Thursday, October 30, 2008

39:3-15.5. Rules and regulations; forms.

The director may prescribe and provide forms and make such rules and regulations as are necessary to effectuate the purposes of this amendatory act (39:3-15).
For infomation of points go to www.njlaws.com.

39:3-15. Operation of nonresident's motor vehicle.

A nonresident owner of any motor vehicle or motor-drawn vehicle which has been registered in accordance with the laws respecting the registration of motor vehicles of the jurisdiction in which the nonresident resides, adn which has conspicuously displayed thereon the registration number thereof, may, without complying with the provisions of this usbtitle with respect to the registration and equipment, operate or permit the operation of such vehicle in this state during such portion of the entire year sa the free operation of a similar type of vehicle belonging to a resident of this state and registered in compliance with the laws of this state, and whose registration number is conspicuously displayed thereon, is permitted in the jurisdiction of the nonresident; provided thta such vehicle is not (a) used for the transportation of persons for hire, compensation or profit, or (b) regularly operated in carrying on business within this state. (c) Designed, used or maintained primarily for the transportation of poperty.
The foregoing shall not apply to a vehicle leased by an owner engaged in the business of elasing such vehicles.
For information on points go to www.njlaws.com.

39:3-14. Official drivers licensed free; special certificate; termination and surrender.

Every driver operating a state, county or city owned motor vehicle or motorcycle exclusively for the use of the state, country or city shall be licensed to do so without charge by the commissioner in accordance with this chapter. A special certificate, to be prescribed and furnished by the commissioner in accordance with this chapter. A special certificate, to be prescribed and furnished by the commissioner, shall be issued to him. The license so granted shall, unless otherwise revoked, terminate upon the ilcensee's ceasing to be an employee of the state, county or city, and it shall, upon demand made therefor by the commissioner, be surrendered.
For information on points go to www.njlaws.com.

39:3-13.7. Rules, Regulations.

The director of the Division of Motor Vehicles and the director of the Office of Highway Traffic Safety shall adopt, pursuant to the "Administrative Procedure Act," P.L. 1968, any rules and regulations each determines to be necessary to effectuate their respective responsibilities under this act.
For information on points go to www.njlaws.com.

39:3-13.6. Evaluation of graduated license program; report to Governor, Legislature.

The division of Motor Vehicles shall monitor the performance of new drivers of passenger automobiles and, in conjunction with the Office of Highway Traffic Safety, report to the Governor and the Legislature evaluating the operation and effectiveness of this act. The Division of Motor Vehicles shall detail the disbursement of monies from the Driver Education Fund in the report. The division and the office shall make any recommendations necessary to better effectuate the provisions of this act.
For information on points go to www.njlaws.com.

39:3-13.4. Examination for driver's license.

The holder of a special learner's permit shall be entitled to a provisional driver's license (1) upon attaining the age of 17 years, (2) upon the satisfactory completion of an approved behind-the-wheel automobile driving education course as indicated upon the face of the special permit over the signature of the principal of the school or the person operating the drivers' school in which the course was conducted, (3) upon the completion of six months' driving experience with a validated special learner's permit in compliance with the provisions of section 6 of P.L. 1977 and upon passing the road test pursuant to R.S.39:3-10.
A provisional license may be sent by mail and shall be clearly identifiable and distinguishable in appearance from a basic license by any name, mark, color or device deemed appropriate by the director.
For information on points go to www.njlaws.com.

Tuesday, October 28, 2008

39:3-13.2a. Possession of special learner's permit by person 16 years of age; daylight use.

Any person to whom a special learner;s permit has been issued pursuant to section 1 of P.L. 1950, upon successful completion of a State approved written examination, eye examination and an approved minimum six-hour behind-the-wheel driving course, shall be entitled to retain the special leaner's permit in his own possession. The special learner's permit shall be validated by the division 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 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, form the front passenger seat, of al 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 special permit shall be valid until such person's seventeenth birthday or until he qualifies for a provisional license. Except during an instructional period of a behind-the-wheel driving course, the holder of a special permit shall operate a passenger automobile with only the following passengers: (1)the supervising passenger; (2) persons who share the permit holder's residence; and (3) one additional passenger who does not reside with the permit holder. The holder of the special learner's permit shall not use any 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 interactive wireless communication device or operating its keys, buttons or other control.s All occupants of the automobile shall be secured in a properly adjusted and fastened seat belt or child restraint system.

39:3-13.2. Effect of special learner's permit.

The special permit shall be sufficient license for the person to operate a dual pedal controlled motor vehicle in this state during the period specified, while in the company of and under the control of a teacher, certified by the state department of education as authorized to instruct in an approved behind-the-wheel automobile driving education course or a duly licensed instructor of a drivers' school, or while in the company of a representative of the division of motor vehicles for the purpose of submitting to examination for a driver's license. Such person, as well as the said teacher or instructor, shall be held accountable for all violations of subtitle 1 of Title 39 of the Revised Statutes and any supplements thereto committed by such person while in the presence of the teacher or instructor.
For information on points go to www.njlaws.com.

39:3-13.1. Special learner's permit; place of keeping.

The director of the Division of Motor Vehicles may issue to a person over 16 years of age a special learner's permit, under the hand and seal of the director, allowing such person, for the purpose of preparing himself to qualify for a provisional license for a passenger automobile by operating a dual pedal controlled motor vehicle while taking a required course of behind-the-wheel automobile driving education approved by the State Department of Education and conducted in a public, parochial or private school of this State of a course of behind-the-wheel automobile driving instruction conducted by a drivers' school duly licensed pursuant to the provisions of P.L. 1951. The special learner's permit shall be issued in lieu of the examination permit provided for in R.R. 39:13-13. In addition to requiring an applicant for a permit to submit satisfactory proof of identity and age, the director also shall require the applicant to provide as a condition for obtaining a permit, satisfactory proof that the applicant's presence in the United States is authorized under federal law. If the director has reasonable cause to suspect that any document represented by an applicant as proof of identity, age, or legal residency is altered, false or otherwise invalid, the director shall refuse to grant the permit until such time as the document may be verified by the issuing agency to the director's satisfaction.
The special learner's permit described above, when issued to a person taking a course of behind-the-wheel driving education conducted in a public, parochial or private school, shall be retained in the office of the school principal at all times except during such time as the person to whom the permit is issued is undergooing behind-the-wheel automobile driving insturction. The director may make such rules and regulations as he may deem necessary to carry out the provisions of this section.
For information on points go to www.njlaws.com.

39:3-13a. School driving examination to be read to students with learning disabilities.

Whenever the director authorizes a written examination to be administered in a high school as part of a driver education program and accepts the results thereof in satisfaction of any written examination requirement imposed pursuant to R.S. 39:3-10, he shall allow the exmaination to be read by a certified driver education instructr or special educaiton teacher to any student who has been diagnosed by a local child study team pursuant to N.J.S. 18A:46-5 as having a deficiency in reading, perception, or other cognitive difficulty associated with any learning disability witht he sutdent recording his responses on the appropriate answer sheet. The director may make rules and regulations necessary to carry out the provisiions of this section.
For information on points go to www.njlaws.com.

39:3-13/ Learner's permit; scope and effect; fee.

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 and motorcycles of persons licensed to operate motorcycles only 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 a passenger automobile or motorcycle-only examination permit 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. 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.
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 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. If the director has reasonable cause to suspect that any document presented by an applicant as proof of identity, age or legal residency is altered, false or otherwise invalid, the director shall refuse to grant the permit until such time as the document may be verified by the issuing agency to the director's satisfaction. 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.
For information on points go to www.njlaws.com.

39:3-12.2. Director to issue cards indicating driver is organ donor; authority to remove organs upon death of donor; procedure.

a. The director of the Division of Motor Vehicles shall provide with every new license, renewal license, identification card or renewal identification card the opportunity for each person pursuant to the provisions of the "Uniform Anatomical Gift Act," P.L. 1969, c. 161 (C.26:6-65 et seq.), to designate that the person shall donate all or any body organs or parts for the purposes of transplantation, therapy, medical research or education upon his death.
b. The designation indicating that a person is a donor pursuant to subsection a. of this section shall be done in accordance with procedures prescribed by the director. The designation shall be displayed in print in a conspicuous form and manner on the license or identification card, and electronically, by substantially the following statement: "ORGAN DONOR" and shall constitute sufficient legal authority for the removal of a body organ or part upon the death of the licensee or identification cardholder. The designation shall be removed in accordance with procedures prescribed by the director.
d. For the purposes of this section, license shall not include any temporary license or learner's permit.
For information on points go to www.njlaws.com.

Thursday, October 23, 2008

39:3-12.1. Application to agent for renewal of registration or license.

Any owner of a passenger automobile or motorcycle, or licensed driver may, if he so desires, apply directly to any agent of the director, as heretofore, for renewal of his regestration of license, or both, as the case may be.
For information on points go to www.njlaws.com.

39:3-12. Illegal securing of driver's ilcense; punishment.

No applicant for a driver's license shall employ or procedure the employment of another person to take the license examination for him, and no person shall take a driver's license examination in the name of or in the place of the applicant. No person shall procure or attempt to procure a driver's license without taking the examination therefor as herein provided, no shall a person procure or attempt to procure a driver's license for another who has not taken an examination therefor.
A person who violates any provision of this section shall be subject to a fine of not less than two hundred dollars no more than five hundred dollars, or imprisonment for not less than thirty days nor more than ninety days, or both, at the discretion of the court.
For information on points go to www.njlaws.com.

39:3-11.3. Rules and regulatoins.

The commissioner may make rules and regulations to effectuate the purpose of this act.
For information on points go to www.njlaws.com.

39:3-11.2. Discretion as to granting license; consent of parent or guardian.

The commissioner, in his discretion, may refuse to grant such license to a person who is, in his estimation, not a proper person to be granted such license. No such license shall be granted by the commissioner unless a parent of, guardian of, or some person who stands in the place of parents to such person shall consent, in writing, that such license be granted.
For information on points go to www.njlaws.com

39:3-11.1. License to persons 16 years of age to drive motor vehicles in agricultural pursuits; examination.

Any person, under seventeen years of age and not under sixteen years of age, may be licensed to drive motor vehicles in agricultural pursuits as herein limited; provided usch person has passed an examination satisfactory to the director as to his ability as an operator. The director, upon payment of the lawful fee adn after he or a person authorized by him has acamined the applicant and is satisfied of the applicant's ability as an operator, may, in his discretion, license the appilcant to drive any motor vehicle which is registered under the provisions of R.S. 39:3-24 and R.S. 39:3-25. The hodler of an agricultural permit or license shall be subject to the applicable requirements, restictions adn penalties for special learner's permit holders provided under section 6 of P.L.1977, c.25 (C.39:3-13.2a). 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 ilcense shall be one dollar ($1.00), and is for the lmited use herein provided and is not to be used in the operation of any other vehicle adn shall have the name of the licensee endorsed thereon in his own handwriting. The holder of an agricultural license shall be entitled to a provisional dirver's license upon attaining the age of 17 years and shall be subject to applicable restrictions and penalities in section 4 P.L. 1950, c.127 (C.39:3-13.4) as they pertain to a provisional driver's license hlder.
For information on points visit www.njlaws.com.

39:3-11b. Regulations.

Pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) the Director of the Division of Motor Vehicles shall promulgate rules and regulations to effectuate the purposes of this act. For information on points go to www.njlaws.com.

39:3-11a. Licenses for hearing-impaired persons.

Upon the application by any operson with a hearing loss of a pure tone average of 41 dB or greater, verified by an otorhinolaryngologist (ENT) or by an audiologist clinically certified by the American Speech, Language, and Hearing Association, the Director of the Division of Motor Vehicles shall issue to the applicant a special dirver's ilcense beraing either the internationsl symbol of the dear of a numberical code designating hearing-impairment, whichever shall be specified by the applicant. The design of the special driver's license shall be approved by the director fo the division of Motor Vehicles. No fee over and above the required fee for a driver's license shall be iposed for the spcial driver's license. For information on points go to www.njlaws.com.

39:3-11. Conditional license; violations; punishment.

Whenever, in the interest of public safety, the director determines that good cause appears therefor he may, in issuing any driver's license, impose thereon: (a) any reasonable restrictions and conditions in light of the applicant's physical condition and driving ability including conditions with repsect to the type of, or special contorl devises required on, a motor vehicle which such applicant may operate; and (b) such other reasonable conditions or restrictions applicable to the applicant as the director may ascertain by tests approved by him to be appropriate to assure the safe operation of a motor vehicle by such applicant.
It shall be unlawful for any person to whom a condition or restricted driver's license has been issued to operate a motor vehicle in violation of any of the conditions or restrictions upon such license.
Any person to whom a conditional or restricted driver's license has been issued who operates a motor vehicle in violation of any of the conditions or restrictions upon such license shall be subject to a fine not exceeding one hundred dollars ($100.00) or imprisonment for a term not exceeding thirday days, or both. For information on points go to www.njlaws.com.

Tuesday, October 21, 2008

39:3-10.28. Contracts and agreements.

The director may enter into or make agreements, arrangements, or delcarations to carry out the provisions of this act. The director may also enter into an agreement or arrangement with the duly authorized representative of another state, the federal government, or province concerning licensing or testing of commercial motor vehicle operators, the exchange of information concerning operators, and their operating history. Such arrangements shall, in the judgment of the director, be in the best interest of this State and its citizens, keeping in mind the public safety benefits that flow to this state from a nationwide system for regulation commercial motor vehicle operators.
For information on points go to www.njlaws.com.

39:3-10.27. Rules and regulations; authority of director.

The direector may adopt any rules and regulations, in accordance with the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), necessary to carry out the provisions of this act, including the regulations necessary to place this State in substantial compliance with the requirements of the federal "Commercial Motor Vehicle Safety Act of 1986," Pub. L. 99-570 (49 U.S.C. 2701 et seq.) and the regulations promulgated pursuant to that federal law.
For information on points go to www.njlaws.com.

39:3-10.26. Number of licenses;penalty for violation.

A person who operates a commercial motor vehicle shall not have more than one driver license.
A person convicted of a violation of this section shall be subject for each offense to a fine of not more than $5,000, or imprisoned for a term of not more than 90 days, or both.
For information on points go to www.njlaws.com.

39:3-10.25. Validity of breath analyses;powers of Attorney General; Uniform Report Form.

Chemical analyses of an arrested person's breath, to be considered valid under the provisions of this act, shall have been performed according to methods approved by the Attorney General, and by a person certified for this purpose by the Attorney General. The Attorney General is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct analyses, and to make certification of such individuals, which certifications shall be subject to termination or revocation at the discretion of the Attorney General. The Attorney General shall prescribe a uniform form for reports of the chemical analysis of breath to be used by law enforcement officers and others acting in accordance with the provisions of this act. Each chief of police in the Case of forms distributed to law enforcement officers and others in his municipality, or the other officer board, or official having charge or control of the police department where there is no chief, and the Director of the Division of Motor Vehicles and the Superintendent of State Police, in the case of such forms distributed to law enforcement officers and other personnel in their division, shall be responsible for the furnishing and proper disposition of such uniform forms. Each responsible party shall prepare or cause to be prepared the records and reports relating tot he uniform forms and their disposition in the manner and at the times prescribed by the Attorney General. Unless otherwise provided by the Attorney General, the approval of methods and techniques, the certificatoin of persons and the prescription of forms of reports pursuant to section 3 of P.L. 19166, c. 142 (C. 39:4-50.3) shall consitutte approval, certification or prescription, as the case may be, for purposes of this section.
For information on points go to www.njlaws.com.

39:3-10.24. Consent to breath examination; consequences of refusal.

a. A person who operates a commercial motor vehicle on a public road, street, or highway, or quasi-public area in this State, shall be deemed to have given his consent to the taking of samples of his breath for the purposes of making chemical tests to determine alcohol concentration; provided, however, that the taking of samples shall be made in accordance with the provisions of his act and at the request of a police officer who has reasonable grounds to believe that the person has been operating a commercial motor vehicle with an alcohol concentration of 0.04% or more.
b. A record of the taking of such a sample, disclosing the date and time thereof, as well as the result of a chemical test, shall be made and a copy thereof, upon request, shall be furnished or made available to the person so tested.
c. In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine, or blood made by a person of physician of his own selection.
d. The police officer shall inform the person tested of his rights under subsection b. and c. of this section.
e. No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcible and against the physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test including the penalties under section 12 of this act (39:3-10.20). A standard statement, prepared by the director, shall be read by the police officer to the person.
f. The court shall revoke for six months the right to operate any motor vehicle of any person who, after being arrested for a violation of section 5 of this act (39:3-10.13), shall refuse to submit to the chemical test provided for in this section when requested to do so, unless the refusal was in connection with a subsequent offense under this section, section 5 of this act, R.S.39:4-50 or section 2 of P.L. 1981, C.512 (C. 39:4-50.4a), in which case the revocation period shall be for 2 years. In addition, a court shall impose the penalties provided in section 12 of this act.
The court shall determine by a preponderance of the evidence whether the arresting officer had probable cause to believe that the person had been operating or was in actual physical control of a commercial motor vehicle on the public highways or quasi-public areas of this state with an alcohol concentration at 0.04% or more, whether the person was placed under arrest, whether he refused to submit to the test upon request of the officer, and if these elements of the violation are not established, no conviction shall issue. In addition to any other requirements provided by law, a person whose diving privilege is revoked for refusing to submit to a chemical test shall satisfy the requirements of a program of alcohol education or rehabilitation pursuant to the provisions of R.S.39:4-50. The revocation shall be independent of any revocation imposed by virtue of a conviction wider the provisions of R.S.39:4-50 or section 12 of this act (39:3-10.20).
In addition to imposing a revocation under this subsection, a court shall impose a fine of not less than $250 or more than $500.
For information on points go to www.njlaws.com.

39:3-10:23. Director's authority to set test conditions.

a. The director may take such steps as are necessary to provide for the efficient, timely and orderly processing of persons required to obtain commercial driver ilcenses under this act. The director may require persons to take teh skills test for the commercial driver license or for an endorsement at the time and place selected by the director. The director may require those persons who fail to satisfactorily complete a knowledge test for the commercial driver license or an endorsement on the initial attempt to take those knowledge tests for a second or subsequent time at a time adn place slected byt he director.
b. If the director determines that persons required to obtain commercial driver licenses and endorsements by April 1, 1992 are not voluntarily and in a timely manner scheduling with the division a date, time adn location for the taking of the knowledge tests or are failing to appear as scheduled, the director may for the timely processing of all such persons require each person to appear for the initial taking of the knowledge tests on a date and at a time and location selected by the director. For information on points go to www.njlaws.com.

39:3-10.22 Waiver of skills test.

The director shall waive the skills test for a commercial driver license applicant who demonstrates that he meets the requirements of a waiver under the federal "Commercial Motor Vehicle Safety ACt of 1986," Pub. L. 99-570 (49 U.S.C. 2701 et seq.).

Tuesday, October 14, 2008

39:3-10.21. Administration of examinations.

The director may, 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 director 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 tot he cost to the State for administering such testing.
The director 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.
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.

39:3-10.19. Waiver; reciprocity.

Notwithstanding any other law to the contrary, a person may operate a commercial motor vehicle in this State if the person has recieved a waiver of the commercial driver license requirements form the Secretary of the United States Department of Transportation or the licensing authority of any other state, has a commercial driver ilcense issued by any state in accordance with minimum federal standards for the issuance of commercial motor vehicle driver licenses, or has a commercial driver license issued by any other jurisdiction in accordance with minimum standards which are substantially similar to the stadards in the federal "Commercial Motor Vehicle Safety Act of 1986," Pub. L. 99-570 (49 U.S.C. 2701 et seq.) and this act. This section shall apply only if the person's driving privilege is not suspended or revoked or canceleld in this State or in the jurisdiction that issued the commercial driving license, and the person is not disqualified from operating a commercial motor vehicle, or subject to an "out of service" order.

39:3-10.17. License eligibility; domicile.

The director shall issue a commercial driver license only to a person who operates or will operate a commercial motor vehicle and is domiciled in this State.
A person shall apply to the director within 30 days after establishing domicile in this State for the transfer of a commercial driver license from the state in which the person was previously domiciled.

39:3-10.16. Director's power to refuse, revoke or suspend license

The director, in his discretion, may refuse to grant a commercial driver license to a person who is, in his estimation, not a proper person to be granted such a license, but no defect of the applicant shall bar him from receiving a license unless it can be shown by tests approved by the director that the defect incapacitates him from safely operation a commercial motor vehicle.
The director may suspend or revoke a license to operate a commercial motor vehicle, may prohibit a person from obtaining such license, or may suspend or revoke the reciprocity privilege of a person for a violation of any provision of Title 39 of the Revised Statutes or for any other reasonable grounds, after due notice in writing of such proposed suspension, revocation, or prohibition and the grounds thereof.

39:3-10.15. Notification of motor vehicle violation convictions

Within 10 days after receiving a report of the conviction of a holder of a commercial driver license for any violation of state law related to motor vehicle traffic control committed in a commercial vehicle, other than a parking violation, or after the disqualification of the holder of a commercial driver license or suspension of privileges for a period of 60 days or more, the division shall notify the driver licensing authority in the licensing state, if other than this State, and the Commercial Driver License Information System of the conviction, suspension, or disqualification. The notification shall include all the information the director deems necessary.

39:3-10.14. Commercial driver license information system

Before issuing a commercial driver license to an applicant, the director shall notify the Commercial Driver License Information System of the proposed issuance and shall request driving record information from the Commercial Driver License Information System, the National Driver Register, and from any other state which has issued a commercial driver license to the applicant to determine whether the applicant has a commercial driver license issued by another state, whether the applicant's driving privilege has been suspended, revoked, cancelled, or whether the applicant has been disqualified from operating a commercial motor vehicle.
The director also shall provide driving record and other information to the licensing authority of any other state, or province or territory of Canada, which requests such information in connection with a commercial driver license. The director may charge such fees as are deemed appropriate to cover the costs of providing information, except that no fee shall be charged if the other jurisdiction does not charge this State for similar requests.
b. Within 10 days after the issuance of a commercial driver license, the director shall notify the Commercial Driver License Information System of that fact, providing all information required to ensure identification of the licensee.

Thursday, October 9, 2008

39:3-10.13 Blood alcohol limit; controlled substances

Notwithstanding any other provision of law to the contrary, a person shall not operate a commercial motor vehicle in this state with an alcohol concentration of 0.04% or more, or while under the influence of a controlled substance.

39:3-10.10. Purpose and construction

The purpose of this act is to reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by strengthening licensing and testing standards for drivers of commercial motor vehicles, and by disqualifying those drivers who have committed certain serious traffic violations or other specified offenses. This act is also designed to substantially conform the laws of this state to the requirements and standards established under the federal "Commercial Motor Vehicle Safety Act of 1986," Pub. L. 99-570 (49 U.S.C. 2701 et seq.) and the regulations promulgated pursuant to that federal law. this act is a remedial law and shall be liberally construed to promote the public health, safety, and welfare.

39:3-10.9. Short title.

This act shall be known and may be cited as the "New Jersey Commercial Drive License Act."

39:3-10.9. Penalties

Any person who is guilty of a violation of section 1 (39:3-10.4) of this act shall be subject to a fine of $50.00 for each violation. Any person who is guilty of a violation of section 2 (39:3-10.5) of this act shall be subject to a fine of $50.00 and, in the discretion of the director of the division of motor vehicles, to suspension or revocation of his driving privileges in accordance with the procedures prescribed by R.S. 39:5-30.

39:3-10.7. Reports kept confidential

Reports subitted pursuant to the provisions of this act (R.S. Cum. Supp. 39:3-10.4 et seq.) shall be for the information of the director of the division of motor vehicles in enforcing state motor vehicle laws and shall be kept in the confidence of the division of motor vehicles and shall not be revealed or used by the division in any manner or any circumstances except for the purpose of determining the eligibility of any person to operate a motor vehicle on the highways of this state.

39:3-10.6. Procedure for evaluation and screening of cases.

In order to be assured that no person is unwarrantedly denied the privilege of operating a motor vehicle in this state because of reports submitted under the provisions of this act (R.S. Cum. Supp. 39:3-10.4 et seq.), the director of the division of motor vehicles, in consultation with the state commissioner of health, shall establish a procedure for evaluation and screening of cases so reported.