Title 39, Title 39: MOTOR VEHICLES AND TRAFFIC REGULATION

39:2A-34 Reorganization plans superseded. 40. To the extent that Reorganization Plans Nos. 002-1995 and 005-1998 are inconsistent with any provisions of this act, they are superseded to the extent of such inconsistencies and any reference in such Plans to the Division of Motor Ve…

39:2A-35 Transfer of Commercial Bus Unit. 41. The Commercial Bus Unit in the Department of Transportation, together with all of its functions, powers and duties is transferred to and vested in the commission. This transfer shall be subject to the provisions of the "State Agency T…

39:2A-36 Revenues to be remitted to commission, General Fund. 105. a. The first $200,000,000 of fees and surcharges thereon collected pursuant to the following statutes shall be considered service charges which are revenues to be remitted to the New Jersey Motor Vehicle Commissio…

39:2A-36.1 Increase in fees, surcharges. 16. a. On and after the effective date of P.L.2007, c.335 (C.39:2A-36.1 et al.), the board may, by regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), increase fees and surcharges collec…

39:2A-37 Fees concerning licenses, effective date, revenue of the commission, certain. 109. Notwithstanding any other provision of law, all fees established pursuant to P.L.2001, c. 391 shall take effect on the enactment of P.L.2003, c.13 (C.39:2A-1 et al.). The $6 digitized pict…

39:2A-38 Additional fees as security surcharge; commission revenue. 110. In addition to the vehicle registration fees imposed pursuant to the provisions of chapters 3, 4, and 8 of Title 39 of the Revised Statutes, the commission shall impose and collect an additional $7 for each …

39:2A-39 Monies considered revenues of commission. 120. All monies paid to the commission pursuant to section 1 of P.L.1952, c.176 (C.39:6-58) are revenues of the commission and shall not be subject to the calculation of proportional revenues remitted to the commission pursuant t…

39:2A-4 "New Jersey Motor Vehicle Commission" established; division abolished. 4. a. There is hereby established a body corporate and politic, with corporate succession, to be known as the "New Jersey Motor Vehicle Commission." The commission shall be established in the Executive…

39:2A-40 Prior law superseded. 122. All acts and parts of acts inconsistent with any of the provisions of this act are superseded to the extent of such inconsistencies. L.2003,c.13,s.122.

39:2A-41 Severability; liberal construction. 123. The provisions of this act shall be deemed to be severable, and if any phrase, clause, sentence or provision of this act is declared to be unconstitutional or the applicability thereof to any person is held invalid, the remainder …

39:2A-42 Promotional payment incentives. 2. a. Notwithstanding the provisions of any other law to the contrary, no later than six months from the date of enactment of this act, and periodically thereafter, the Chief Administrator of the New Jersey Motor Vehicle Commission shall e…

39:2A-43 "Mainland Memoriam Act." 1. a. This act shall be known and may be cited as the "Mainland Memoriam Act." b. As used in this section: "Dealer" means any person engaged in the business of selling or leasing motor vehicles to consumers or other end users and licensed pursuan…

39:2A-44 Provision of language translation services. 7. In addition to the customer service and security requirements set forth under this title, the Chief Administrator of the New Jersey Motor Vehicle Commission shall provide language translation services at each commission agen…

39:2A-5 Transfer of employees; retirement system, health benefits. 5. a. Upon the abolishment of the division, all career service employees serving in the division on that date shall be employees of the commission and shall be transferred to the commission pursuant to the "State …

39:2A-6 Employee seniority, benefits transferred, continued. 6. a. Notwithstanding the provisions of Title 11A of the New Jersey Statutes and rules promulgated thereunder to the contrary, employees of a private motor vehicle agency who were employed with that agency immediately a…

39:2A-7 Probationary period for certain employees. 7. Notwithstanding the provisions of Title 11A of the New Jersey Statutes and the rules promulgated thereunder to the contrary, all employees entering or returning to State service other than those on a Special Reemployment List …

39:2A-8 Determination of employee salaries. 8. Notwithstanding the provisions of Title 11A of the New Jersey Statutes and the rules promulgated thereunder to the contrary, the employees entering or returning to State service as employees of the commission in career service titles…

39:2A-9 Testing of provisional employees. 9. a. Notwithstanding the provisions of Title 11A of the New Jersey Statutes and the rules promulgated thereunder to the contrary, employees entering State service other than those on a Special Reemployment List as employees of the commis…

39:3-1. Certain vehicles excepted from chapter Automobile fire engines and such self-propelling vehicles as are used neither for the conveyance of persons for hire, pleasure or business, nor for the transportation of freights, such as steam road rollers and traction engines are e…

39:3-10 Licensing of drivers. 39:3-10. a. 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 pos…

39:3-10.1 Licensing of bus drivers, exceptions. 39:3-10.1. No person shall drive any motor vehicle or trackless trolley with a capacity of more than six passengers used for the transportation of passengers for hire or for the transportation of passengers to or from summer day cam…

39:3-10.10. Purpose The purpose of this act is to reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by strengthening licensing and testing standards for drivers of commercial motor vehicles, and by disqualifying those drivers who have committed certai…

39:3-10.11 Definitions relative to commercial driver licenses. 3. For purposes of this act, a term shall have the meaning set forth in R.S.39:1-1 unless another meaning for the term is set forth in this act, or unless another meaning is clearly apparent from the language or conte…

39:3-10.11a Certain requirements for drivers of vehicles in connection with funeral services. 3. Notwithstanding the exemption of motor vehicles which are owned directly by businesses engaged in the practice of mortuary science from the provisions of P.L.1990, c.103(C.39:3-10.9 e…

39:3-10.12 Tests for commercial driver license. 4. a. Notwithstanding any other provision of law to the contrary, the chief administrator shall adopt and administer a classified licensing system and a program for testing and ensuring the fitness of persons to operate commercial m…

39:3-10.13. Alcohol, controlled substance use prohibited Notwithstanding any other provision of law to the contrary, a person shall not operate a commercial motor vehicle in this State with an alcohol concentration of 0.04% or more, or while under the influence of a controlled su…

39:3-10.13a Requirements to perform safety-sensitive functions, drug and alcohol clearinghouse information requests. 2. a. A driver who has engaged in conduct prohibited by Subpart B of 49 C.F.R. s.382 shall not perform safety-sensitive functions, including driving a commercial m…

39:3-10.14 Request for and provision of driving record and license information. 6. a. Before issuing a commercial driver license to an applicant, the chief administrator shall notify the Commercial Driver License Information System of the proposed issuance and shall request drivi…

39:3-10.15 Notification of moving violations, disqualification or suspension. 7. Within 10 days after receiving a report of the conviction of a holder of a commercial driver license for any violation of state law related to motor vehicle traffic control committed in a vehicle, ot…

39:3-10.16. Refusal to grant, suspension, revocation of license The director, in his discretion, may refuse to grant a commercial driver license to a person who is, in his estimation, not a proper person to be granted such a license, but no defect of the applicant shall bar him f…

39:3-10.17. Issuance, transfer of commercial driver license The director shall issue a commercial driver license only to a person who operates or will operate a commercial motor vehicle and is domiciled in this State. A person shall apply to the director within 30 days after esta…

39:3-10.17a Fingerprinting, criminal history records check for applicants for certain commercial driver's licenses. 34. a. The commission shall require the fingerprinting of all applicants for commercial driver's licenses with a hazardous material endorsement, a tank vehicle endo…

39:3-10.17b Definitions relative to certain commercial driver licenses; issuance. 1. a. As used in this act: "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used or designed to transport passengers or property that has a gross vehicle weight rati…

39:3-10.18 Possession of valid commercial driver license mandatory. 10. a. (1) (Deleted by amendment, P.L.2005, c.147). (2) On and after April 1, 1992, and except when operating under a valid commercial driver examination or learner's permit and accompanied by the holder of a com…

39:3-10.18a Valid license required to operate autobus; violations, fines. 1. The owner of an autobus shall not knowingly allow, require, permit, or authorize an operator of an autobus to operate the vehicle without a valid commercial driver license. An owner who is convicted of a…

39:3-10.19. Operation of commercial motor vehicle in this State Notwithstanding any other law to the contrary, a person may operate a commercial motor vehicle in this State if the person has received a waiver of the commercial driver license requirements from the Secretary of the…

39:3-10.1a School bus driver; certain tests required. 2. a. All drivers of buses or other vehicles used by a board of education or by a private or parochial school for the transportation of pupils to and from school shall, in addition to any exam required by law, submit to a medi…

39:3-10.1b. Definitions relative to school bus endorsement; suspension 1. a. For the purposes of this section: "Chief administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission. "Commercial motor vehicle" shall have the same meaning as provided in sec…

39:3-10.20 Suspension of commercial motor vehicle driving privilege. 12. a. In addition to the imposition of any other penalty provided by law, the chief administrator shall suspend for not less than one year nor more than three years the commercial motor vehicle driving privileg…

39:3-10.21 Regulation of third party testing. 13. Within one year of the effective date of P.L.2017, c.10 (C.39:3-10.21a et al.) the chief administrator shall, by contract, by appointment as a motor vehicle agent, or by licensing, authorize any necessary persons, including but no…

39:3-10.21a Commercial Driver License Testing Pilot Program. 1. a. There is established within the Motor Vehicle Commission a Commercial Driver License Testing Pilot Program which shall be implemented by the chief administrator. Pursuant to the provisions of this act, the chief a…

39:3-10.22 Waiver of skills test. 14. The chief administrator shall waive the skills test for a commercial driver license applicant who demonstrates that he meets the requirements for a waiver under the federal "Commercial Motor Vehicle Safety Act of 1986," Pub. L. 99-570 (49 U.S…

39:3-10.23. Provisions for efficient processing a. The director may take such steps as are necessary to provide for the efficient, timely and orderly processing of persons required to obtain commercial driver licenses under this act. The director may require persons to take the s…

39:3-10.24. Taking of breath samples a. A person who operates a commercial motor vehicle on a public road, street, or highway, or quasi-public area in this State, shall be deemed to have given his consent to the taking of samples of his breath for the purposes of making chemical …

39:3-10.24a Blood sample from operator under certain circumstances. 2. A police officer shall obtain a blood sample from an operator of an autobus involved in an accident resulting in the death or serious bodily injury, as defined in N.J.S.2C:11-1, of any person; provided, howeve…

39:3-10.25. Methods and techniques of chemical analyses forms Chemical analyses of an arrested person's breath, to be considered valid under the provisions of this act, shall have been performed according to methods approved by the Attorney General, and by a person certified for …