39:3-10.18 Commercial Driver License
Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets throughout New Jersey, including drivers charged with driving commercial vehicle without a commercial driver license.
Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. MVC [Division of Motor Vehicles] or have your license suspended. Don't give up! The Law Office of Kenneth Vercammen offers information and possibly provide experienced attorney representation for motor vehicle violations.
When your driver's license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Please call us if you need experienced legal representation in a traffic/municipal court matter.
Our website www.njlaws.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.
The following is the law in New Jersey with all the amendments, dealing with driving a commercial vehicle without a commercial drivers license as of April 2004:
39:3-10.18. Possession of valid commercial driver license mandatory and penalties for driving a commercial vehicle without a commercial driver license
(2) On and after April 1, 1992, and except when operating under a valid commercial driver examination or learner's permit and accompanied by the holder of a commercial driver license valid for the class of vehicle being operated, a person shall not operate a commercial motor vehicle unless the person has been issued and is in possession of a valid commercial driver license and applicable endorsements for the class and type of vehicle being operated. A person shall not operate a commercial motor vehicle if the person is restricted from operating a commercial vehicle of that class or type.
(3) A person violating this subsection shall be fined not less than $250 or more than $500, or imprisoned for not more than 60 days, or both. This penalty shall not be applicable in cases where failure to have actual possession of the commercial driver license is due to an administrative or technical error by the division. If a person charged with a failure to have possession of a valid commercial driver license can exhibit the license to the judge of the court before whom he is summoned to answer to a charge and the license was valid on the day the person was charged, the judge may dismiss the charge. However, the judge may impose court costs.
b. (1) A person who has been refused a commercial driver license, whose commercial motor vehicle driving privilege or any endorsement has been suspended or revoked, who has been prohibited or disqualified from operating a commercial motor vehicle, who is subject to an out of service order, or whose driving privilege is suspended or revoked, shall not operate a commercial motor vehicle during the period of refusal, suspension, revocation, prohibition, or disqualification, or during the period of the out of service order.
(2) A person who violates this subsection shall, upon conviction, be fined not more than $5,000 for each offense, or imprisoned for a term of not more than 90 days, or both. If a person is involved in an accident resulting in personal injury to another person while operating a commercial motor vehicle in violation of this subsection, the court shall impose both a period of imprisonment for 90 days and a fine of $5,000.
In addition, the commercial motor vehicle driving privilege of a person convicted under this subsection shall be suspended in accordance with section 12 of this act.
39:3-10.20. Suspension of commercial motor vehicle driving privilege a. In addition to any other penalty provided by law, a court shall suspend for not less than one year nor more than three years the commercial motor vehicle driving privilege of a person for a first violation of:
(1) R.S. 39:4-50 if the motor vehicle was a commercial motor vehicle or section 5 of this act.
(2) R.S. 39:4-129 if the motor vehicle was a commercial motor vehicle operated by the person.
(3) Using a commercial motor vehicle in the commission of any "crime" as defined in subsection a., c., or d. of N.J.S. 2C:1-4.
(4) Refusal to submit to a chemical test under section 2 of P.L. 1966, c.142 (C.39:4-50.2) or section 16 of this act if the motor vehicle was a commercial motor vehicle.
(5) Paragraph (1) of subsection b. of section 10 of this act.
b. If a first violation of any of the violations specified in subsection a. of this section takes place while transporting hazardous material or takes place in a vehicle displaying a hazardous material placard, the court shall suspend the commercial motor vehicle driving privilege of the person for three years.
c. Subject to the provisions of subsection d. of this section, the court shall revoke for life the commercial motor vehicle driving privilege of a person for a second or subsequent violation of any of the offenses specified in subsection a. or any combination of those offenses arising from two or more separate incidents.
d. The director may issue rules and regulations establishing guidelines, including conditions under which a revocation of commercial motor vehicle driving privilege for life under subsection c. may be reduced to a period of not less than 10 years.
e. Notwithstanding any other provision of law to the contrary, a court shall revoke for life the commercial motor vehicle driving privilege of a person who uses a commercial motor vehicle in the commission of a crime involving the manufacture, distribution, or dispensing of a controlled substance or controlled substance analog, or possession with intent to manufacture, distribute, or dispense a controlled substance or controlled substance analog. A revocation under this subsection shall not be subject to reduction in accordance with subsection d. of this section.
f. A court shall suspend the commercial motor vehicle driving privilege of a person for a period of not less than 60 days if the person is convicted of a serious traffic violation and that conviction constitutes the second serious traffic violation committed in a commercial motor vehicle in this or any other state arising from separate incidents occurring within a three year period. A court shall suspend the commercial motor vehicle driving privilege for 120 days if the conviction constitutes the third or subsequent serious traffic violation committed in a commercial motor vehicle in this or any other state arising from separate incidents occurring within a three year period.
g. After suspending, revoking, or canceling a commercial motor vehicle driving privilege, a court shall make a report to the director within three days in such form as the director may require. The director shall notify the Commercial Driver License Information System of the suspension, revocation, or cancellation. In the case of non-residents, the director also shall notify the licensing authority of the state which issued the commercial driver license or the state where the person is domiciled. The director shall provide these notices within 10 days after the suspension, revocation, cancellation, or disqualification.
h. The director shall in accordance with this section suspend a commercial motor vehicle driving privilege of a person holding, or required to hold, a commercial driver license issued by this State if the person is convicted in another state or foreign jurisdiction of an offense of a substantially similar nature to the offenses specified in subsection a., e., or f. of this section. For purposes of this section, a violation such as driving while intoxicated, driving under the influence, or driving while ability is impaired shall be considered substantially similar offenses. For purposes of this section, a violation committed in another state but substantially similar to those enumerated in subsection a. of this section committed in this State shall be included.
i. Notwithstanding any other provision of law to the contrary, a conviction under this section, or section 5 or 16 of this act, shall not merge with a conviction for a violation of R.S. 39:4-50 or section 2 of P.L. 1966, c.142 (C.39:4-50.2).
CONCLUSION
If charged with a traffic offense, immediately schedule an appointment with a trial attorney. Don't rely on a real estate attorney, public defender or a family member who simply attended law school. When your driving privileges and ability to drive to work is on the line, hire an experienced attorney.
