S2807

An Act concerning commercial driver licenses and amending P.L.2013, c.48.

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

1. Section 1 of P.L.2013, c.48 (C.39:3-10.17b) is amended to read as follows:

1. a. As used in this [act] section:

"Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used or designed to transport passengers or property that has a gross vehicle weight rating of 26,001 or more pounds or displays a gross vehicle weight rating of 26,001 or more pounds or a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds. The term shall not include any of the other types of vehicles listed under the definition of commercial motor vehicle pursuant to section 3 of P.L.1990, c.103 (C.39:3-10.11).

"Military commercial driver license" means an authorization for a person to operate a commercial motor vehicle which is issued by any branch of the active duty or the reserve component of the Armed Forces of the United States or the National Guard of any state.

b. Notwithstanding the provisions of section 4 of P.L.1990, c.103 (C.39:3-10.12) or any other law to the contrary, the Chief Administrator of the New Jersey Motor Vehicle Commission shall waive the knowledge test and skills test required pursuant to section 4 of P.L.1990, c.103 (C.39:3-10.12), as applicable, for a commercial driver license applicant who has experience operating a commercial motor vehicle while serving in the military and who submits satisfactory proof that the applicant meets the requirements for such a waiver under the federal "Commercial Motor Vehicle Safety Act of 1986," as those requirements are set forth in 49 C.F.R. s.383.77.

c. In order to qualify for the [waiver] waivers permitted under subsection b. of this section, an applicant for a commercial driver license shall submit to the chief administrator, in addition to the application:

(1) satisfactory proof that the applicant is a member of a branch of the active or the reserve component of the Armed Forces of the United States or the National Guard of any state, or that the applicant is a veteran who received an honorable discharge from a branch of the active or reserve component of the Armed Forces of the United States or the National Guard of any state;

(2) the applicant's military commercial driver license or other documentation certifying the applicant's experience in the operation of a commercial motor vehicle while serving in the military; and

(3) any additional documentation that the chief administrator deems necessary to determine the equivalent class of commercial motor vehicle that the applicant is authorized to operate.

d. A waiver shall not be granted under the provisions of this [act] section if the granting of the waiver would place the State out of substantial compliance with the requirements of the federal "Commercial Motor Vehicle Safety Act of 1986."

e. Nothing in this section shall be construed to exempt an applicant for a commercial driver license from any other State or federal requirements for obtaining a commercial driver license or any endorsement thereon, including, but not limited to, the submission of fingerprints and a criminal history records check.

(cf: P.L.2013, c.48, s.1)

2. This act shall take effect on the first day of the sixth month next following the date of enactment, except that the chief administrator may take such anticipatory actions in advance thereof as may be necessary to effectuate this act.

STATEMENT

This bill requires the Chief Administrator of the New Jersey Motor Vehicle Commission to waive the knowledge test requirement for certain military service members who apply for a commercial driver license.

Under the federal “Commercial Motor Vehicle Safety Act of 1986,” the federal government requires the states to meet certain standards governing the issuance of commercial driver licenses. These standards include the requirement that every applicant pass a knowledge test and a skills test before obtaining the license. However, federal regulations allow the states to waive these testing requirements for military service members who meet certain conditions set forth by the federal government (49 C.F.R. s.383.77).

As authorized, the State currently requires the MVC to waive the skills test requirement for qualified military service members who apply for certain commercial driver licenses. Under the bill, the MVC would also waive the knowledge test requirement for qualified military service members. As required by federal regulations, a current or former military service person may qualify for the knowledge test waiver if, during the one-year period immediately preceding the date of application, the person: (1) was regularly employed as an operator of certain military vehicles; (2) operated a vehicle that is representative of the type of commercial motor vehicle that the person expects to operate; (3) has not simultaneously held more than one civilian license; (4) has not had any license suspended, revoked, or canceled; (5) has not been convicted of certain types of serious traffic offenses; and (6) has not been convicted of certain types of motor vehicle violations arising in connection with a traffic accident and has no record of an accident in which the person was at fault.

However, under current State law, military applicants who seek to operate the following categories of commercial vehicles are not permitted to receive the skills test waiver: (1) vehicles designed to transport 16 or more passengers; (2) vehicles designed to transport between eight and 16 persons if used to transport such persons for hire on a daily basis to and from places of employment; (3) vehicles used in the transportation of hazardous materials; or (4) vehicles used for the transportation of children to or from a school or other similar places of education. Similarly, these applicants would not qualify for the knowledge test waiver provided under the bill.