A person shall not drive a motor vehicle on a public highway in this State unless the person is under supervision while participating in a behind-the-wheel driving course pursuant to section 6 of P.L.1977, c.25 (C.39:3-13.2a) or is in possession of a validated permit, or a probationary or basic driver's license issued to that person in accordance with this article.
A person under 18 years of age shall not be issued a basic license to
drive motor vehicles, and a person shall not be issued a validated
permit, including a validated examination permit, until the applicant
has passed a satisfactory examination and other requirements as to the
applicant's ability as an operator. The examination shall include: a
test of the applicant's vision; the applicant's ability to understand
traffic control devices; the applicant's knowledge of safe driving
practices, including the dangers of driving a vehicle in an aggressive
manner, which shall include, but not be limited to, unexpectedly
altering the speed of a vehicle, making improper or erratic traffic lane
changes, disregarding traffic control devices, failing to yield the
right of way, and following another vehicle too closely; the applicant's
knowledge of the effects that ingestion of alcohol or drugs has on a
person's ability to operate a motor vehicle; the applicant's knowledge
of the dangers of carbon monoxide poisoning from motor vehicles and
techniques for the safe operation and proper maintenance of a motor
vehicle; the applicant's knowledge of 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 the applicant's
knowledge of the laws and ordinary usages of the road. A person shall
not sit for an examination for any permit without exhibiting photo
identification deemed acceptable by the commission, unless that person
is a high school student participating in a course of automobile driving
education approved by the State Department of Education and conducted
in a public, parochial, or private school of this State, pursuant to
section 1 of P.L.1950, c.127 (C.39:3-13.1). The commission may waive
the written law knowledge examination for any person 18 years of age or
older possessing a valid driver's license issued by any other state, the
District of Columbia, or the United States Territories of American
Samoa, Guam, Puerto Rico, or the Virgin Islands. The commission shall
be required to provide that person with a booklet that highlights those
motor vehicle laws unique to New Jersey. A road test shall be required
for a probationary license and serve as a demonstration of the
applicant's ability to operate a vehicle of the class designated.
During the road test, an applicant may use a rear visibility system,
parking sensors, or other technology installed on the motor vehicle that
enables the applicant to view areas directly behind the vehicle or
alerts the applicant of obstacles while parking.
A person shall not sit for a road test unless that person exhibits
photo identification deemed acceptable by the commission. A high
school student who has completed a 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, who
has been issued a special learner's permit pursuant to section 1 of
P.L.1950, c.127 (C.39:3-13.1) prior to January 1, 2003, shall not be
required to exhibit photo identification in order to sit for a road
test. The commission may waive the road test for any person 18 years of
age or older possessing a valid driver's license issued by any other
state, the District of Columbia, or the United States Territories of
American Samoa, Guam, Puerto Rico, or the Virgin Islands. 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 commission 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. New locations for the road test shall
not be approved unless the test can be given on public streets.
A person who successfully completes a road test for a motorcycle
license or a motorcycle endorsement when operating a motorcycle or
motorized scooter with an engine displacement of less than 231 cubic
centimeters shall be issued a motorcycle license or endorsement
restricting the person's operation of the vehicles to any motorcycle
with an engine displacement of 500 cubic centimeters or less. A person
who successfully completes a road test for a motorcycle license or
motorcycle endorsement when operating a motorcycle with an engine
displacement of 231 or more cubic centimeters shall be issued a
motorcycle license or endorsement without any restriction as to engine
displacement. Any person who successfully completes an approved
motorcycle safety education course established pursuant to the
provisions of section 1 of P.L.1991, c.452 (C.27:5F-36) shall be issued a
motorcycle license or endorsement without restriction as to engine
displacement.
The commission 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, from the date of issuance of a probationary 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; (3) 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), section 1 of 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
violation the commission determines to be significant and applicable
pursuant to regulation; and (4) passed an examination of the applicant's
ability to operate a motor vehicle pursuant to this section.
The commission shall expand the driver's license examination by 20
percent. The additional questions to be added shall consist solely of
questions developed in conjunction with the Department of Health
concerning the use of alcohol or drugs as related to highway safety.
The commission shall develop, in conjunction with the Department of
Health, 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 commission that are of particular relevance to
youthful drivers, including the dangers of driving a vehicle in an
aggressive manner, which shall include, but not be limited to,
unexpectedly altering the speed of a vehicle, making improper or erratic
traffic lane changes, disregarding traffic control devices, failing to
yield the right of way, and following another vehicle too closely, after
consultation with the Director of the Division of Highway Traffic
Safety in the Department of Law and Public Safety.
The commission shall expand the driver's license examination to
include a question asking whether the applicant is aware of the
provisions of the "Revised Uniform Anatomical Gift Act," P.L.2008, c.50
(C.26:6-77 et al.) and the procedure for indicating on the driver's
license the intention to make a donation of body organs or tissues
pursuant to section 1 of P.L.1978, c.181 (C.39:3-12.2).
The commission shall expand the driver's license examination to
include a question asking whether the applicant is aware of the dangers
of failing to comply with this State's motor vehicle traffic laws and
the "STOP for Nikhil Safety Pledge" set forth in subsection e. of
R.S.39:3-41.
The commission shall expand the driver's license examination to
include questions concerning the dangers of carbon monoxide poisoning
from motor vehicles and techniques for the safe operation and proper
maintenance of a motor vehicle.
Any person applying for a driver's license to operate a motor vehicle
or motorized bicycle in this State shall surrender to the commission
any current driver's license issued to the applicant by another state or
jurisdiction upon the applicant's receipt of a driver's license for
this State. The commission 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 commission, 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.
The commission 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 or any vehicle defined as a motorcycle pursuant to R.S.39:1-1
having a motor with a maximum piston displacement that is less than 50
cubic centimeters or a motor that is rated at no more than 1.5 brake
horsepower with a maximum speed of no more than 35 miles per hour on a
flat surface.
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 holder of a basic
driver's license or a separately issued motorcycle license shall be
authorized to operate a motorcycle having a motor with a maximum piston
displacement that is less than 50 cubic centimeters or a motor that is
rated at no more than 1.5 brake horsepower with a maximum speed no more
than 35 miles per hour on a flat surface.
The commission, upon payment of the lawful fee and after it or a
person authorized by it has examined the applicant and is satisfied of
the applicant's ability as an operator, may, in its discretion, issue a
license to the person to drive a motor vehicle. The license shall
authorize the applicant to drive any registered vehicle, of the kind or
kinds indicated.
The license shall expire, except as otherwise provided, during the
fourth calendar year following the date in which the license was issued
and on the same calendar day as the person's date of birth. If the
person's date of birth does not correspond to a calendar day of the
fourth calendar year, the license shall expire on the last day of the
person's birth month.
The commission may, at its discretion and for good cause shown, issue
licenses which shall expire on a date fixed by it. If the commission
issues a license to a person who has demonstrated authorization to be
present in the United States for a period of time shorter than the
standard period of the license, the commission shall fix the expiration
date of the license at a date based on the period in which the person is
authorized to be present in the United States under federal immigration
laws. The commission may renew the license only if it is demonstrated
that the person's continued presence in the United States is authorized
under federal law. The fee for licenses with expiration dates fixed by
the commission shall be fixed by the commission in amounts
proportionately less or greater than the fee herein established.
The required fee for a license for the license period shall be as follows:
Motorcycle license or endorsement: $18.
Omnibus or school bus endorsement: $18.
Basic driver's license: $18.
The commission shall waive the payment of fees for issuance of
omnibus endorsements whenever an applicant establishes to the
commission's satisfaction that the 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 commission shall issue licenses for the following license period
on and after the first day of the calendar month immediately preceding
the commencement of the period, the licenses to be effective
immediately.
All applications for renewals of licenses shall be made in a manner
prescribed by the commission and in accordance with procedures
established by it.
The commission in its discretion may refuse to grant a permit or
license to drive motor vehicles to a person who is, in its estimation,
not a proper person to be granted a permit or license, but a defect of
the applicant shall not debar the applicant from receiving a permit or
license unless it can be shown by tests approved by the commission that
the defect incapacitates the applicant 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 commission 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.
If the commission 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 commission shall refuse to
grant the permit or license until the time when the document may be
verified by the issuing agency to the commission's satisfaction.
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, the applicant shall be subject to a fine of
not less than $200 and, in addition, the court shall issue an order to
the commission requiring the commission 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
commission.
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.
As used in this section:
"Parking sensors" means proximity sensors which use either
electromagnetic or ultrasonic technology and are designed to alert the
driver to obstacles while parking.
"Rear visibility system" means devices or components installed on a
motor vehicle at the time of manufacture that allow a forward facing
driver to view a visual image of the area directly behind the vehicle.
amended 1938, c.66, s.6; 1953, c.72; 1955, c.8, s.5; 1955, c.76, s.1;
1957, c.108; 1964, c.118; 1968, c.130, s.2; 1977, c.25, s.1; 1979,
c.97, s.1; 1979, c.261, s.5; 1980, c.105, s.7; 1981, c.322, s.2; 1982,
c.45, s.1; 1983, c.162; 1983, c.163; 1983, c.403, s.7; 1984, c.33, s.2;
1985, c.264, s.2; 1987, c.20, s.1; 1988, c.8, s.2; 1991, c.452, s.7;
1992, c.110, s.1; 1993, c.34, s.1; 1998, c.108, s.1; 1999, c.28, s.2
(Title of 1999, c.28 amended 2001, c.391, s.1); 2001, c.391, s.2; 2001,
c.420, s.3; 2003, c.13, s.37; 2008, c.50, s.24; 2009, c.38, s.1; 2011,
c.13, s.1; 2015, c.36, s.1; 2015, c.78, s.1; 2016, c.41; 2016, c.81,
s.2; 2017, c.91, s.1; 2017, c.165, s.10.
