COMMERCIAL DRIVERS LICENSE

Transcription

1 COMMERCIAL DRIVERS LICENSE 39A:CDL-1. Purpose The purpose of this chapter, the New Jersey Commercial Driver License Act, is to minimize commercial motor vehicle accidents, fatalities, and injuries by strengthening licensing and testing standards for drivers of commercial motor vehicles and by disqualifying drivers who commit specified offenses. This chapter is designed to substantially conform the laws of this State to the federal "Commercial Motor Vehicle Safety Act of 1986," 49 U.S.C et seq. and the applicable regulations. This chapter is remedial law and shall be liberally construed to promote the public health, safety, and welfare. Source: 39:3-10.9; 39: ; 39: This section is substantially the same as the original sections, but it eliminates the language found in 39: which states that the chief administrator may adopt rules and regulations necessary to carry out the provisions of the Act. Such language is found in many sections of the Title, and it may be more efficient to include a single general provision to that effect, noting any exceptions. 39A:5-CDL2. Definitions a. "Alcohol concentration" means the number of grams of alcohol per 100 milliliters of blood or per 210 liters of breath. b. "Commercial driver license" or "CDL" means a license issued in accordance with this chapter authorizing a person to operate a certain class of commercial motor vehicle. c. "Commercial Driver License Information System" or "CDLIS" means the information system established pursuant to the federal "Commercial Motor Vehicle Safety Act of 1986," 49 U.S.C et seq. to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers. d. "Commercial motor vehicle" or "CMV" means a motor vehicle or combination of motor vehicles, not including a recreation vehicle, used or designed to transport passengers or property, including a vehicle: (1) With a gross vehicle weight rating, or that displays a gross vehicle weight rating, of 26,001 or more pounds; (2) With a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; (3) Designed to transport 16 or more passengers including the driver; (4) Designed to transport eight or more but less than 16 persons, including the driver, and used to transport such persons for hire on a daily basis to and from places of employment;

2 (5) Used in the transportation of hazardous materials and required to be placarded in accordance with Subpart F. of 49 C.F.R. 172, or one that displays a hazardous material placard; (6) Operated by, or under contract with, a public or governmental agency, or religious or other charitable organization or corporation, or privately operated, and used for the transportation of children to or from a school, school activity, day camp, summer day camp, summer residence camp, nursery school, child care center, preschool center, or other similar place of education; or (7) Such other motor vehicles or combinations designated by the Chief administrator by regulation. (8) This term shall not include motor vehicles designed to transport between eight and fifteen persons, including the driver, owned or operated directly by businesses engaged in the practice of mortuary science when the vehicles are used exclusively for providing transportation related to the provision of funeral services and not used at any time to pick up or discharge passengers to any airline terminal, train station or other transportation center or for any purpose not directly related to the provision of funeral services. Notwithstanding this exemption of motor vehicles which are owned directly by businesses engaged in the practice of mortuary science, the driver or operator of such a motor vehicle shall fulfill all of the requirements of a medical examination required of those holding a commercial driver license as provided under 49 C.F.R. s et seq. e. Controlled substance" means a substance so classified under subsection (6) of section 102 of the "Controlled Substances Act", 21 U.S.C. 802, and all substances listed on Schedules I through V of 21 C.F.R. 1308, or under C. 24:21-1 et seq. as revised <at the time of the offense>. The term includes controlled substance analogs. f. "Controlled substance analog" means a substance with a chemical structure substantially similar to that of a controlled dangerous substance specifically designed to produce an effect substantially similar to that of a controlled dangerous substance. The term shall not include a substance manufactured or distributed in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of section 505 of the Federal Food, Drug and Cosmetic Act, 21 U.S.C g. "Conviction" means a: final adjudication that a violation has occurred; final judgment on a verdict; finding of guilt in a tribunal of original jurisdiction; or conviction following a plea of guilty, non vult or nolo contendere accepted by a court. It also includes: an unvacated forfeiture of bail, bond or collateral deposited to secure a person's appearance in court; the payment of a fine or court costs; or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated. h. Disqualification" means: (1) Suspension, revocation, cancellation, or other withdrawal by a state of a person's privilege to operate a CMV;

3 (2) Determination by the Federal Highway Administration pursuant to 49 C.F.R. 386, that a person is no longer qualified to operate a CMV under 49 C.F.R. 391; or (3) Loss of qualification which automatically follows conviction of an offense listed in 49 C.F.R i. "Felony" means any crime or offense under federal or state law punishable by death or imprisonment for a term exceeding one year. j. "Gross vehicle weight rating" or "GVWR" means the value specified by a manufacturer as the loaded weight of a single or a combination (articulated) vehicle, or the registered gross weight, whichever is greater. The GVWR of a combination vehicle, commonly referred to as the "gross combination weight rating" or "GCWR," is the GVWR of the power unit plus the GVWR of the towed unit(s). In the absence of a value specified for the towed unit(s) by the manufacturer, the GVWR of a combination vehicle is the GVWR of the power unit plus the total weight of the towed unit, including the loads on them. k. "Hazardous material" means a substance or material so designated pursuant to the provisions of the "Hazardous Materials Transportation Act", 49 U.S.C et seq. l. Out of service order" means a temporary prohibition against operating a CMV. m. "Recreation vehicle" means a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping, or travel purposes used solely as a family or personal conveyance. n. "Serious traffic violation" means conviction for one of the following offenses, as defined by state or local law, committed while operating a CMV: (1) Any single offense for a speed of 15 miles per hour or more above the speed limit; (2) Reckless driving, including offenses of driving a CMV in willful or wanton disregard of the safety of persons or property; (3) Improper or erratic traffic lane changes; (4) Following a vehicle too closely; (5) A violation relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident; or (6) Any violation relating to motor vehicle traffic control determined by the Secretary of the United States Department of Transportation in 49 C.F.R to be a serious traffic violation. (7) This term shall not include vehicle weight or defect violations. o. Tank vehicle" means a commercial motor vehicle designed to transport a liquid or gaseous material within a tank either permanently or temporarily attached to the vehicle or the chassis, including cargo tanks and portable tanks but not portable tanks with a rated capacity under 1,000 gallons. Source: 39: ; 39: a.

4 This section is substantially the same as the original, with some changes made to streamline and consolidate the language, eliminating surplusage. The definitions of driver s license, endorsement, foreign jurisdiction, motor vehicle and state were removed from this section since they are defined elsewhere. The definitions of representative vehicle and vehicle group were removed since they are defined by the statutory sections in which they appear. The definition of domicile was removed since defining that term involves complex legal issues, and it was not clear that the definition provided was consistent with state or federal law. Part of (d)(8) is the former 39: a. 39A:CDL-3. Tests for CDL a. The Chief administrator shall administer a classified licensing system and a program for testing and ensuring the fitness of persons to operate CMVs in accordance with the minimum federal standards established by the "Commercial Motor Vehicle Safety Act of 1986", 49 U.S.C et seq. and the applicable regulations. b. The Chief administrator shall not issue a CDL to a person unless the person passes a knowledge and skills test for the operation of a CMV which complies with the federal standards. The Chief administrator shall waive the skills test for a CDL applicant who meets the requirements for waiver under the federal "Commercial Motor Vehicle Safety Act of 1986," 49 U.S.C et seq., as those requirements are set forth in 49 C.F.R. s c. The Chief administrator may issue commercial driver examination or learner's permits subject to necessary conditions and restrictions. d. Classified licensing of drivers of school buses shall be by endorsement on the commercial driver licenses issued pursuant to 39: et seq. e. A knowledge and skills test shall not be required by the Chief administrator for the renewal of a CDL issued pursuant to this chapter. A knowledge and skills test may, however, be required for: (1) Renewal of an endorsement permitting the operation of vehicles required to be placarded for hazardous materials; (2) Renewal or reissuance of a CDL if it was suspended or revoked by a court during the last license period preceding the renewal or reissuance; or (3) Renewal or reissuance of a license which had not been renewed for a period of three or more years. f. Upon the request of an applicant, the Chief administrator shall administer oral knowledge tests for the CDL and any endorsements if the applicant demonstrates to the satisfaction of the Chief administrator an inability to comprehend a written test. The Chief administrator shall provide an English and a Spanish version of the knowledge tests for a CDL and for any endorsements and is authorized to provide versions in such other languages as the Chief administrator may deem appropriate.

5 g. A person who satisfactorily completes the knowledge tests required by this chapter for a CDL and any endorsement shall not be required to take any other knowledge test for the operation of a CMV. h. A first-time CDL applicant who satisfactorily completes the knowledge test for the CDL but not the test for an endorsement, or who satisfactorily completes the knowledge test for an endorsement but not the test for the CDL, shall not be required to retake the test which was satisfactorily completed. i. No provision in this chapter, or in any manual, test, or administrative procedure developed to implement this chapter, shall be deemed to expand the requirements for CMV operators concerning pre-trip inspection, after-trip inspection and inspection during a trip as those requirements are set forth in federal law. This section shall not be deemed to limit the authority of the Chief administrator or any State department or agency to promulgate standards and procedures regarding vehicle inspections which are consistent with federal law. Source: 39: ; 39: This section is substantially similar to the original. The section in the original statute dealing with notification of then-current CMV drivers prior to the effective date of the Act has been removed. GENERAL NOTE: The language of this section and the following sections, while substantially similar to the language of the original statute, has been reordered in an effort to create a logical progression of information, beginning with the tests for a CDL, moving to the administration of testing, then the issuance of the license, then the possession of the license, etc. The initial statutory sections were not in this order, potentially making it more difficult to understand the requirements and restrictions. 39A:5-CDL4. Administration of commercial driver testing a. The Chief administrator may, by contract, by appointment as a motor vehicle agent, or by licensing, authorize persons to administer the knowledge or skills tests for a CDL or endorsement, including: (1) An agency of this or another state; (2) An employer; (3) A private driver training facility or other private institution; or (4) A department, agency or instrumentality of local government. b. The Chief administrator shall adopt regulations necessary to control the administration of commercial motor vehicle driver testing by third parties including the establishment of maximum fees. The maximum fee for a test administered by a third party shall equal the cost to the State to administer such testing. c. The Chief administrator may limit the number of persons authorized to administer examinations and may suspend or revoke an authorization on any reasonable ground. A person authorized to administer examinations by appointment as a motor vehicle agent shall act until this authority is revoked by the Chief administrator. d. The Chief administrator may terminate third party testing at any time.

6 e. The Chief administrator shall provide for the efficient, timely and orderly processing of persons required to obtain CDLs and may require persons to take the skills test for the CDL or for an endorsement at the time and place selected by the Chief administrator. The Chief administrator may require persons who fail a knowledge test for the CDL or an endorsement to take the knowledge test for a subsequent time at a time and place selected by the Chief administrator. f. An examiner administering a skills test shall not be held accountable for any violation of Title 39 committed by the person being tested. Source: 39: ; 39: This section is substantially similar to the source sections, but it has been slightly reordered and streamlined. 39A:CDL-5. Issuance of CDL; fingerprint and background check requirements a. Before issuing a CDL, the Chief administrator shall notify the Commercial Driver License Information System ( CDLIS ) of the proposed issuance and request driving record information from CDLIS, the National Driver Register, and any other state which has issued a CDL, or any other type of driver license to the applicant to determine whether the: applicant has a CDL or any other type of driver license issued by another state; applicant's driving privilege has been suspended, revoked, cancelled; or the applicant has been disqualified from operating a commercial motor vehicle. b. The Chief administrator shall issue a CDL only to a person who operates or will operate a CMV and is domiciled in this State. A person shall apply to the Chief administrator within 30 days after establishing domicile in this State for the transfer of a CDL from the state in which the person was previously domiciled. c. Fingerprinting is required of all applicants for CDL with a hazardous material endorsement, a tank vehicle endorsement, or both, at the initial application and on renewal, in order to determine eligibility for those endorsements. d. Any person issued a CDL with a hazardous material endorsement, a tanker vehicle endorsement, or both, prior to the date of enactment of this chapter, shall undergo a criminal history record background check as a condition to continue to hold, use and renew such an endorsement. The applicant shall bear the cost for the criminal history record check, including all administrative and processing costs. No criminal history record check shall be performed without the applicant's written consent. e. The MVC is hereby authorized to exchange fingerprint data with, and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police, consistent with the provisions of Pub.L , for use in determining eligibility. f. Failure or refusal to submit a disclosure and fingerprints will result in an automatic disqualification. g. Upon receipt of the criminal history record information, the MVC shall notify the applicant in writing of the applicant's qualification or disqualification for a CDL with

7 a hazardous material endorsement, a tank vehicle endorsement, or both. The basis for a disqualification shall be identified in the written notice to the applicant and an applicant shall have 30 days from the postmarked date of the written notice of disqualification to challenge the accuracy of the criminal history record information. If no challenge is filed or if the accuracy of the criminal history record information is upheld, the applicant's disqualification for a CDL with a hazardous material endorsement, a tank vehicle endorsement or both, will stand. The MVC, consistent with appropriate federal requirements, shall specify by regulation the grounds upon which an applicant may be disqualified. Source: 39: ; 39: ; 39: a. This section is substantively similar to the language in the original sections. The language has been reorganized, streamlined and consolidated. It is not clear what the disclosure is that is referred to in subsection (f), this should be clarified. 39A:CDL-6. Distribution of information a. The Chief administrator shall provide driving record and other information to the licensing authority of any other state, or province or territory of Canada, which requests such information in connection with a CDL. The Chief administrator may charge reasonable fees to cover the costs of providing information, except that no fee shall be charged if the other jurisdiction does not charge this State for similar requests. b. The MVC is authorized to exchange fingerprint data with, and receive criminal history record information from, the Federal Bureau of Investigation and the Division of State Police, consistent with the provisions of Pub.L , for use in determining the eligibility of an applicant for a hazardous material endorsement, a tank vehicle endorsement, or both. c. Within 10 days after the issuance of a CDL, the Chief administrator shall notify the CDLIS of that fact, providing all information required to ensure identification of the licensee. Source: 39: ; 39: a. This section is substantially similar to the language of the original sections, but has been reorganized, streamlined and consolidated. 39A:CDL-7. Possession of valid CDL a. A person who operates a CMV shall not have more than one driver s license. A person convicted of a violation of this subsection shall be fined not more than $5,000 for each offense, imprisoned for a term of not more than 90 days, or both. b. Except when operating under a valid commercial driver examination or learner's permit and accompanied by the holder of a CDL valid for the class or type of vehicle operated, a person shall not operate a CMV unless the person has been issued and is in possession of a valid CDL and applicable endorsements for the class and type of

8 vehicle operated. A person shall not operate a CMV if the person is restricted from operating a commercial vehicle of that class or type. A person convicted of a violation of this subsection shall be fined between $250 and $500, imprisoned for not more than 60 days, or both. If that person has never been licensed to operate a commercial motor vehicle in this State or any other jurisdiction, the chief administrator shall refuse to issue a license to operate a commercial motor vehicle to that person for a period of 180 days from the date of the violation. This penalty shall not be applicable in cases where failure to have actual possession of the CDL is due to an administrative or technical error by the MVC. If a person charged with a failure to have possession of a valid CDL can exhibit the license to the judge of the court before whom the charge is heard, and the license was valid on the day the person was charged, the judge may dismiss the charge but may impose court costs. c. A person shall not operate a CMV during a period of refusal of a CDL, suspension or revocation of a driving privilege or endorsement, prohibition, disqualification, or during the period of an out of service order. A person convicted of a violation of this subsection shall be fined not less than $500 or more than $5,000 for each offense, imprisoned for a term of not more than 90 days, or both; provided, however, a person who operates a commercial motor vehicle during the period of an out-of-service order shall, upon conviction, be fined not less than $1,100 or more than $2,750 and may be imprisoned for a term of not more than 90 days. If a person is involved in an accident resulting in personal injury to another person while operating a commercial motor vehicle in violation of this subsection, the court shall impose both a period of imprisonment for 90 days and a fine of $5,000. An employer shall not knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle during the period of refusal, suspension, revocation, prohibition, disqualification, or during the period of the out-ofservice order. An employer who is convicted of a violation of this subsection shall be subject to a fine of not less than $2,750 or more than $11,000. In addition, the commercial motor vehicle driving privilege of a person convicted under this subsection shall be suspended in accordance with 39: d. If a person's driving privilege is not suspended, revoked or cancelled in this State or in the jurisdiction that issued a CDL, and the person is not disqualified from operating a CMV or subject to an "out of service" order, then that person may operate a CMV in this State if the person has: (1) Received a waiver of the commercial driver license requirements from the Secretary of the United States Department of Transportation or the licensing authority of any other state; (2) A CDL issued by any state in accordance with the minimum federal standards for the issuance of CDLs; or (3) A CDL issued by any other jurisdiction in accordance with minimum standards which are substantially similar to the standards in the federal "Commercial Motor Vehicle Safety Act of 1986," 49 U.S.C et seq. and this chapter. Source: 39: ; 39: ; 39:

9 This section is substantially similar to the language of the original sections, but it has been reorganized, streamlined and consolidated. It is not clear what the term technical adds to the meaning of subsection (b), if it does not add anything, it should be removed. The penalties in this section have not been included in the classification system because the CDL provisions generally are heavily tied to federal law. A review will be conducted of this section and, if the inclusion of the penalty provisions would not contravene federal law or regulation, they will be included in the classification system created for Title A:CDL-8. Operation of commercial motor vehicle while under influence of alcohol or controlled substance A person shall not operate a CMV in this State with an alcohol concentration of 0.04% or more, or while under the influence of a controlled substance. Source: 39: This section is substantially similar to the language of the original statute. The language notwithstanding any other provision of law to the contrary was removed from the beginning of the section. 39A:CDL-9. Chemical testing; consent; penalties a. A person who operates a CMV on a public road, street, or highway, or quasipublic area in this State shall be deemed to have given consent to the taking of breath samples for chemical tests to determine alcohol concentration. The taking of samples shall be in accordance with the provisions of this chapter and at the request of a police officer who has reasonable grounds to believe that the person has been operating a CMV with an alcohol concentration of 0.04% or more. b. A record shall be made of the taking of such a sample, disclosing the date, time, and result of the chemical test, and a copy shall, on request, be made available to the person tested. The police officer shall inform the person tested of the right to obtain a copy of this record. c. In addition to the samples taken and tests made at the direction of a police officer, the person tested shall be permitted to have samples taken and chemical tests of his breath, urine, or blood made by an individual of the person s own selection. The police officer shall inform the person tested of the right to have these independent tests conducted. d. No chemical test or specimen described in this section may be made or taken forcibly and against physical resistance by the person sought to be tested. A police officer shall inform the person of the consequences of refusing to submit to such test including the available penalties by reading a standard statement prepared by the Chief administrator. e. The court shall revoke for six months a person s right to operate any motor vehicle if that person, after being arrested for operation of a CMV under the influence of alcohol or a controlled substance, refuses to submit to the chemical test provided for in

10 this section when requested to do so. If the refusal is in connection with a subsequent offense under this section, 39: , 39:4-50 or C. 39:4-50.4a, the revocation period shall be for 2 years. The court shall also impose the penalties provided in 39: f. An individual shall be convicted of an offense pursuant to this section if the court determines, by a preponderance of the evidence, that: the arresting officer had probable cause to believe that the person had been operating or was in actual physical control of a CMV on the public highways or quasi-public areas of this State with an alcohol concentration at 0.04% or more; the person was placed under arrest; and the person refused to submit to the test upon request of the officer. g. A person whose driving privilege is revoked for refusing to submit to a chemical test shall satisfy the requirements of a program of alcohol education or rehabilitation pursuant to 39:4-50. h. A revocation pursuant to this section shall be independent of any revocation imposed by a conviction under 39:4-50 or 39: i. In addition to imposing any revocation under this subsection, a court shall impose a fine between $250 and $500. Source: 39: This section is substantially similar to the source sections, but it has been slightly reordered and streamlined. 39A:CDL-10. Additional penalties for school bus drivers a. In addition to any other penalty provided by law, a school bus driver who violates 39: or 39: while transporting school children shall be guilty of a disorderly persons offense. b. Notwithstanding any other provision of law to the contrary, a conviction under this section shall not merge with a conviction for a violation of 39:4-50, 39:4-50.4a, 39: or 39: Source: 39: This section is substantially similar to the source section. 39A:CDL-11. Chemical analysis of breath; uniform reports a. To be considered valid under the provisions of this chapter, chemical analyses of an arrested person's breath shall have been performed according to methods approved by the Attorney General, by a person certified for this purpose by the Attorney General. The Attorney General is authorized to: approve satisfactory techniques or methods; ascertain the qualifications and competence of individuals to conduct analyses; and make certifications of such individuals, which certifications shall be subject to termination or revocation at the discretion of the Attorney General.

11 b. The Attorney General shall prescribe a uniform form for reports of the chemical analysis of breath to be used by law enforcement officers and others acting in accordance with the provisions of this chapter. Each officer, board, or official having charge or control of a municipal police department, the Chief administrator and the Superintendent of State Police shall be responsible for the furnishing and proper disposition of such forms. c. Each responsible party shall prepare the records and reports relating to the uniform forms and their disposition in the manner and at the times prescribed by the Attorney General. Unless otherwise provided by the Attorney General, the approval of methods and techniques, the certification of persons and the prescription of forms of reports pursuant to 39: shall constitute approval, certification or prescription, as the case may be, for purposes of this section. Source: 39: This section is substantially similar to the source sections, but it has been slightly reorganized. 39A:5-CDL12. Disqualification; denial; suspension or revocation by Chief administrator a. The Chief administrator may refuse to grant a CDL to a person who is not, in the Chief administrator s estimation, a proper person to be granted such a license. No defect of the applicant shall bar the applicant from receiving a license unless it can be shown by tests approved by the Chief administrator that the defect incapacitates the applicant from safely operating a CMV. b. Within 10 days after receiving a report of the: (1) conviction of a holder of a CDL for any violation of state law related to motor vehicle traffic control committed in a vehicle, other than a parking violation; (2) conviction of a person who is not the holder of a CDL for any violation of state law related to motor vehicle traffic control committed in a commercial vehicle, other than a parking violation; or (3) disqualification of the holder of a CDL or suspension of privileges for a period of 60 days or more, the MVC shall notify the driver licensing authority in the licensing state and the CDLIS of the conviction, suspension, or disqualification. c. The Chief administrator may suspend or revoke a license to operate a CMV, may prohibit a person from obtaining such a license, or may suspend or revoke the reciprocity privilege of a person for a violation of any provision of Title 39 or for any other reasonable grounds, after due notice in writing of such proposed suspension, revocation, or prohibition and the grounds thereof. Source: 39: ; 39:

12 This section is substantially similar to the language in the original sections, but the language has been reorganized, streamlined and consolidated. 39A:CDL-13. CDL suspension or revocation by Court a. In addition to the imposition of any other penalty provided by law, the chief administrator shall suspend for between one and three years the CMV driving privilege of a person convicted of the first violation of: (1) 39:4-50 or, if the motor vehicle was a CMV, 39: (2) 39:4-129 if the motor vehicle was a CMV operated by the person. (3) Using a CMV in the commission of any "crime" as defined in 2C:1-4(a), (c), or (d). (4) Refusal to submit to a chemical test under section 39: or, if the motor vehicle was a CMV, 39: (5) 39: (b)(1). (6) A violation, arising in connection with a fatal accident, of a State or local law relating to motor vehicle traffic control, other than a parking violation, regardless of whether the motor vehicle operated by the person was a commercial motor vehicle or a non-commercial motor vehicle. b. If a first violation specified in subsection (a) takes place while transporting hazardous material or in a vehicle displaying a hazardous material placard, the chief administrator shall suspend the CMV driving privilege of the person for three years. c. The chief administrator shall revoke for life the CMV driving privilege of a person for a second or subsequent violation of any of the offenses specified in subsection (a), or any combination of those offenses arising from two or more separate incidents. The chief administrator may, however, issue regulations establishing guidelines under which a revocation of CMV driving privilege for life may be reduced to a period of not less than 10 years. d. The chief administrator shall suspend the CMV driving privilege of a person for a period of not less than: (1) 60 days if the person is convicted of a second serious traffic violation, other than a violation described in subsection (a)(6) of this section, committed in a CMV or non-commercial motor vehicle in any state, arising from separate incidents occurring within a three year period. (2) 120 days if the conviction constitutes the third or subsequent serious traffic violation, other than a violation described in subsection (a)(6) of this section, committed in a CMV or non-commercial motor vehicle in any state, arising from separate incidents occurring within a three year period. (3) 60 days if the person is convicted of a violation of 39:4-128; 39: ; or 39:

13 (4) 120 days if the conviction constitutes the second violation of 39:4-128; 39: ; 39: or any combination of such violations in this or any other state arising from separate incidents occurring within a three-year period. (5) one year if the conviction constitutes the third or subsequent violation of 39:4-128; 39: ; 39: or any combination of such violations in this or any other state arising from separate incidents occurring within the past three years. (6) 180 days or more than one year if the person is convicted of violating a driver or vehicle out-of-service order while driving a commercial motor vehicle transporting nonhazardous materials. (7) one year or more than five years if the conviction constitutes the second conviction in a separate incident in this or any other state within a 10-year period of violating a driver or vehicle out-of-service order while driving a commercial motor vehicle transporting nonhazardous materials. (8) three years or more than five years if the conviction constitutes the third or subsequent conviction in a separate incident in this or any other state within a 10-year period of violating a driver or vehicle out-of-service order while driving a commercial motor vehicle transporting nonhazardous materials. (9) 180 days or more than two years if the person is convicted of violating a driver or vehicle out-of- service order while driving a commercial motor vehicle transporting hazardous materials required to be placarded under Subpart F of 49 C.F.R. s.172, or while operating a vehicle designed to transport 16 or more passengers, including the driver. (10) three years or more than five years if the conviction constitutes a second or subsequent conviction in a separate incident within a 10-year period in this or any other state of violating a driver or vehicle out-of-service order while driving a commercial motor vehicle transporting hazardous materials required to be placarded under Subpart F of 49 C.F.R. s.172, or while operating a vehicle designed to transport 16 or more passengers, including the driver. e. The chief administrator shall revoke for life the CMV driving privilege of a person who uses a CMV in the commission of a crime involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance. A revocation under this subsection is not subject to reduction. f. The Chief administrator shall suspend a CMV driving privilege of a person holding, or required to hold, a CDL issued by this State if the person is convicted in another state or foreign jurisdiction of an offense of a substantially similar nature to the offenses specified in this section. A violation such as driving while intoxicated, driving under the influence, or driving while ability is impaired shall be considered substantially similar offenses. g. Notwithstanding any other provision of law to the contrary, a conviction under this section, 39: or 39: , shall not merge with a conviction for a violation of 39:4-50 or 39:

14 h. In addition to any other penalty provided by law, the chief administrator shall suspend for one year the commercial motor vehicle driving privilege of a person for a first violation of: (1) 39:4-50 while operating a non-commercial motor vehicle; (2) 39:4-129 while operating a non-commercial motor vehicle; (3) Refusing to submit to a chemical test under 39: while operating a non-commercial motor vehicle; or (4) Using a non-commercial motor vehicle in the commission of any "crime" as defined in 2C:1-4(a), (c) or (d). i. The chief administrator shall in accordance with this section suspend the commercial motor vehicle driving privilege of a person holding, or required to hold, a commercial driver license issued by this State if that person has been disqualified from operating a commercial motor vehicle by the Federal Motor Carrier Safety Administration pursuant to 49 C.F.R. s because that person's driving has been determined to constitute an imminent hazard. j. A court shall make a report to the chief administrator within three days concerning conviction for violation of 39: et seq. The chief administrator shall, within ten days, notify the CDLIS of the suspension, revocation, or cancellation and, in the case of non-residents, the licensing authority of the state which issued the CDL or where the person is domiciled. k. The MVC shall maintain records of accidents, convictions, and disqualification for persons holding, or required to hold, a commercial driver license in accordance with 49 C.F.R. Sec and the AAMVAnet, Inc.'s "Commercial Driver License Information System State Procedures," as amended and supplemented. Source: 39: This section is substantially similar to the language of the original section, although it has been reorganized and streamlined. It is not clear if subsection (a)(1) comports with the intention of the drafters, since the language of the original statutory section was unclear, this needs to be confirmed. 39A:CDL-14. Agreements or declarations; waiver of provisions a. The Chief administrator may make arrangements, agreements or declarations ( arrangements ) to carry out the provisions of this chapter. The Chief administrator may enter into an arrangement with the duly authorized representative of another jurisdiction concerning licensing or testing of CMV operators, the exchange of information concerning operators, and their operating history. Arrangements shall be in the best interest of this State and its citizens, as determined by recognizing the benefits to this State from a nationwide system for regulating CMV operators. b. The Chief administrator may waive, in whole or in part, after notice and an opportunity for comment, the application of any provision of this chapter or any

15 regulation promulgated pursuant to this chapter with respect to a class of persons or class of CMVs if the Chief administrator determines that such waiver is not contrary to the public interest and does not diminish the safe operation of commercial motor vehicles. Any waiver shall be published in the New Jersey Register, together with reasons for the waiver. A waiver shall not be granted if granting the waiver will or is likely to place the State in the position of not being in substantial compliance with the requirements set forth in the "Commercial Motor Vehicle Safety Act of 1986," 49 U.S.C et seq. The Chief administrator may make applications to the Secretary of the United States Department of Transportation to obtain any waiver permitted under federal law. Source: 39: ; 39: This section is substantially similar to the source sections. 39A:CDL-15. Permit and license fees; duration a. The required fee for a CDL examination or learner's permit shall be $35. b. The Chief administrator may limit the validity of an examination or learner s permit to a specific length of time or number of testing opportunities. c. After the issuance of a CDL, the examination or learner's permit fee for an additional endorsement or license class shall be $10 per endorsement or class. d. The required fee for a 48-month licensing period shall be $18 for each CDL and renewal thereof and $2 for each endorsement and renewal plus a $6 fee for a digitized picture. e. The CDL shall expire on the last day of the 48th calendar month following the calendar month in which the license was issued but the Chief administrator may issue licenses and endorsements which shall expire on a date fixed by the Chief administrator. The fee for such licenses or endorsements shall be fixed in amounts proportionately less or greater than the fee for the 48 month period. f. Nothing in this section shall be construed to alter or change any expiration date on any New Jersey CDL 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 39:3-10, the license shall remain valid until its expiration date. Source: 39: This section is substantially similar to the source section, but outdated language pertaining to permits issued before 1992 was eliminated. There should be a better way to describe the expiration of the license than that found in subsection (e). The same problem is found in the section pertaining to noncommercial licenses. 39A:CDL-16. Exemptions from commercial motor vehicle license requirements a. Unless otherwise required by federal law or regulation, and subject to any applicable regulations, the following individuals shall not be subject to the licensing

16 provisions of the "Commercial Motor Vehicle Safety Act of 1986," 49 U.S.C et seq.: (1) Designated operator of firefighting apparatus; (2) Non-civilian operator of a military vehicle owned or operated by the United States Department of Defense or the National Guard; (3) Operator of a farm vehicle controlled and operated by a farmer, used to transport agricultural products, farm machinery or farm supplies to or from a farm, operated within 150 miles of a person's farm, and not used in the operation of a common or contract motor carrier; (4) Operator of emergency or rescue equipment operated for the purposes of a first aid, ambulance or rescue squad or for disaster control. b. A waiver shall not be granted if the granting of the waiver would place the State in a position of not being in substantial compliance with the requirements of the federal act. Source: 39:3-10j; 39:3-10k; 39:3-10l. This section is substantially similar to the substantive sections of the source sections. The Legislative findings and declarations section was eliminated, as was the provision requiring the Chief administrator to promulgate regulations to effectuate the purposes of the act.