A5453

An Act concerning the issuance of special learner’s permits and amending P.L.1977, c.25.

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

1. Section 6 of P.L.1977, c.25 (C.39:3-13.2a) is amended as follows:

6. a. Any person to whom a special learner’s permit has been issued pursuant to section 1 of P.L.1950, c.127 (C.39:3-13.1), upon successful completion of a [State approved] State-approved written examination, eye examination, and [an approved] minimum six-hour behind-the-wheel driving course, [shall be entitled to] which six-hour minimum may be satisfied, up to 50 percent, through the use of a driving simulator, may retain the special learner’s permit in [his] the person’s own possession. The special learner’s permit shall be validated by the commission for the purpose of driving a motor vehicle on a public highway in this State after the holder has successfully met the necessary examination requirements [,] and upon the successful completion of a behind-the-wheel driving course. [Such person] The holder may operate a motor vehicle of the class for which a basic driver’s license is required, except during the hours between 11:01 p.m. and 5:00 a.m., while in the company, and under the supervision [,] from the front passenger seat, of a licensed motor vehicle driver of this State who is over 21 years of age and has been licensed to drive a passenger automobile for at least three years. [Such] The special learner’s permit shall be valid until [such person's seventeenth] the holder’s 17th birthday or until [he] the holder qualifies for a probationary license. Except during an instructional period of a behind-the-wheel driving course, the holder of a special learner’s permit shall operate a passenger automobile with only the following passengers: (1) the supervising passenger; (2) any parent, guardian, or dependent of the [special permit] holder; and (3) one additional passenger. The holder of the special learner’s permit shall not use any hand-held or hands-free interactive wireless communication device, except in an emergency, while operating a moving passenger automobile on a public road or highway. “Use” shall include, but not be limited to, talking or listening on any hand-held or hands-free interactive wireless communication device or operating [its] the keys, buttons, or other controls of the device. All occupants of the automobile shall be secured in a properly adjusted and fastened seat belt or child restraint system.

The chief administrator shall provide the holder of a special learner’s permit with two removable, transferable, [highly visible] highly-visible, reflective decals indicating that the driver of the vehicle may be the holder of a special learner’s permit. The decals shall be designed by the chief administrator, in consultation with the Division of Highway Traffic Safety in the Department of Law and Public Safety. The chief administrator may charge a fee for the decals not to exceed the actual cost of producing and distributing the decals. The decals shall be displayed in a manner prescribed by the chief administrator, in consultation with the Division of Highway Traffic Safety in the Department of Law and Public Safety, and shall be clearly visible to law enforcement officers. The holder of a special learner’s permit shall not operate a vehicle unless the decals are displayed. The [decal] decals shall be removed once the [driver’s] holder’s special learner’s permit period has ended.

b. When notified by a court of competent jurisdiction that a special learner’s permit holder has been convicted of a violation [which] that causes the [permit] holder to accumulate more than two motor vehicle points or has been convicted of a violation of R.S.39:4-50; section 2 of P.L.1981, c.512 (C.39:4-50.4a); P.L.1992, c.189 (C.39:4-50.14); R.S.39:4-129; N.J.S.2C:11-5; section 1 of P.L.2017, c.165 (C.2C:11-5.3), subsection c. of N.J.S.2C:12-1; or any other motor vehicle-related law that the chief administrator determines to be significant and applicable pursuant to regulation, and in addition to any other penalty that may be imposed, the chief administrator shall, without the exercise of discretion or a hearing, suspend the holder’s special learner’s permit for 90 days. The chief administrator shall restore the permit following the term of the permit suspension if the [permit] holder, regardless of age, satisfactorily completes a remedial training course of not less than four hours, which may be given by the commission, a driving school licensed by the chief administrator pursuant to section 2 of P.L.1951, c.216 (C.39:12-2), or any Statewide safety organization approved by the chief administrator. The course shall be administered pursuant to rules and regulations promulgated by the chief administrator and subject to oversight by the commission. The authority of the chief administrator to suspend, revoke, or deny issuance of an initial or renewal license to operate a driving school or an instructor’s license, and to assess fines, pursuant to P.L.1951, c.216 (C.39:12-1 et seq.), shall apply to any violations related to the administration of a remedial training course. The special learner’s permit holder shall also remit a course fee prior to the commencement of the course. If, after completion of the remedial training course, the chief administrator is notified by a court of competent jurisdiction that the special learner’s permit holder has been convicted of any motor vehicle violation [which] that results in the imposition of any motor vehicle points or has been convicted of a violation of R.S.39:4-50; section 2 of P.L.1981, c.512 (C.39:4-50.4a); P.L.1992, c.189 (C.39:4-50.14); R.S.39:4-129; N.J.S.2C:11-5; subsection c. of N.J.S.2C:12-1; or any other motor vehicle-related law that the chief administrator deems significant and applicable pursuant to regulation, the chief administrator, without the exercise of discretion or a hearing, shall also postpone the issuance of a basic driver’s license for 90 days. When the chief administrator is notified by a court of competent jurisdiction that a special learner’s permit holder has been convicted of any alcohol- or drug-related offense unrelated to the operation of a motor vehicle, and [he] the holder is not otherwise subject to any other suspension penalty therefor, the chief administrator shall, without the exercise of discretion or a hearing, suspend the holder’s special learner’s permit for six months.

(cf: P.L.2017, c.165, s.12)

2. This act shall take effect immediately.

STATEMENT

Under current law, a person seeking to obtain a special learner’s permit is required to complete a minimum of six hours of State-approved behind-the-wheel driving education. This bill authorizes a person to satisfy up to 50 percent of the six-hour minimum using a driving simulator.