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-the-wheel 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.
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-the-wheel 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:
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:
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.
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.
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.39:4-50, 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: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.