CHAPTER 6. LEARNER’S AND EXAMINATION PERMITS
39A:6-L1. Definitions
“Permit” means both a special learner’s permit and an examination permit unless
otherwise specified.
“Supervising driver” means a New Jersey licensed driver at least 21 licensed to
drive a motor vehicle of the class operated by the permit holder for not less than three
years. This term does not include a motor vehicle examiner administering a driving skills
test.
Source: 39:3-13.
COMMENT
This section is new. In an effort to limit duplication and the repetitive use of various terms within
a single section or chapter, the terms included above were defined so that the term, rather than the longer
definition, could be used in the text of the statute.
39A:3-L2. Driving in New Jersey
A person shall not operate a motor vehicle on a public highway in this State
unless the person:
a. Has a validated permit;
b. Has a driver's license, or
c. Is under supervision while participating in an approved New Jersey behind-thewheel driving course.
Source: 39:3-10.
COMMENT
This section is new. It contains pieces of the old 39:3-10. The licensing and registration sections
of Title 39 are two of the sections that have been most heavily revised. In the existing Title 39, registration
and licensing requirements are mixed together throughout approximately 120 sections of the statute and are
no longer in any particular order. Provisions regarding Commercial Driver Licenses, touring privileges,
tires and others are interspersed throughout the licensing and registration provisions. An effort was made
in this draft chapter to reorganize the licensing provisions - consolidating them and putting them in an
order. Since the current statute does not set forth the requirement of a license for driving in this State in
clear direct terms, this section begins with that requirement for the sake of clarity.
39A:3-L3. Learner’s and examination permits
a. A permit is required for all individuals seeking a license to drive for the first
time. A person may obtain a learner’s permit or an examination permit, as appropriate.
b. A learner’s permit is authorization to operate a dual pedal controlled motor
vehicle in the company, and under the control, of a teacher certified to instruct in an
approved behind-the-wheel driving education course, a licensed drivers' school instructor,
or a representative of the Commission while taking the driver’s license examination.
Title 39 - Memorandum July 11, 2005 - Page 1 of 17
/t39/t39M071105.doc
c. The Commissioner may issue a learner’s permit to a person at least 16 years
old, which is valid until the holder’s 17th birthday or until the holder qualifies for a
provisional license, whichever occurs first.
d. A learner’s permit shall be issued only if the applicant presents an application
certified by the school principal, if enrolled in a behind-the-wheel driving education
course, or by the operator of the driving school where the applicant received behind-thewheel driving instruction. A learner’s permit issued to a person taking a behind-the-wheel
driving course in a school shall be retained in the school principal’s office except when
the person is undergoing behind-the-wheel instruction. Upon successful completion of an
approved written examination, eye examination and minimum six-hour behind-the-wheel
driving course, the learner’s permit shall be validated by the Commission and retained in
the possession of the person to whom it was issued. The permittee and the teacher or
instructor are accountable for all violations of Title 39 committed by the permittee in the
presence of the teacher or instructor.
e. An examination permit is authorization to operate a designated class of motor
vehicle with a supervising driver. The Commissioner may issue an examination permit to
a person over 17 to allow the person to operate and take the license examination
regardless of completion of a behind-the-wheel driving course. The permit holder and the
supervising driver are accountable for all violations of Title 39 committed by the
permittee in the presence of the supervising driver.
f. An examination permit issued to a person under 21 is valid for six months. An
examination permit issued to a person over 21 is valid for three months. An examination
permit issued to a disabled person is valid for nine months.
g. Upon application, a permit period may be extended for up to 60 days, without
payment of an added fee, if the holder applied to take the driver’s license examination
before the expiration of the original permit but the Commissioner was unable to schedule
an examination during that period.
Source: 39:3-13; 39:3-13.1; 39:3-13.2; 39:3-13.2a; 39:3-13.4. 39:3-10; 39:3-13.1;
39:3-41; 39:3-13; 39:3-13.2a; 39:3-13.4.
COMMENT
This section contains a streamlined, consolidated description of the two available permits which
was culled from a review of the existing sections. The permits are not described in this way in the existing
statute, but it appears that a simple, summary explanation might be helpful. This section reorders and
consolidates the information regarding permits found in various other sections of the statute.
39A:3-L4. Requirements for permits
a. A person shall not be issued a learner’s or examination permit until the person
passes an approved written examination and complies with any other requirements
imposed by law or regulation regarding vehicle operation. A person may not take the
examination for a permit without acceptable photo identification unless that person is a
high school student participating in an approved course of driving education.
b. The written examination shall include a test of the applicant's vision, ability to
understand traffic control devices, and knowledge of:
Title 39 - Memorandum July 11, 2005 - Page 2 of 17
/t39/t39M071105.doc
1. Safe driving practices;
2. The effects of alcohol or drugs on the ability to operate a vehicle;
3. The mechanics of vehicles sufficient to insure the safe operation of the
applicant’s vehicle; and
4. The laws and ordinary usages of the road.
c. The examination shall include questions developed by the Commission and the
State Department of Health and Senior Services concerning the use of alcohol or drugs as
related to highway safety. Those questions shall be on subjects determined to be relevant
to youthful drivers by the Commission and the Commissioner of the Office of Highway
Traffic Safety. One question shall ask whether the applicant is aware of New Jersey’s
“Uniform Anatomical Gift Act,” and the procedure for indicating on a driver's license the
intention to make a donation of body organs or tissues.
d. In addition to the written examination, an applicant shall submit an application
and the required fee with satisfactory proof of:
1. Identity;
2. Age;
3. Legal residency, showing the applicant's presence in the United States is
authorized under federal law; and
4. An applicant under 18 shall submit the signature of a parent or
guardian. The Commission shall postpone for six months the driving privileges of any
person who submits a fraudulent signature for a parent or guardian;
e. If the Commission has reasonable cause to suspect that a document presented
pursuant to subsection (e) is altered, false or otherwise invalid, the Commission shall
refuse to grant the permit or license until the document is verified by the issuing agency.
f. When issuing a permit, the Commissioner shall make available a current
driver's manual and any supplements containing all information necessary to answer any
question on an examination for a driver's license or a renewal.
Source: 39:3-10; 39:3-10f; 39:3-12.2. 39:3-10; 39:3-13.1; 39:3-41.
COMMENT
This section combines select portions of several existing sections, to identify, in a single section,
the requirements for learners and examination permits. The language of (c)(3) above replaces “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 ad of the laws and ordinary usages of the road.”
39A:6-L5. Provisional driver’s license
a. A provisional license is a limited license provided to first-time licensees. The
limitations imposed by the license are designed to decrease some of the risks of driving
while inexperienced drivers gain proficiency. All of the requirements of a basic license
apply to a provisional license.
b. To obtain a provisional driver’s license, an applicant shall:
Title 39 - Memorandum July 11, 2005 - Page 3 of 17
/t39/t39M071105.doc
1. Be at least 17 years of age;
2. Satisfactorily complete an approved behind-the-wheel driving course as
indicated upon the face of the learner’s permit over the signature of the principal or the
person operating the school in which the course was conducted;
3. Secure an examination permit;
4. Complete six months' driving experience with a validated permit; and
5. Pass the road test.
c. A provisional license requires a road test to demonstrate the ability to operate a
vehicle. The test shall be given on public streets where practicable, but may be preceded
by an off-street screening to assess basic skills. The Commission shall approve new
public street locations for the test which pose no more than a minimal risk of injury to the
applicant, the examiner and other motorists.
d. A provisional license may be sent by mail and shall be distinguishable in
appearance from a basic license in a manner deemed appropriate by the Commissioner.
e. A provisional license does not automatically become a basic driver’s license.
After one year of driving with a provisional driver’s license, the licensee must return to
the MVC to obtain a basic license.
Source: 39:3-13; 39:3-13.1; 39:3-13.2; 39:3-13.2a; 39:3-13.4.
COMMENT
This section consolidates the requirements for a provisional driver’s license currently found in a
number of different sections of the statute.
39A:6-L6. Operation of vehicle pursuant to permit or provisional driver’s license
a. A motor vehicle may be operated by a holder of a learner’s permit, with a
supervising driver, only between 5:01 a.m. and 11:00 p.m.
b. Neither an examination permit holder nor a provisional driver’s license holder
shall drive between 12:01 a.m. and 5 a.m. except for:
1. 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
2. A bona fide employment or religion-related activity if the employer or
religious authority provides satisfactory written verification of the activity to the
Commissioner.
c. A supervising driver of a passenger automobile shall sit in the front seat of the
vehicle.
d. Except during a behind-the-wheel driving course, a permit or provisional
license holder shall not operate a passenger vehicle with more than one passenger, unless
the driver is at least 21 or the passenger is a person with whom the driver resides or is at
least 21.
Title 39 - Memorandum July 11, 2005 - Page 4 of 17
/t39/t39M071105.doc
e. A permit or provisional license holder shall not use an interactive wireless
communication device while operating a moving vehicle, except in an emergency. "Use"
shall include talking or listening on any interactive wireless communication device, or
operating its controls.
f. A permit or provisional license holder shall ensure that all occupants of the
vehicle are secured with properly adjusted and fastened seat belts or child restraint
systems.
Source: 39:3-13; 39:3-13.1; 39:3-13.2; 39:3-13.2a; 39:3-13.4.
COMMENT
This section streamlines and consolidates the provisions regarding the operation of a vehicle
pursuant to a permit in order to eliminate duplication and so that the requirements and limitations are found
in a single section of the statute.
39A:3-L7. License classifications
The Commission shall issue the following classes of general driver’s license:
a. Motorcycle: Includes all motorcycles but not three-wheeled vehicles with a cab
enclosing the occupant, seats like a passenger vehicle, seat belts and automotive steering.
A driver's license for motorcycles may be issued as a separate license, but if issued to the
holder of a basic driver's license, it shall be by endorsement.
b. Bus: Includes busses classified by 39:3-10.1 and school buses as classified by
18:39-1 et seq. Any issuance of such a license shall be by endorsement on the basic
driver's license.
c. Basic: Includes non-commercial passenger vehicle licenses other than those for
a motorcycle or bus. Drivers obtaining a license for the first time are required to obtain a
provisional license before obtaining a basic license.
Source: 39:3-10.
COMMENT
This section summarizes the general, non-CDL licenses or endorsements that are available. There
are other specialized types of licenses that are available, such as farm licenses and well-drilling licenses.
The Commission may wish to include those in this section, or to make a reference to them.
39A:3-L8. Requirements for basic license
a. To obtain a basic driver’s license, an applicant shall:
1. Submit an application on the appropriate forms and pay the fee;
2. Be 18 years of age or older;
3. Submit satisfactory proof of identity, age, and legal residency showing
the applicant's presence in the United States is authorized under federal law;
4. Satisfactorily complete the written examination; and
5. Satisfactorily complete a road test demonstrating ability to operate a
vehicle.
Title 39 - Memorandum July 11, 2005 - Page 5 of 17
/t39/t39M071105.doc
6. For first-time licensees, operate a vehicle for at least one year, not
including any period of suspension or postponement, from the date of issuance of a
provisional license in compliance with Title 39 and tot have been assessed more than two
motor vehicle points or been convicted in the previous year for a violation of R.S.39:450, C.39:4-50.4a, C.39:4-50.14, R.S.39:4-129, N.J.S.2C:11-5, N.J.S.2C:12-1(c), or any
other motor vehicle-related violation the Commission determines to be significant
pursuant to regulation.
b. A road test shall not be held for a basic driver's license until at least six months
after the validation of the permit for an applicant under 21, or three months for an
applicant at least 21. For other licenses or endorsements, no road test shall be held until
20 days have passed except, in the case of a bus endorsement, no road test shall be
scheduled until 10 days have passed.
c. An applicant who has a provisional license for at least one year need not retake
the written or road examination before obtaining a basic license.
d. The Commission may waive the written examination or the road test, or both,
for any person at least 18 possessing a valid driver's license issued by any other state, the
District of Columbia or the United States Territories. The Commission shall provide that
person with a booklet that highlights the motor vehicle laws unique to New Jersey.
e. When a the results of a written examination administered as part of a high
school driver education program are accepted in satisfaction of the written exam
requirement for a license, a certified driver education instructor or special education
teacher may read the exam to a student diagnosed by a local child study team as having a
deficiency in reading or perception or a cognitive difficulty associated with a learning
disability. The student shall record responses on the appropriate answer sheet.
Source: 39:3-13a; 39:3-10; 39:3-10f; 39:3-12.2.
COMMENT
This section streamlines and consolidates the requirements for a basic license that are currently
found in several sections of the statute. The language in (a)(6) may be appropriate for change. As
mentioned for other sections of the statute, a string of citations with no reference to the substance of the
sections is not particularly helpful to a reader. In addition, a general reference to regulations with no
guidance as to where to look for such regulations may be unnecessarily confusing. Also, it may be more
appropriate to relocate the provisions of (b) that pertain to licenses other than the basic license. In (e), I
will confirm that “local child study team” is the currently accepted terminology.
39A:3-L9. Issuance of license
a. An applicant for a New Jersey driver’s license shall surrender any current
driver's license issued by another jurisdiction upon receipt of the New Jersey license.
Failure to do so shall result in the revocation of the New Jersey license.
b. An applicant under 18 seeking a permit or license who holds a permit or license
for a passenger vehicle issued by another jurisdiction is subject to the requirements and
penalties imposed on New Jersey applicants of the same age. If the other jurisdiction has
permit or license standards substantially similar to those of New Jersey, the Commission
may issue a permit or license without imposing the testing requirements.
Title 39 - Memorandum July 11, 2005 - Page 6 of 17
/t39/t39M071105.doc
c. The Commission may refuse to grant a driver’s permit or license to a person it
determines should not have one. No infirmity shall preclude an applicant from receiving
a permit or license unless it can be shown by approved tests that the infirmity inhibits the
safe operation of a motor vehicle.
d. With every new or renewal license and new or renewal identification card, but
not with a temporary license or learner’s permit, the Commissioner shall provide the
opportunity for a person to designate the choice to donate all or any body organs or parts
for transplantation, therapy, medical research or education upon that person’s death
pursuant to the provisions of the "Uniform Anatomical Gift Act".
Source: 39:3-10; 39:3-10f; 39:3-12.2.
COMMENT
This section streamlines and consolidates the provisions regarding the issuance of a license.
39A:3-L10. License duration; fee
a. A driver’s license shall be valid for four years from the date of issuance.
Alternatively, the Commission may, for good cause shown, issue licenses which expire
on a date fixed by it.
b. A person 70 years of age or older may elect to have a license issued for a
period of either two or four years, which election may not be altered by the
Commissioner.
c. The expiration of a license issued to an applicant who may legally remain in the
United States for a shorter period than the standard license duration shall be based on the
termination of the authorized presence in the United States by federal law. The
Commission may renew such license only if the applicant's continued presence in the
United States is authorized by federal law. This section shall not be construed to alter or
extend the expiration of a license issued prior to the operative date of this chapter.
d. The fee for a basic license, and for a motorcycle or a bus license whether issued
as a separate license or as an endorsement, is $18 plus the digitized picture fee for a four
year license and $9 plus the digitized picture fee for the two year license. The
Commission shall waive the fee for a bus license used exclusively for operating buses
owned by a nonprofit organization incorporated in New Jersey. The fee for licenses with
expiration dates fixed by the Commission shall be fixed in amounts proportionately less
or greater than the fee for a standard term license.
Source: 39:3-10; 39:3-14; 39:3-87.
COMMENT
This section streamlines and consolidates the current language pertaining to duration and fees.
39A:3-L11. Application for driver’s license or renewal
a. An application for a driver's license or renewal shall include the current street
address of the residence or business of the applicant. A post office box may appear on a
driver's license application only as part of a mailing address in addition to the street
address. Upon application, the Commissioner shall permit a applicant who was a victim
Title 39 - Memorandum July 11, 2005 - Page 7 of 17
/t39/t39M071105.doc
of a violation of N.J.S. 2C:12-10, N.J.S. 2C:14-2, or N.J.S. 2C:25-17 et seq., or who has
good cause, to use an address other than a residence or business address on the license.
b. A driver's license shall contain the legal name and the signature of the licensee.
An electronic representation of the signature is permissible. A person whose name is
changed by marriage, divorce or order of court shall notify the Commissioner of the
change within two weeks after the change is made. A person who fails to notify the
Commissioner of a change of name shall be subject to a fine but not a surcharge pursuant
to 17:29A-35.
c. Applications for renewals of licenses shall be made in accordance with
procedures established by the Commission.
d. An applicant for a driver's license application or renewal shall be offered an
opportunity to register to vote and a copy of the drivers manual and any supplements.
Source: 39:3-9a; 39:3-9b; 39:3-10m; 39:3-12.1; 39:3-41.
COMMENT
This section streamlines and consolidates the language in the original sections of the statute.
39A:3-L12. Vision screening
a. The Commission shall require every licensed driver to pass a vision screening
at least once every 10 years as a condition for the renewal of a driver's license or
endorsement. The vision screening may be certified by the Commission or by a licensed:
optometrist, ophthalmologist, ophthalmic dispenser, or licensed to practice medicine and
surgery.
b. If screening shows a need for corrective eyewear or corrective action, renewal
is conditioned upon compliance with the corrective action. The Commission may require
a road test to determine the adequacy of the corrective action.
Source: 39:3-10c; 39:3-10d.
COMMENT
This section contains the substance of the original statutory sections, but has been streamlined and
consolidated.
39A:3-L13. Epileptiform seizures
a. A physician treating a person 16 or older for recurrent convulsive seizures,
recurrent periods of unconsciousness, or impairment or loss of motor coordination due to
conditions including any form of epilepsy, shall, when such conditions persist or recur
despite medical treatments, report this to the Commissioner within 24 hours after the
physician’s determination of such fact. The Commissioner, in consultation with the State
Commissioner of Health, shall furnish the forms for such reports and establish a
procedure for evaluation and screening of reported cases.
b. A person subject to a condition described in (a) shall report the existence of the
condition to the Commissioner.
Title 39 - Memorandum July 11, 2005 - Page 8 of 17
/t39/t39M071105.doc
c. Reports submitted pursuant to this section shall be confidential. The reports
shall not be revealed or used by the Commission in any manner except to determine the
eligibility of a person to operate a motor vehicle in this State.
d. A person guilty of a violation of (a) is subject to a fine of $50 for each
violation. A person guilty of a violation of (b) is subject to a fine of $50 and, in the
discretion of the Commissioner, suspension or revocation of driving privileges in
accordance with the procedures in R.S. 39:5-30.
Source: 39:3-10.4; 39:3-10.5; 39:3-10.6; 39:3-10.7; 39:3-10.8.
COMMENT
This section contains the substance of the original sections, but streamlines the language and
consolidates the requirements into a single section.
39A:3-L14. Special license for hearing impaired individual
a. On application by a person with a hearing loss of a pure tone average of 41 dB
or greater, verified by an otorhinolaryngologist (ENT) or an audiologist certified by the
American Speech, Language, and Hearing Association, the Commissioner shall issue a
special driver's license bearing either the international symbol of the deaf or a numerical
code designating hearing-impairment, as specified by the applicant.
b. The design of the special driver's license shall be approved by the
Commissioner.
c. No fee beyond that required for a basic license shall be imposed for this license.
Source: 39:3-11a.
COMMENT
This section contains the substance of the original, but streamlines the language.
39A:3-L15. Motorcycle license; two year probation; waiver of road test
a. A person may not operate a motorcycle without a motorcycle license or
endorsement.
b. An applicant for a motorcycle license or an endorsement to a basic license must
satisfy the requirements for a basic driver’s license except that:
1. An applicant for an endorsement need not take the written exam; and
2. The Commissioner may waive the road test portion of the examinations
for a holder of an examination permit that successfully completed an approved
motorcycle safety education course.
Source: 39:3-10b; 39:3-10.31.
COMMENT
This section consolidates requirements for a motorcycle license currently found in separate
sections of the statute.
Title 39 - Memorandum July 11, 2005 - Page 9 of 17
/t39/t39M071105.doc
39A:3-L16. Special license for motor vehicle with capacity of more than six
passengers
a. A person shall not drive the following vehicles without a special license:
1. A motor vehicle with a capacity of more than six passengers used for
transporting passengers for hire or to or from summer day or residence camps; or
2. A bus used for the transportation of passengers, except a bus used in
ride-sharing arrangements, as a taxicab, or to transport children to and from any school.
b. The special license is issued by the Commissioner for residents of this State but
a nonresident may be licensed pursuant to the laws of his or her resident state with
respect to the licensing of bus drivers.
c. A special license shall not be granted by the Commissioner until the applicant:
1. Is at least 18 years of age;
2. Passes an approved examination determining driving ability and
familiarity with the mechanism of the vehicle; and
3. Presents satisfactory evidence of at least three years of driving
experience, good character and physical fitness.
d. A special license is effective until suspended or revoked by the Commissioner,
provided the special licensee also holds a New Jersey basic license.
e. The holder of a special license shall furnish satisfactory evidence of continuing
physical fitness, good character and experience at the time of application renewal or at
such other time and in the form the Commissioner requires.
f. A person applying for a special license for the transporting of children to and
from schools shall comply with section C. 18A:39-19.1.
g. Drivers of buses or other vehicles used by a school for transporting pupils to
and from school shall, in addition to any examination required by law, submit to a
medical exam for the presence of alcohol, narcotics or habit-producing drugs within the
scope of the "New Jersey Controlled Dangerous Substances Act".
h. The Commissioner may suspend or revoke a license granted under this section
for a violation of this subtitle, or other reasonable grounds, including an opinion by the
Commissioner that the licensee is physically or morally unfit. The Commissioner shall,
upon receiving notice of disqualification from the Commissioner of Education pursuant
to C. 18A:39-19.1, immediately revoke a special license without a further hearing.
i. An applicant for an examination permit for a bus or an articulated vehicle
endorsement shall hold a valid basic driver's license.
Source: 39:3-10.1; 39:3-10.1a. 39:3-13; 39:3-13.1; 39:3-13.2; 39:3-13.2a; 39:313.4
COMMENT
This section streamlines and consolidates the requirements of the original.
Title 39 - Memorandum July 11, 2005 - Page 10 of 17
/t39/t39M071105.doc
39A:3-L17. Special agricultural license for persons 16 years of age
a. A person at least 16 but not yet 17 may be licensed to drive motor vehicles in
agricultural pursuits if the person passes an approved examination demonstrating ability
as an operator.
b. The Commissioner may license the applicant to drive any motor vehicle
registered under R.S.39:3-24 and R.S.39:3-25 upon: payment of the lawful fee,
examination of the applicant and confirmation of the applicant's ability as an operator. A
registration and license issued pursuant to this section shall expire on March 31st of each
year. The annual license fee for such license shall be $1.
c. The holder of an agricultural permit or license is subject to the requirements,
restrictions and penalties applicable to special learner's permit holders.
d. The agricultural license is for limited use only, may not be used in the
operation of any other vehicle, and shall have the name of the licensee endorsed on it in
the licensee’s own handwriting. No such license shall be granted unless a parent or
guardian consents, in writing.
e. The Commissioner may refuse to grant an agricultural license to a person
deemed not a proper holder.
f. The holder of an agricultural license is entitled to a provisional driver's license
upon attaining the age of 17.
Source: 39:3-11.1; 39:3-11.2.
COMMENT
This section streamlines and consolidates the original sections.
39A:3-L18. Special license for well-drilling machines or equipment and powered
feed impregnating machines
a. The Commissioner may license traction or tractor well-drill machines or
equipment, however mounted.
b. The Commissioner, may license any truck equipped with rubber tires which has
a permanently affixed powered feed impregnating machine.
c. A license issued pursuant to this section shall be $3 per year or any portion
thereof, and shall permit the vehicles to travel upon the public highways of this State.
Source: 39:3-26.
COMMENT
This section contains the substance of the original.
39A:3-L19. License with restrictions or conditions
a. When the Commissioner determines that public safety requires, reasonable
restrictions and conditions may be imposed on the issuance of a driver’s license based on
an applicant's physical condition and driving ability, including conditions regarding
special control devices required on a vehicle the applicant may operate.
Title 39 - Memorandum July 11, 2005 - Page 11 of 17
/t39/t39M071105.doc
b. It is unlawful for a person with a conditional or restricted driver's license to
operate a vehicle in violation of any of the conditions or restrictions.
c. A person with a conditional or restricted license who operates a motor vehicle
in violation of any of the conditions or restrictions shall be subject to a fine not exceeding
$100, imprisonment for a term not exceeding 30 days, or both.
Source: 39:3-11.
COMMENT
This section contains the substance of the original, but streamlines the language.
39A:3-L20. Driver’s license format
a. Each New Jersey license and renewal shall display a digitized color picture of
the licensee. The Commissioner may require that the licensee’s picture be updated on
renewal of the license or may choose to use the stored picture for a period not exceeding
four additional years for $18 plus the digitized picture fee. When a person has
reconstructive or cosmetic surgery which significantly alters facial features, the person
shall notify the Commission and may be required to update a license for $5 plus the
digitized picture fee.
b. Each license issued to a person under 21 shall be conspicuously distinct from
those issued to persons 21 or older. The Commissioner, in consultation with the
Superintendent of State Police, shall determine the manner in which to achieve this result.
The license shall bear the words "UNDER 21" in a conspicuous manner. Upon reaching
21, a licensee shall be issued a new or a replacement license, as appropriate, for $5 plus
the digitized picture fee.
c. The Commissioner shall prescribe procedures for designating on a license that a
person has elected to be an organ donor. The designation shall not appear on a temporary
license or learner's permit but shall be appear in a conspicuous manner on a license or
identification card, and electronically, as "ORGAN DONOR". The designation shall
constitute sufficient legal authority for the removal of a body organ or part upon the death
of the licensee or identification card holder. The Commissioner shall also prescribe
procedures for the removal of the designation.
d. The fee for a digitized picture shall be $6 for each license, renewal or duplicate,
and shall be paid in addition to the fee for the issuance of a driver's license. Fees
collected for the digitized picture shall be revenues of the Commission.
e. The digitized license picture, access to the picture and use of it, shall not be
sold, leased or exchanged for value. A licensee's picture shall not be released or
disclosed by the Commissioner, except, subject to the approval of the Commissioner,
when required by: a governmental agency, including a court or law enforcement agency;
or a private person or entity acting on behalf of a federal, State or local agency.
f. The Commissioner shall provide, for licenses with digitized color pictures,
processes and materials that prevent, to the greatest extent possible, the alteration,
delamination, duplication, counterfeiting, photographing, forging or other modification
of the license and prevent the superimposition of a digitized color picture other than the
authorized original on such license. A license that consists of a composite material, does
Title 39 - Memorandum July 11, 2005 - Page 12 of 17
/t39/t39M071105.doc
not use lamination, and offers at least the same level of security as that required by the
Commissioner for noncomposite material may fulfill the requirements of this section.
g. The Commissioner may provide for the electronic storage of the licensee's
motor vehicle information, including the digitized picture and signature, in a bar code,
magnetic stripe or database. Any information encoded in a bar code or magnetic stripe
on the license shall be displayed on the license, which may be done in abbreviated form.
Information encoded in a bar code or magnetic stripe shall be limited to the following:
name, address, municipality of residence, state, zip code, date of birth, under 21 until
xx/xx/xx (date of licensee's 21st birthday), gender, color of eyes, height, driver's license
number, date of issuance, expiration date, document type, class, endorsements and
restrictions, organ donor status, identification of issuer, license fee, transaction number,
and the licensee's digitized picture and signature. Specific use of the driver's license and
any information related thereto that is stored or encoded, electronically or otherwise, shall
be in accordance with C.39:2-3.3 et seq. and the federal Driver's Privacy Protection Act
of 1994.
h. The license shall include features to ensure its security and integrity.
i. Nothing in this chapter shall require a county or municipal law enforcement
agency to acquire or use any device to verify the authenticity of a New Jersey driver's
license, unless the cost of acquisition and use is paid by the State.
j. Nothing in this section shall be construed to change any expiration date on any
driver's license issued prior to the operative date of C.39:3-10 and, unless a licensee's
driving privileges are otherwise suspended or revoked, except as provided in ----, that
license shall remain valid until that expiration date.
Source: 39:3-10f; 39:3-10f1; 39:3-10f2; 39:3-10f4; 39:3-10f5; 39:3-10h; 39:312.2.
COMMENT
This section streamlines and consolidates the requirements pertaining to the design of the driver’s
license.
39A:8-L21. Identification card in lieu of license for non-driver
a. The Commission shall issue an identification card to a resident of the State 17
or older that does not hold a valid learner's permit or valid driver's license. The
identification card shall display the true name, correct age, and other identifying data of
the applicant. Every application for a card shall be signed and verified by the applicant
and supported by documentary evidence of the age, identity, blindness or other disability.
The applicant shall provide satisfactory proof that the applicant's presence in the United
States is authorized under federal law.
b. Every identification card shall bear a color picture of the person to whom it is
issued and shall be issued in the standard license form prescribed by the Commission
except that the card shall prominently contain the words "For Identification Only."
c. Each original identification card shall be valid for 48 calendar months from its
date of issuance unless canceled earlier and shall be renewable upon the request of the
bearer and payment of the required fee. Valid cards issued prior to October 16, 1989 are
Title 39 - Memorandum July 11, 2005 - Page 13 of 17
/t39/t39M071105.doc
valid for the life of the holder unless canceled by the holder. An identification card
issued to an applicant who is blind, disabled, or handicapped shall be valid for the life of
the holder unless canceled by the holder. Valid cards issued to blind, disabled or
handicapped persons between October 16, 1989 and the effective date of this chapter
shall be made valid for the life of the holder unless canceled by the holder, upon
presentation of proof that the blindness, disability, or handicap existed at the time of the
original application. The Commissioner may require periodic verification of information
included on an identification card valid for the life of the holder. Nothing in this section
shall alter or extend the expiration of any identification card issued prior to the date this
chapter becomes operative.
d. The expiration of an identification card issued to an applicant who may legally
remain in the United States for a shorter period than the standard card duration shall be
based on the termination of the authorized presence in the United States by federal law.
The Commission may renew such card only if the applicant's continued presence in the
United States is authorized by federal law. The fee for identification cards with
expiration dates fixed by the Commission shall be in amounts proportionately less or
greater than standard term cards.
e. If the Commissioner has reasonable cause to suspect that a document presented
by an applicant as proof of identity, age or legal residency is altered, false or otherwise
invalid, the Commissioner shall refuse to grant the identification card until such time as
the document may be verified by the issuing agency.
f. If an identification card is lost, destroyed or mutilated, a new name or address is
acquired, or there is some other change in the information contained on the card, the
person to whom it was issued may obtain a replacement upon furnishing the documentary
evidence required for an original card and paying the fee. A person who loses an
identification card and finds the original card after obtaining the replacement shall
immediately surrender the original to the Commission.
g. The fee for an original or renewal identification card is $18.
replacement is $5. The fee for a digitized picture is $6.
The fee for a
h. It shall be unlawful for any person to:
1. Possess, display or cause or permit to be displayed any canceled,
fictitious, fraudulently altered, or fraudulently obtained identification card;
2. Lend an identification card to any other person or knowingly permit its
use by another;
3. Display or represent an identification card not issued to that person as
being that person’s card;
4. Permit any unlawful use of an identification card issued to that person;
5. Do any act forbidden or fail to perform any act required in reference to
identification cards;
6. In any way reproduce an identification card or facsimile thereof in such
a manner that it could be mistaken for a valid identification card, or to display or have in
Title 39 - Memorandum July 11, 2005 - Page 14 of 17
/t39/t39M071105.doc
that person’s possession any such reproduction, or facsimile unless authorized by this
chapter;
7. Alter any identification card in any manner not authorized by this
chapter.
i. Any person who violates this section is a disorderly person.
Source: 39:3-29.3; 39:3-29.4; 39:3-29.5; 39:3-29.7; 39:3-29.8; 39:3-29.10.
COMMENT
This section streamlines and consolidates the requirements pertaining to the identification card
issued in lieu of a driver’s license.
39A:3-L22. Impact of military status
A person who holds a valid driver’s license at the time of entry into the active
military service of the United States during a time of war or emergency may continue to
drive using that license for 180 days after the termination of the war or emergency, or for
a period of three months from the date of discharge or release from service under
conditions other than dishonorable, without payment of any fee. An individual may only
exercise this privilege when attired in official military uniform or when in possession of
evidence of the discharge, release, or active military status or assignment.
Source: 39:3-11.5.
COMMENT
This section contains the substance of the original, but has been streamlined.
39A:6-L23. Evaluation and report on new driver performance
The Commission shall monitor the performance of new drivers of motor vehicles
and, in conjunction with the Office of Highway Traffic Safety, shall: report to the
Governor and the Legislature evaluating the operation and effectiveness of this chapter;
detail disbursement of monies from the Driver Education Fund; make recommendations
necessary to better effectuate this chapter; and promulgate regulations as needed to
effectuate this chapter.
Source: 39:3-13.6.
COMMENT
This section contains the substance of the original.
39A:6-L24. Instructor’s license and license to operate driving school
The Commissioner’s authority to suspend, revoke or deny issuance of an initial or
renewal license to operate a drivers' school or an instructor's license, and assess fines,
shall apply to any violations related to the administration of a remedial training course.
Source: 39:3-13; 39:3-13.1; 39:3-13.2a; 39:3-13.4.
COMMENT
This section consolidates provisions found in separate sections in the original.
Title 39 - Memorandum July 11, 2005 - Page 15 of 17
/t39/t39M071105.doc
39A:6-L25. Conviction of violation while operating with a permit or provisional
driver’s license
a. When notified by a court of the conviction of a permit or provisional driver’s
license holder for a violation which causes the holder to have more than two motor
vehicle points, or of a violation of R.S.39:4-50; C.39:4-50.4a; C.39:4-50.14; R.S.39:4129; N.J.S. 2C:11-5; N.J.S. 2C:12-1(c) or other motor vehicle-related law set forth in
regulation, the Commissioner shall, without a hearing, suspend a permit for 90 days or
suspend a provisional license until the holder attends the remedial training course set
forth in subsection (b). The suspension and remedial training course shall be in addition
to any other penalty imposed.
b. The Commissioner shall restore the permit or provisional license following the
suspension if the holder satisfactorily completes an approved remedial training course of
not less than four hours which is subject to oversight by the Commission. The holder
shall remit a course fee prior to the commencement of the course.
c. The Commissioner shall, without a hearing, postpone the issuance of a basic
license to a permit holder, or suspend a provisional license and postpone eligibility for a
basic license for 90 days if notified by a court that a permit or provisional license holder,
after completion of the remedial training course, was convicted of a motor vehicle
violation which results in the imposition of motor vehicle points or of a violation of
R.S.39:4-50; C.39:4-50.4a; C.39:4-50.14; R.S.39:4-129; N.J.S.2C:11-5; N.J.S.2C:121(c) or other motor vehicle-related law set forth in regulation. When the Commissioner
is notified by a court that a permit or provisional license holder has been convicted of an
alcohol or drug-related offense unrelated to the operation of a motor vehicle, and is not
subject to any suspension for that conviction, the Commissioner shall, without a hearing,
suspend the permit or provisional license for six months.
Source: 39:3-13; 39:3-13.1; 39:3-13.2a; 39:3-13.4.
COMMENT
This section streamlines and consolidates the requirements currently found in separate sections.
39A:6-L26. Specific violations of permits or licenses
A fine of $100 shall be imposed for violating the following conditions of a permit
or a provisional driver's license:
a. Supervision requirements for permit holders;
b. Passenger restrictions;
c. Hours of operation;
d. Seat belt requirements;
e. Interactive wireless communication device use restrictions; or
f. Any other violation of the conditions of a permit or provisional license as the
Commissioner may designate.
Source: 39:3-13.8.
Title 39 - Memorandum July 11, 2005 - Page 16 of 17
/t39/t39M071105.doc
COMMENTS
This section contains the substance of the original.
39A:3-L27. Illegally obtaining a driver’s license
An applicant for a driver's license shall not procure another person to take the
license examination for the applicant, nor shall any person take a license examination for
an applicant. A person who violates this section is subject to a fine of between $200 and
$500, or imprisonment for between 30 and 90 days, or both.
Source: 39:3-12.
COMMENT
This section contains the substance of the original.
39A:3-L28. Restoration of suspended or revoked license
The Commissioner shall charge a fee of $100 for the restoration of a license
suspended or revoked for violation of any law or regulation and for the restoration of
vehicle registrations suspended pursuant to any law.
Source: 39:3-10a.
COMMENT
This section is substantially identical to the original.
39A:3-L29. Involvement in two or more accidents within six months; reexamination
a. If an individual who holds a driver's license is involved in two or more motor
vehicle accidents within any six-month period, and those accidents result in death,
personal injury, or damage to the property of any one person in excess of $500 such that
the individual has been assessed motor vehicle points for each accident, that individual
shall submit to a license reexamination.
b. Notice shall be given by the Commission that the individual is required to
submit to a reexamination and must successfully pass an examination of ability as an
operator and a test of vision.
c. Failure to pass an examination or test is justification for the revocation and
refusal to renew the individual's driver's license.
Source: 39:3-10e.
COMMENT
This section contains the substance of the original.
Title 39 - Memorandum July 11, 2005 - Page 17 of 17
/t39/t39M071105.doc