39:3-10a Driving with an expired license
fine $0- $500
where
the offender has been licensed in NJ or elsewhere (listed 39:3- 10A in ATS)
or
imprisonment in the county jail for not more than 60 days
39:3-10
b Fine or imprisonment for not more than 60 days and no license to issue for at
least 180 days
39:3-10b Driving without ever being licensed
Fine
$200- $500
or imprisonment in the county jail for not
more than 60 days
39:3-10 No person shall
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.
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 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,
and 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 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. No person shall 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. No person shall 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. No new locations for the road test shall 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 such 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),
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 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%. 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 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.
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 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 48th calendar month following the calendar month in which such
license was issued.
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 such a 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
48-month 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 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 commission 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 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 such a permit or license,
but no defect of the applicant shall 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 such time as 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.
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