SENATE, No. 2288
STATE OF NEW JERSEY
208th LEGISLATURE
INTRODUCED DECEMBER 13, 1999
Sponsored by:
Senator ROBERT W. SINGER
District 30 (Burlington, Monmouth and Ocean)
SYNOPSIS
Amends graduated licensing law.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning graduated motor vehicle licensing and amending R.S.39:3-10, P.L.1977, c.23, P.L.1942, c.324, and R.S.39:3-13.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:3-10 is amended to read as follows:
39:3-10. No person shall drive a motor vehicle on a public highway in this State unless in possession of a validated permit, or a provisional or basic driver's license issued to him in accordance with this article.
No person under 18 years of age shall be issued a basic license to drive motor vehicles, nor shall a person be issued a validated permit, including a validated examination permit, until he has passed a satisfactory examination and other requirements as to his ability as an operator. The examination shall include a test of the applicant's vision, his ability to understand traffic control devices, his knowledge of safe driving practices and of the effects that ingestion of alcohol or drugs has on a person's ability to operate a motor vehicle, 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 and of the laws and ordinary usages of the road. A road test shall be required for a provisional license and serve as a demonstration of the applicant's ability to operate a vehicle of the class designated. The road test shall be given on public streets, where practicable and feasible, but may be preceded by an off-street screening process to assess basic skills. The director shall approve locations for the road test which pose no more than a minimal risk of injury to the applicant, the examiner and other motorists. No new locations for the road test shall be approved unless the test can be given on public streets.
The director shall issue a basic driver's license to operate a motor vehicle other than a motorcycle to a person over 18 years of age who previously has not been licensed to drive a motor vehicle in this State or another jurisdiction only if that person has: (1) operated a passenger automobile in compliance with the requirements of this title for not less than one year, not including any period of suspension or postponement, either from the date of issuance of an examination permit pursuant to R.S.39:3-13 or a provisional license pursuant to section 4 of P.L.1950, c.127 (C.39:3-13.4); (2) not been assessed more than two motor vehicle points and has not been convicted in the previous year for 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 violation the director determines to be significant and applicable pursuant to regulation; and (3) passed an examination of his ability to operate a motor vehicle pursuant to this section.
The director shall expand the driver's license examination by 20%. The additional questions to be added shall consist solely of questions developed in conjunction with the State Department of Health and Senior Services concerning the use of alcohol or drugs as related to highway safety. The director shall develop in conjunction with the State Department of Health and Senior Services supplements to the driver's manual which shall include information necessary to answer any question on the driver's license examination concerning alcohol or drugs as related to highway safety.
Up to 20 questions may be added to the examination on subjects to be determined by the director that are of particular relevance to youthful drivers, after consultation with the Director of the Office of Highway Traffic Safety.
The director shall expand the driver's license examination to include a question asking whether the applicant is aware of the provisions of the "Uniform Anatomical Gift Act," P.L.1969, c.161 (C.26:6-57 et seq.) and the procedure for indicating on the driver's license the intention to make a donation of body organs or tissues pursuant to P.L.1978, c.181 (C.39:3-12.2).
Any person applying for a driver's license to operate a motor vehicle or motorized bicycle in this State shall surrender to the director any current driver's license issued to him by another state or jurisdiction upon his receipt of a driver's license for this State. The director shall refuse to issue a driver's license if the applicant fails to comply with this provision. An applicant for a permit or license who is less than 18 years of age, and who holds a permit or license for a passenger automobile issued by another state or country that is valid or has expired within a time period designated by the director, shall be subject to the permit and license requirements and penalties applicable to State permit and license applicants who are of the same age; except that if the other state or country has permit or license standards substantially similar to those of this State, the credentials of the other state or country shall be acceptable. In no case, however, shall a basic license be issued to any person under 18 years of age.
The director shall create classified licensing of drivers covering the following classifications:
a. Motorcycles, except that for the purposes of this section, motorcycle shall not include any three-wheeled motor vehicle equipped with a single cab with glazing enclosing the occupant, seats similar to those of a passenger vehicle or truck, seat belts and automotive steering;
b. Omnibuses as classified by R.S.39:3-10.1 and school buses classified under N.J.S.18A:39-1 et seq.;
c. (Deleted by amendment, P.L.1999, c.28).
d. All motor vehicles not included in classifications a.and b. A license issued pursuant to this classification d. shall be referred to as the "basic driver's license."
Every applicant for a license under classification b. shall be a holder of a basic driver's license. Any issuance of a license under classification b. shall be by endorsement on the basic driver's license.
A driver's license for motorcycles may be issued separately, but if issued to the holder of a basic driver's license, it shall be by endorsement on the basic driver's license.
The director, upon payment of the lawful fee and after he or a person authorized by him has examined the applicant and is satisfied of the applicant's ability as an operator, may, in his discretion, issue a license to the applicant to drive a motor vehicle. The license shall authorize him to drive any registered vehicle, of the kind or kinds indicated, and shall expire, except as otherwise provided, on the last day of the 120th calendar month following the calendar month in which such license was issued.
The director may, at his discretion and for good cause shown, issue licenses which shall expire on a date fixed by him. The fee for licenses with expiration dates fixed by the director shall be fixed by the director in amounts proportionately less or greater than the fee herein established.
The required fee for a license for the 120-month period shall be as follows:
Motorcycle license or endorsement $35
Omnibus or school bus endorsement $35
Basic driver's license $35
The director shall waive the payment of fees for issuance of omnibus endorsements whenever an applicant establishes to the director's satisfaction that said applicant will use the omnibus endorsement exclusively for operating omnibuses owned by a nonprofit organization duly incorporated under Title 15 or 16 of the Revised Statutes or Title 15A of the New Jersey Statutes.
The director shall issue licenses for the following license period on and after the first day of the calendar month immediately preceding the commencement of such period, such licenses to be effective immediately.
All applications for renewals of licenses shall be made in a manner prescribed by the director and in accordance with procedures established by him.
The director in his discretion may refuse to grant a permit or license to drive motor vehicles to a person who is, in his estimation, not a proper person to be granted such a permit or license, but no defect of the applicant shall debar him from receiving a permit or license unless it can be shown by tests approved by the Director of the Division of Motor Vehicles that the defect incapacitates him from safely operating a motor vehicle.
In addition to requiring an applicant for a driver's license to submit satisfactory proof of identity and age, the director also shall require the applicant to provide, as a condition for obtaining a permit and license, satisfactory proof that the applicant's presence in the United States is authorized under federal law.
A person violating this section shall be subject to a fine not exceeding $500 or imprisonment in the county jail for not more than 60 days, but if that person has never been licensed to drive in this State or any other jurisdiction, he shall be subject to a fine of not less than $200 and, in addition, the court shall issue an order to the Director of the Division of Motor Vehicles requiring the director to refuse to issue a license to operate a motor vehicle to the person for a period of not less than 180 days. The penalties provided for by this paragraph shall not be applicable in cases where failure to have actual possession of the operator's license is due to an administrative or technical error by the Division of Motor Vehicles.
Nothing in this section shall be construed to alter or extend the expiration of any license issued prior to the date this amendatory and supplementary act becomes operative.
(cf: P.L.1999, c.28, s.2)
2. Section 1 of P.L.1977, c.23 (C.39:3-10b) is amended to read as follows:
1. [All successful applicants] An applicant for a motorcycle license, but not for a motorcycle endorsement to a basic license, who previously [have] has never been licensed to drive a motor vehicle in this, or any other state, shall [be licensed on a probationary basis for the two-year period following the issuance of their initial licenses. No such license shall physically differ by way of appearance from a nonprobationary license], during the permit period, be subject to the applicable restrictions and penalties for special learner's permit holders as are provided under section 6 of P.L.1977, c.25 (C.39:3-13.2a).
(cf: P.L.1998, c.108, s.2)
3. Section 1 of P.L.1942, c.324 (C.39:3-11.1) is amended to read as follows:
1. Any person, under seventeen years of age and not under sixteen years of age, may be [licensed] issued an agricultural permit to drive motor vehicles in agricultural pursuits as herein limited; provided such person has passed an examination satisfactory to the director as to his ability as an operator. The holder of the agricultural permit shall be subject to the applicable requirements, restrictions and penalties for special learner's permit holders provided under section 6 of P.L.1977, c.25 (C.39:3-13.2a) until becoming eligible for a provisional agricultural license at the age of 17 years. The director, upon payment of the lawful fee and after he or a person authorized by him has examined the applicant and is satisfied of the applicant's ability as an operator, may, in his discretion, license the applicant to drive any motor vehicle which is registered under the provisions of R.S. 39:3-24 and R.S. 39:3-25 provided that the applicant is at least 18 years old, and has satisfied the requirements of a provisional license pursuant to section 4 of P.L.1950, c.127 (C.39:3-13.4). Such registration shall expire on March thirty-first of each year terminating the period for which such license is issued. The annual license fee for such license shall be one dollar ($1.00), and is for the limited use herein provided, and is not to be used in the operation of any other vehicle and shall have the name of the licensee endorsed thereon in his own handwriting.
(cf: P.L.1983, c.403, s.8)
4. R.S.39:3-13 is amended to read as follows:
39:3-13. The director may, in his discretion, issue to a person over 17 years of age an examination permit, under the hand and seal of the director, allowing such person, for the purpose of fitting himself to become a licensed driver, to operate a designated class of motor vehicles other than passenger automobiles for a specified period of not more than 90 days, while in the company and under the supervision of a driver licensed to operate such designated class of motor vehicles.
The director, in his discretion, may issue for a specified period of not less than one year an examination permit to operate a passenger automobile to a person over 17 years of age regardless of whether a person has completed a course of behind-the-wheel automobile driving education pursuant to section 1 of P.L.1950, c.127 (C.39:3-13.1). An examination permit applicant who is under 18 years of age shall obtain the signature of a parent or guardian for submission to the division on a form prescribed by the director. The director shall postpone for six months the driving privileges of any person who submits a fraudulent signature for a parent or guardian.
For six months immediately following the issuance of an examination permit, the holder who is less than 21 years of age shall operate the passenger automobile only when accompanied by, and under the supervision of, a New Jersey licensed driver who is at least 21 years of age and has been licensed to drive a passenger automobile for not less than three years. The holder of an examination permit who is at least 21 years of age shall operate the passenger automobile for the first three months under such supervision. The supervising driver shall sit in the front seat of the vehicle. Whenever operating a vehicle while in possession of an examination permit, the holder of the permit shall operate the passenger automobile with only one additional passenger in the vehicle excluding persons with whom the holder resides, except that this passenger restriction shall not apply when either the permit holder or one other passenger is at least 21 years of age. Further, the holder of the permit who is less than 21 years of age shall not drive during the hours between 12:01 a.m. and 5 a.m.; provided, however, that this condition may be waived for 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 for any bona fide employment or religion-related activity if the employer or appropriate religious authority provides written verification of such activity in a manner provided for by the director. The permit holder shall also ensure that all occupants of the vehicle are secured in a properly adjusted and fastened seat belt or child restraint system.
When notified by a court of competent jurisdiction that an examination permit holder has been convicted of a violation which 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; subsection c. of N.J.S.2C:12-1 or any other motor vehicle-related law the director deems significant and applicable pursuant to regulation, in addition to any other penalty that may be imposed, the director shall, without the exercise of discretion or a hearing, suspend the examination permit holder's examination permit for 90 days. The director shall restore the permit following the term of the permit suspension if the permit holder satisfactorily completes a remedial training course of not less than four hours and remits a course fee prescribed by the director. The director also shall postpone without the exercise of discretion or a hearing the issuance of a basic license for 90 days if the director is notified by a court of competent jurisdiction that the examination permit holder, after completion of the remedial training course, has been convicted of any motor vehicle violation which 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.182 (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 the director deems significant and applicable pursuant to regulation. When the director is notified by a court of competent jurisdiction that an examination permit holder has been convicted of any alcohol or drug-related offense unrelated to the operation of a motor vehicle and is not otherwise subject to any other suspension penalty therefor, the director shall, without the exercise of discretion or a hearing, suspend the examination permit for six months. A fine of $100 shall be imposed for any other violation of the conditions of the examination permit.
An examination permit for a motorcycle or a commercial motor vehicle issued to a handicapped person, as determined by the Division of Motor Vehicles after consultation with the Department of Education, shall be valid for nine months or until the completion of the road test portion of his license examination, whichever period is shorter.
Each permit shall be sufficient license for the person to operate such designated class of motor vehicles in this State during the period specified, while in the company of and under the control of a driver licensed by this State to operate such designated class of motor vehicles, or, in the case of a commercial driver license permit, while in the company of and under the control of a holder of a valid commercial driver license for the appropriate license class and with the appropriate endorsements issued by this or any other state. Such person, as well as the licensed driver, except for a motor vehicle examiner administering a driving skills test, shall be held accountable for all violations of this subtitle committed by such person while in the presence of the licensed driver. In addition to requiring an applicant for an examination permit to submit satisfactory proof of identity and age, the director also shall require the applicant to provide, as a condition for obtaining the permit, satisfactory proof that the applicant's presence in the United States is authorized under federal law.
The holder of an examination permit shall be required to take a road test in order to obtain a basic driver's license. No road test for any person who has been issued an examination permit to operate a passenger vehicle shall be given unless the person has met the requirements of this section. No road test for a basic driver's license shall be given unless the applicant has first secured an examination permit and no such road test shall be scheduled for an applicant who has secured an examination permit for a passenger vehicle until at least [one year] six months for an applicant under 21 years of age or three months for an applicant 21 years of age or older shall have elapsed following the validation of the examination permit for practice driving or, in the case of an examination permit for other vehicles, until 20 days [has] have elapsed[, except that in]. In the case of an omnibus endorsement or school bus, no road test shall be scheduled until at least 10 days shall have elapsed. Every applicant for an examination permit to qualify for an omnibus endorsement or an articulated vehicle endorsement shall be a holder of a valid basic driver's license.
The required fees for special learners' permits and examination permits shall be as follows:
Basic driver's license................. up to $10
Motorcycle license or endorsement....... $5
Omnibus or school bus endorsement..... $25
Articulated vehicle endorsement............. $15
The director shall waive the payment of fees for issuance of examination permits for omnibus endorsements whenever the applicant establishes to the director's satisfaction that said applicant will use the omnibus endorsement exclusively for operating omnibuses owned by a nonprofit organization duly incorporated under Title 15 or 16 of the Revised Statutes or Title 15A of the New Jersey Statutes.
The specified period for which a permit is issued may be extended for not more than an additional 60 days, without payment of added fee, upon application made by the holder thereof, where the holder has applied to take the examination for a driver's license prior to the expiration of the original period for which the permit was issued and the director was unable to schedule an examination during said period.
(cf: P.L.1998, c.108, s.3)
5. This act shall take effect on January 1, 2001 and shall apply to any applicant for a permit who is under 16 years of age or, in the case of an applicant for an examination permit, motorcycle permit or a provisional agricultural license, at least 17 years of age on the effective date of this act.
STATEMENT
This bill amends the State's graduated driver licensing law which will become effective on January 1, 2001. It was prepared at the request of the Division of Motor Vehicles.
Section 1 provides that there will be reciprocity with other states and nations for eligibility for the State's new permits and licenses on the condition that the minimum age for a basic (unrestricted) license in the other jurisdiction be at least 18. The current requirement is that the permit or license standards be "substantially similar."
Section 2 brings motorcycle license applicants under many of the same restrictions and penalties applicable to passenger motor vehicle permit holders, including new penalties such as remedial courses, fines and suspensions for a variety of motor vehicle offenses. An alcohol or drug-related offense unrelated to the operation of the motorcycle could result in a six-month suspension. Such penalties are already required under the graduated driver license law for passenger motor vehicle permit holders and provisional licensees. The bill's provisions would not apply to an applicant for a motorcycle endorsement to a basic automobile license.
Section 3 makes certain applicable provisions of the graduated driver license law apply to young persons who can now obtain agricultural licenses at age 16. They would receive agricultural permits at age 16, provisional agricultural licenses at age 17, and basic agricultural licenses at 18. At the permit and provisional stages, they would be subject to the applicable requirements, restrictions and penalties for persons holding non-agricultural permits and provisional licenses. This provision is designed to prevent young farm workers from circumventing the protections of the graduated driver license law.
Section 4 amends the section that governs the timing of the road test for holders of the examination permit which is the alternate route for obtaining a basic license for persons age 17 years or older. The current law requires that a road test be administered one year from the date the permit is validated for practice driving. Applicants under 21 require supervision for the first six months and applicants age 21 or older require supervision for the first three months. This bill would require that the road test be given immediately after the period of supervision. In some cases, this may occur well before the basic license is issued.