugs within the scope of the "New Jersey Controlled Dangerous Substances Act". h. The Commissioner may suspend or revoke a license granted under this section for a violation of this subtitle, or other reasonable grounds, including an opinion by the Commissioner that the licensee is physically or morally unfit. The Commissioner shall, upon receiving notice of disqualification from the Commissioner of Education pursuant to C. 18A:39-19.1, immediately revoke a special license without a further hearing. i. An applicant for an examination permit for a bus or an articulated vehicle endorsement shall hold a valid basic driver's license. 13.4 Source: 39:3-10.1; 39:3-10.1a. 39:3-13; 39:3-13.1; 39:3-13.2; 39:3-13.2a; 39:3- This section streamlines and consolidates the requirements of the original. Title 39 - Memorandum July 11, 2005 - Page 10 of 17
39A:3-L17. Special agricultural license for persons 16 years of age a. A person at least 16 but not yet 17 may be licensed to drive motor vehicles in agricultural pursuits if the person passes an approved examination demonstrating ability as an operator. b. The Commissioner may license the applicant to drive any motor vehicle registered under R.S.39:3-24 and R.S.39:3-25 upon: payment of the lawful fee, examination of the applicant and confirmation of the applicant's ability as an operator. A registration and license issued pursuant to this section shall expire on March 31st of each year. The annual license fee for such license shall be $1. c. The holder of an agricultural permit or license is subject to the requirements, restrictions and penalties applicable to special learner's permit holders. d. The agricultural license is for limited use only, may not be used in the operation of any other vehicle, and shall have the name of the licensee endorsed on it in the licensee s own handwriting. No such license shall be granted unless a parent or guardian consents, in writing. e. The Commissioner may refuse to grant an agricultural license to a person deemed not a proper holder. f. The holder of an agricultural license is entitled to a provisional driver's license upon attaining the age of 17. Source: 39:3-11.1; 39:3-11.2. This section streamlines and consolidates the original sections. 39A:3-L18. Special license for well-drilling machines or equipment and powered feed impregnating machines a. The Commissioner may license traction or tractor well-drill machines or equipment, however mounted. b. The Commissioner, may license any truck equipped with rubber tires which has a permanently affixed powered feed impregnating machine. c. A license issued pursuant to this section shall be $3 per year or any portion thereof, and shall permit the vehicles to travel upon the public highways of this State. Source: 39:3-26. This section contains the substance of the original. 39A:3-L19. License with restrictions or conditions a. When the Commissioner determines that public safety requires, reasonable restrictions and conditions may be imposed on the issuance of a driver s license based on an applicant's physical condition and driving ability, including conditions regarding special control devices required on a vehicle the applicant may operate. Title 39 - Memorandum July 11, 2005 - Page 11 of 17
b. It is unlawful for a person with a conditional or restricted driver's license to operate a vehicle in violation of any of the conditions or restrictions. c. A person with a conditional or restricted license who operates a motor vehicle in violation of any of the conditions or restrictions shall be subject to a fine not exceeding $100, imprisonment for a term not exceeding 30 days, or both. Source: 39:3-11. This section contains the substance of the original, but streamlines the language. 39A:3-L20. Driver s license format a. Each New Jersey license and renewal shall display a digitized color picture of the licensee. The Commissioner may require that the licensee s picture be updated on renewal of the license or may choose to use the stored picture for a period not exceeding four additional years for $18 plus the digitized picture fee. When a person has reconstructive or cosmetic surgery which significantly alters facial features, the person shall notify the Commission and may be required to update a license for $5 plus the digitized picture fee. b. Each license issued to a person under 21 shall be conspicuously distinct from those issued to persons 21 or older. The Commissioner, in consultation with the Superintendent of State Police, shall determine the manner in which to achieve this result. The license shall bear the words "UNDER 21" in a conspicuous manner. Upon reaching 21, a licensee shall be issued a new or a replacement license, as appropriate, for $5 plus the digitized picture fee. c. The Commissioner shall prescribe procedures for designating on a license that a person has elected to be an organ donor. The designation shall not appear on a temporary license or learner's permit but shall be appear in a conspicuous manner on a license or identification card, and electronically, as "ORGAN DONOR". The designation shall constitute sufficient legal authority for the removal of a body organ or part upon the death of the licensee or identification card holder. The Commissioner shall also prescribe procedures for the removal of the designation. d. The fee for a digitized picture shall be $6 for each license, renewal or duplicate, and shall be paid in addition to the fee for the issuance of a driver's license. Fees collected for the digitized picture shall be revenues of the Commission. e. The digitized license picture, access to the picture and use of it, shall not be sold, leased or exchanged for value. A licensee's picture shall not be released or disclosed by the Commissioner, except, subject to the approval of the Commissioner, when required by: a governmental agency, including a court or law enforcement agency; or a private person or entity acting on behalf of a federal, State or local agency. f. The Commissioner shall provide, for licenses with digitized color pictures, processes and materials that prevent, to the greatest extent possible, the alteration, delamination, duplication, counterfeiting, photographing, forging or other modification of the license and prevent the superimposition of a digitized color picture other than the authorized original on such license. A license that consists of a composite material, does Title 39 - Memorandum July 11, 2005 - Page 12 of 17
not use lamination, and offers at least the same level of security as that required by the Commissioner for noncomposite material may fulfill the requirements of this section. g. The Commissioner may provide for the electronic storage of the licensee's motor vehicle information, including the digitized picture and signature, in a bar code, magnetic stripe or database. Any information encoded in a bar code or magnetic stripe on the license shall be displayed on the license, which may be done in abbreviated form. Information encoded in a bar code or magnetic stripe shall be limited to the following: name, address, municipality of residence, state, zip code, date of birth, under 21 until xx/xx/xx (date of licensee's 21st birthday), gender, color of eyes, height, driver's license number, date of issuance, expiration date, document type, class, endorsements and restrictions, organ donor status, identification of issuer, license fee, transaction number, and the licensee's digitized picture and signature. Specific use of the driver's license and any information related thereto that is stored or encoded, electronically or otherwise, shall be in accordance with C.39:2-3.3 et seq. and the federal Driver's Privacy Protection Act of 1994. h. The license shall include features to ensure its security and integrity. i. Nothing in this chapter shall require a county or municipal law enforcement agency to acquire or use any device to verify the authenticity of a New Jersey driver's license, unless the cost of acquisition and use is paid by the State. j. Nothing in this section shall be construed to change any expiration date on any driver's license issued prior to the operative date of C.39:3-10 and, unless a licensee's driving privileges are otherwise suspended or revoked, except as provided in ----, that license shall remain valid until that expiration date. 12.2. license. Source: 39:3-10f; 39:3-10f1; 39:3-10f2; 39:3-10f4; 39:3-10f5; 39:3-10h; 39:3- This section streamlines and consolidates the requirements pertaining to the design of the driver s 39A:8-L21. Identification card in lieu of license for non-driver a. The Commission shall issue an identification card to a resident of the State 17 or older that does not hold a valid learner's permit or valid driver's license. The identification card shall display the true name, correct age, and other identifying data of the applicant. Every application for a card shall be signed and verified by the applicant and supported by documentary evidence of the age, identity, blindness or other disability. The applicant shall provide satisfactory proof that the applicant's presence in the United States is authorized under federal law. b. Every identification card shall bear a color picture of the person to whom it is issued and shall be issued in the standard license form prescribed by the Commission except that the card shall prominently contain the words "For Identification Only." c. Each original identification card shall be valid for 48 calendar months from its date of issuance unless canceled earlier and shall be renewable upon the request of the bearer and payment of the required fee. Valid cards issued prior to October 16, 1989 are Title 39 - Memorandum July 11, 2005 - Page 13 of 17
valid for the life of the holder unless canceled by the holder. An identification card issued to an applicant who is blind, disabled, or handicapped shall be valid for the life of the holder unless canceled by the holder. Valid cards issued to blind, disabled or handicapped persons between October 16, 1989 and the effective date of this chapter shall be made valid for the life of the holder unless canceled by the holder, upon presentation of proof that the blindness, disability, or handicap existed at the time of the original application. The Commissioner may require periodic verification of information included on an identification card valid for the life of the holder. Nothing in this section shall alter or extend the expiration of any identification card issued prior to the date this chapter becomes operative. d. The expiration of an identification card issued to an applicant who may legally remain in the United States for a shorter period than the standard card duration shall be based on the termination of the authorized presence in the United States by federal law. The Commission may renew such card only if the applicant's continued presence in the United States is authorized by federal law. The fee for identification cards with expiration dates fixed by the Commission shall be in amounts proportionately less or greater than standard term cards. e. If the Commissioner has reasonable cause to suspect that a document presented by an applicant as proof of identity, age or legal residency is altered, false or otherwise invalid, the Commissioner shall refuse to grant the identification card until such time as the document may be verified by the issuing agency. f. If an identification card is lost, destroyed or mutilated, a new name or address is acquired, or there is some other change in the information contained on the card, the person to whom it was issued may obtain a replacement upon furnishing the documentary evidence required for an original card and paying the fee. A person who loses an identification card and finds the original card after obtaining the replacement shall immediately surrender the original to the Commission. g. The fee for an original or renewal identification card is $18. The fee for a replacement is $5. The fee for a digitized picture is $6. h. It shall be unlawful for any person to: 1. Possess, display or cause or permit to be displayed any canceled, fictitious, fraudulently altered, or fraudulently obtained identification card; 2. Lend an identification card to any other person or knowingly permit its use by another; 3. Display or represent an identification card not issued to that person as being that person s card; 4. Permit any unlawful use of an identification card issued to that person; 5. Do any act forbidden or fail to perform any act required in reference to identification cards; 6. In any way reproduce an identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card, or to display or have in Title 39 - Memorandum July 11, 2005 - Page 14 of 17
that person s possession any such reproduction, or facsimile unless authorized by this chapter; chapter. 7. Alter any identification card in any manner not authorized by this i. Any person who violates this section is a disorderly person. Source: 39:3-29.3; 39:3-29.4; 39:3-29.5; 39:3-29.7; 39:3-29.8; 39:3-29.10. This section streamlines and consolidates the requirements pertaining to the identification card issued in lieu of a driver s license. 39A:3-L22. Impact of military status A person who holds a valid driver s license at the time of entry into the active military service of the United States during a time of war or emergency may continue to drive using that license for 180 days after the termination of the war or emergency, or for a period of three months from the date of discharge or release from service under conditions other than dishonorable, without payment of any fee. An individual may only exercise this privilege when attired in official military uniform or when in possession of evidence of the discharge, release, or active military status or assignment. Source: 39:3-11.5. This section contains the substance of the original, but has been streamlined. 39A:6-L23. Evaluation and report on new driver performance The Commission shall monitor the performance of new drivers of motor vehicles and, in conjunction with the Office of Highway Traffic Safety, shall: report to the Governor and the Legislature evaluating the operation and effectiveness of this chapter; detail disbursement of monies from the Driver Education Fund; make recommendations necessary to better effectuate this chapter; and promulgate regulations as needed to effectuate this chapter. Source: 39:3-13.6. This section contains the substance of the original. 39A:6-L24. Instructor s license and license to operate driving school The Commissioner s authority to suspend, revoke or deny issuance of an initial or renewal license to operate a drivers' school or an instructor's license, and assess fines, shall apply to any violations related to the administration of a remedial training course. Source: 39:3-13; 39:3-13.1; 39:3-13.2a; 39:3-13.4. This section consolidates provisions found in separate sections in the original. Title 39 - Memorandum July 11, 2005 - Page 15 of 17
39A:6-L25. Conviction of violation while operating with a permit or provisional driver s license a. When notified by a court of the conviction of a permit or provisional driver s license holder for a violation which causes the holder to have more than two motor vehicle points, or of a violation of R.S.39:4-50; C.39:4-50.4a; C.39:4-50.14; R.S.39:4-129; N.J.S. 2C:11-5; N.J.S. 2C:12-1(c) or other motor vehicle-related law set forth in regulation, the Commissioner shall, without a hearing, suspend a permit for 90 days or suspend a provisional license until the holder attends the remedial training course set forth in subsection (b). The suspension and remedial training course shall be in addition to any other penalty imposed. b. The Commissioner shall restore the permit or provisional license following the suspension if the holder satisfactorily completes an approved remedial training course of not less than four hours which is subject to oversight by the Commission. The holder shall remit a course fee prior to the commencement of the course. c. The Commissioner shall, without a hearing, postpone the issuance of a basic license to a permit holder, or suspend a provisional license and postpone eligibility for a basic license for 90 days if notified by a court that a permit or provisional license holder, after completion of the remedial training course, was convicted of a motor vehicle violation which results in the imposition of motor vehicle points or of a violation of R.S.39:4-50; C.39:4-50.4a; C.39:4-50.14; R.S.39:4-129; N.J.S.2C:11-5; N.J.S.2C:12-1(c) or other motor vehicle-related law set forth in regulation. When the Commissioner is notified by a court that a permit or provisional license holder has been convicted of an alcohol or drug-related offense unrelated to the operation of a motor vehicle, and is not subject to any suspension for that conviction, the Commissioner shall, without a hearing, suspend the permit or provisional license for six months. Source: 39:3-13; 39:3-13.1; 39:3-13.2a; 39:3-13.4. This section streamlines and consolidates the requirements currently found in separate sections. 39A:6-L26. Specific violations of permits or licenses A fine of $100 shall be imposed for violating the following conditions of a permit or a provisional driver's license: a. Supervision requirements for permit holders; b. Passenger restrictions; c. Hours of operation; d. Seat belt requirements; e. Interactive wireless communication device use restrictions; or f. Any other violation of the conditions of a permit or provisional license as the Commissioner may designate. Source: 39:3-13.8. Title 39 - Memorandum July 11, 2005 - Page 16 of 17
S This section contains the substance of the original. 39A:3-L27. Illegally obtaining a driver s license An applicant for a driver's license shall not procure another person to take the license examination for the applicant, nor shall any person take a license examination for an applicant. A person who violates this section is subject to a fine of between $200 and $500, or imprisonment for between 30 and 90 days, or both. Source: 39:3-12. This section contains the substance of the original. 39A:3-L28. Restoration of suspended or revoked license The Commissioner shall charge a fee of $100 for the restoration of a license suspended or revoked for violation of any law or regulation and for the restoration of vehicle registrations suspended pursuant to any law. Source: 39:3-10a. This section is substantially identical to the original. 39A:3-L29. Involvement in two or more accidents within six months; reexamination a. If an individual who holds a driver's license is involved in two or more motor vehicle accidents within any six-month period, and those accidents result in death, personal injury, or damage to the property of any one person in excess of $500 such that the individual has been assessed motor vehicle points for each accident, that individual shall submit to a license reexamination. b. Notice shall be given by the Commission that the individual is required to submit to a reexamination and must successfully pass an examination of ability as an operator and a test of vision. c. Failure to pass an examination or test is justification for the revocation and refusal to renew the individual's driver's license. Source: 39:3-10e. This section contains the substance of the original. Title 39 - Memorandum July 11, 2005 - Page 17 of 17