ASSEMBLY, No. 3946

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED JUNE 20, 2016

 


 

Sponsored by:

Assemblyman  JOHN J. BURZICHELLI

District 3 (Cumberland, Gloucester and Salem)

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

Assemblyman  JAMEL C. HOLLEY

District 20 (Union)

Assemblyman  ANTHONY M. BUCCO

District 25 (Morris and Somerset)

 

Co-Sponsored by:

Assemblymen Rible and Wisniewski

 

 

 

 

SYNOPSIS

     Establishes pilot program appointing third party vendors to administer commercial driver license testing.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning commercial driver license testing, supplementing Title 39 of the Revised Statutes, and amending P.L.1990, c.103. 

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    (New section)     a.   There is established within the Motor Vehicle Commission a Commercial Driver License Testing Pilot Program which shall be implemented by the chief administrator.  Pursuant to the provisions of this act, the chief administrator shall appoint three private third party vendors to administer the knowledge and skills tests for a commercial driver license or endorsement. Of the private third party vendors appointed to participate in the program, one each shall be located in the northern, central, and southern regions of the State. 

     b.    In implementing the pilot program, the chief administrator shall:

     (1)   develop procedures for identifying private third party vendors eligible to administer the knowledge and skills tests for commercial driver licenses or endorsements;

     (2)   compile a list of third party vendors eligible to provide the knowledge and skills tests for commercial driver licenses or endorsements;  

     (3)   establish guidelines necessary to establish and oversee the administration of commercial motor vehicle driver testing by private third parties including establishment of maximum fees that may be charged; and

     (4) take any other action necessary to implement the provisions of this act.

     c.     The private third party vendors appointed pursuant to subsection a. of this section shall be fully operational and administering knowledge and skills tests within 90 days following the effective date of this act.  

     d.    Within nine months of the effective date of this act, the chief administrator shall submit to the Governor and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) an evaluation of the pilot program with recommendations that will facilitate the permanent use of third party vendors to administer knowledge and skills tests for commercial driver licenses or endorsements pursuant to section 13 of P.L.1990, c.103 (C.39:3-10.21). 

 

     2.    Section 13 of P.L.1990, c.103 (C.39:3-10.21) is amended to read as follows:

     [The director may] Within one year of the effective date of P.L.      , c.      (C.      ) (pending before the Legislature as this bill) the chief administrator shall, by contract, by appointment as a motor vehicle agent, or by licensing, authorize any necessary persons, including but not limited to an agency of this or another state, an employer, a private driver training facility or other private institution, or a department, agency or instrumentality of local government to administer the knowledge or skills tests for a commercial driver license or endorsement.  The appointments shall be based on the evaluation of the pilot program and recommendations submitted to the Governor pursuant to P.L.     , c.     (C.     ) (pending before the Legislature as this bill). 

     The [director] chief administrator shall adopt [such] regulations [as deemed] necessary to establish, oversee, and regulate the administration of commercial motor vehicle driver testing by third parties including establishment of maximum fees that may be charged.  The maximum fee for a skills test administered by a third party shall be set at an amount equal to the cost to the State for administering [such] the testing. 

     The [director] chief administrator may limit the number of persons licensed to administer examinations and may suspend or revoke an authorization on any reasonable ground.  [The director may terminate third party testing at any time.]  A person authorized to administer examinations by appointment as a motor vehicle agent shall so act until this authority is revoked by the [director] chief administrator

     An examiner administering a skills test shall not be held accountable for any violation of Title 39 of the Revised Statutes committed by the person being tested. 

(cf:  P.L.1990, c.103, s.13)

 

     3.    This act shall take effect immediately. 

 

 

STATEMENT

 

     This bill establishes a Commercial Driver License Testing Pilot Program.  Under the program, the Chief Administrator of the Motor Vehicle Commission is required to appoint three private third party vendors to administer the knowledge and skills tests for commercial driver licenses or endorsements. The vendors are to be located in the northern, central, and southern regions of the State. 

     In implementing the pilot program, bill requires the chief administrator to identify and compile a list of eligible third party vendors to provide testing.  The chief administrator also is required to establish guidelines necessary to establish and oversee the administration of commercial motor vehicle driver testing by private third parties. 

     The bill requires the three vendors chosen to participate in the program to be fully operational within 90 days of the bill’s effective date.  Within nine months of the bill’s effective date, the chief administrator is required to submit to the Governor an evaluation of the pilot program with recommendations that will facilitate the permanent use of third party vendors. 

     Under current law, the chief administrator is authorized to appoint third party vendors to administer the tests for commercial driver licenses or endorsements.  However, third party vendors are not currently utilized to provide these tests. This bill amends section 13 of P.L.1990, c.103 (C.39:3-10.21) to require the chief administrator to contract with third party vendors.  The appointment of third party vendors is to be based on the chief administrator’s evaluation of the pilot program established by the bill.  The bill removes the chief administrator’s discretion to terminate third party testing at any time.