Requires MVC to offer driver's license knowledge test in Italian.

A109

ASSEMBLY, No. 109

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman AL BARLAS

District 40 (Bergen, Essex and Passaic)

SYNOPSIS

���� Requires MVC to offer driver's license knowledge test
in Italian.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the driver�s license examination test and
amending R.S.39:3-10.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� R.S.39:3-10 is amended
to read as follows:

���� 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 possession of a
validated permit, or a probationary or basic driver's license issued to that
person in accordance with this article.

���� b.��� A person under 18 years
of age shall not be issued a basic license to drive motor vehicles, and a
person shall not be issued a validated permit, including a validated
examination permit, until the applicant has passed a satisfactory examination
and other requirements as to the applicant's ability as an operator.� The
examination shall include: a test of the applicant's vision; the applicant's
ability to understand traffic control devices; the applicant's knowledge of
safe driving practices, including the dangers of driving a vehicle in an
aggressive manner, which shall include, but not be limited to, unexpectedly
altering the speed of a vehicle, making improper or erratic traffic lane
changes, disregarding traffic control devices, failing to yield the right of
way, and following another vehicle too closely; the applicant's knowledge of
operating a motor vehicle in a manner that safely shares the roadway with
pedestrians, cyclists, skaters, riders of motorized-scooters, and other
non-motorized vehicles, which shall include, but not be limited to, passing a
cyclist on the roadway, recognizing bicycle lanes, navigating intersections
with pedestrians and cyclists, and exiting a vehicle without endangering
pedestrians and cyclists; the applicant's knowledge of the effects that
ingestion of alcohol or drugs has on a person's ability to operate a motor
vehicle; the applicant's knowledge of the dangers of carbon monoxide poisoning
from motor vehicles and techniques for the safe operation and proper
maintenance of a motor vehicle; the applicant's knowledge of portions of the
mechanism of motor vehicles as is necessary to insure the safe operation of a
vehicle of the kind or kinds indicated by the applicant; and the applicant's
knowledge of the laws and ordinary usages of the road.� The examination shall
be made available in English and each of the three languages, other than
English, most commonly spoken in the State, as determined by the chief
administrator.� The chief administrator shall periodically, and at least every
five years, verify the three languages, other than English, most commonly
spoken in the State.

���� c.��� A person shall not sit
for an examination for any permit without exhibiting photo identification
deemed acceptable by the commission, unless that person is a high school
student participating in a course of automobile driving education approved by
the State Department of Education and conducted in a public, parochial, or
private school of this State, pursuant to section 1 of P.L.1950, c.127
(C.39:3-13.1).

���� Prior to taking an examination
for� any permit, a person shall watch a video created by the commission, in
conjunction with the Attorney General, explaining the rights and
responsibilities of a driver stopped by a law enforcement officer.� The video
shall be used for informational purposes only and shall not be used in any
criminal proceeding involving a driver stopped by a law enforcement officer.

���� The commission may waive the
written law knowledge examination for any person 18 years of age or older
possessing a valid driver's license issued by any other state, the District of
Columbia, or the United States Territories of American Samoa, Guam, Northern
Mariana Islands, Puerto Rico, or the Virgin Islands.� The commission shall be
required to provide that person with a booklet that highlights those motor
vehicle laws unique to New Jersey.� A road test shall be required for a
probationary license and serve as a demonstration of the applicant's ability to
operate a vehicle of the class designated.� During the road test, an applicant
may use a rear visibility system, parking sensors, or other technology
installed on the motor vehicle that enables the applicant to view areas
directly behind the vehicle or alerts the applicant of obstacles while parking.

���� d.��� A person shall not sit
for a road test unless that person exhibits photo identification deemed
acceptable by the commission.� A high school student who has completed a course
of behind-the-wheel automobile driving education approved by the State Department
of Education and conducted in a public, parochial, or private school of this
State, who has been issued a special learner's permit pursuant to section 1 of
P.L.1950, c.127 (C.39:3-13.1) prior to January 1, 2003, shall not be required
to exhibit photo identification in order to sit for a road test.� The
commission may waive the road test for any person 18 years of age or older
possessing a valid driver's license issued by any other state, the District of
Columbia, or the United States Territories of American Samoa, Guam, Northern
Mariana Islands, Puerto Rico, or the Virgin Islands.� The road test shall be
given on public streets, where practicable and feasible, but may be preceded by
an off-street screening process to assess basic skills.� The commission shall
approve locations for the road test which pose no more than a minimal risk of
injury to the applicant, the examiner, and other motorists.� New locations for
the road test shall not be approved unless the test can be given on public
streets.

���� e.��� A person who
successfully completes a road test for a motorcycle license or a motorcycle
endorsement when operating a motorcycle or motorized scooter with an engine
displacement of less than 231 cubic centimeters shall be issued a motorcycle
license or endorsement restricting the person's operation of the vehicles to
any motorcycle with an engine displacement of 500 cubic centimeters or less.� A
person who successfully completes a road test for a motorcycle license or
motorcycle endorsement when operating a motorcycle with an engine displacement
of 231 or more cubic centimeters shall be issued a motorcycle license or
endorsement without any restriction as to engine displacement.� Any person who
successfully completes an approved motorcycle safety education course
established pursuant to the provisions of section 1 of P.L.1991, c.452
(C.27:5F-36) shall be issued a motorcycle license or endorsement without
restriction as to engine displacement.

���� f.���� A person issued a
motorcycle license pursuant to this section may be issued a standard motorcycle
license or a REAL ID motorcycle license. The chief administrator shall require
an applicant for a standard motorcycle license to provide as proof of the applicant's
identity, age, and residence primary and secondary documents, with which the
chief administrator shall attribute point values in accordance with the point
based identification verification program established pursuant to section 28 of
P.L.2003, c.13 (C.39:2A-28).� The point total required to prove the identity of
an applicant for the standard motorcycle license shall be the same for every
applicant, regardless of immigration status.� In the event that the commission
changes the point total threshold, the requirement that every applicant reach
the same point total threshold shall remain in effect.

���� In addition to requiring the
person to submit satisfactory proof of identity and age, the commission shall
require the person to provide:

���� (1)� as a condition for
obtaining a standard motorcycle license, proof of the person's social security
number and one document providing satisfactory proof that the person is a New
Jersey resident.

���� If the person does not have a
social security number, the person shall either:

���� (a)�� provide satisfactory
proof of an Individual Taxpayer Identification Number; or

���� (b)� indicate, in a manner
prescribed by the commission and consistent with all other provisions of
P.L.2019, c.271 (C.39:3-10o et al.), that the person is not eligible to receive
a social security number; or

���� (2)� as a condition for
obtaining a REAL ID motorcycle license: two documents providing satisfactory
proof that the person is a New Jersey resident; proof of the person's social
security number or verification of ineligibility for a social security number
in accordance with the "REAL ID Act of 2005," Pub.L.109-13, any acts
amendatory or supplementary thereto, and any federal regulations adopted
thereunder; and proof that the person's presence in the United States is
authorized under federal law.

���� A standard motorcycle license
shall indicate that the license shall not be accepted as identification for an
official purpose, as that term is defined under the "REAL ID Act of
2005," Pub.L.109-13, any acts amendatory or supplementary thereto, and any
federal regulations adopted thereunder.

���� g.��� The commission shall
issue a standard basic driver's license or a REAL ID basic driver's license to
operate a motor vehicle other than a motorcycle to a person over 18 years of
age who previously has not been licensed to drive a motor vehicle in this State
or another jurisdiction only if that person has: (1) operated a passenger
automobile in compliance with the requirements of this Title for not less than
one year, not including any period of suspension or postponement, from the date
of issuance of a probationary license pursuant to section 4 of P.L.1950, c.127
(C.39:3-13.4); (2) not been assessed more than two motor vehicle points; (3)
not been convicted in the previous year for a violation of R.S.39:4-50, section
2 of P.L.1981, c.512 (C.39:4-50.4a), section 1 of P.L.1992, c.189
(C.39:4-50.14), R.S.39:4-129, N.J.S.2C:11-5, section 1 of P.L.2017, c.165
(C.2C:11-5.3), subsection c. of N.J.S.2C:12-1, or any other motor
vehicle-related violation the commission determines to be significant and
applicable pursuant to regulation; and (4) passed an examination of the
applicant's ability to operate a motor vehicle pursuant to this section.

���� h.��� The commission shall
expand the driver's license examination by 20 percent. The additional questions
to be added shall consist solely of questions developed in conjunction with the
Department of Health concerning the use of alcohol or drugs as related to
highway safety. The commission shall develop, in conjunction with the
Department of Health, supplements to the driver's manual which shall include
information necessary to answer any question on the driver's license
examination concerning alcohol or drugs as related to highway safety.

���� Up to 20 questions may be
added to the examination on subjects to be determined by the commission that
are of particular relevance to youthful drivers, including the importance of
operating a motor vehicle in a manner that safely shares the roadway with pedestrians,
cyclists, skaters, riders of motorized-scooters, and other non-motorized
vehicles, which shall include, but not be limited to, passing a cyclist on the
roadway, recognizing bicycle lanes, navigating intersections with pedestrians
and cyclists, and exiting a vehicle without endangering pedestrians and
cyclists, and the dangers of driving a vehicle in an aggressive manner, which
shall include, but not be limited to, unexpectedly altering the speed of a
vehicle, making improper or erratic traffic lane changes, disregarding traffic
control devices, failing to yield the right of way, and following another
vehicle too closely, after consultation with the Director of the Division of
Highway Traffic Safety in the Department of Law and Public Safety.

���� The commission shall expand
the driver's license examination to include a question asking whether the
applicant is aware of the provisions of the "Revised Uniform Anatomical
Gift Act," P.L.2008, c.50 (C.26:6-77 et al.) and the procedure for indicating
on the driver's license the intention to make a donation of body organs or
tissues pursuant to section 1 of P.L.1978, c.181 (C.39:3-12.2).

����
In addition to the English
language and other foreign languages in which the driver�s license examination
is offered, the chief administrator shall offer the examination in Italian.

���� The commission shall expand
the driver's license examination to include a question asking whether the
applicant is aware of the dangers of failing to comply with this State's motor
vehicle traffic laws and the "STOP for Nikhil Safety Pledge" set
forth in subsection e. of R.S.39:3-41.

���� The commission shall expand
the driver's license examination to include questions concerning the dangers of
carbon monoxide poisoning from motor vehicles and techniques for the safe
operation and proper maintenance of a motor vehicle.

���� i.���� Any person applying for
a driver's license to operate a motor vehicle or motorized bicycle in this
State shall surrender to the commission any current driver's license issued to
the applicant by another state or jurisdiction upon the applicant's receipt of
a driver's license for this State.� The commission shall refuse to issue a
driver's license if the applicant fails to comply with this provision. An
applicant for a permit or license who is under 18 years of age, and who holds a
permit or license for a passenger automobile issued by another state or country
that is valid or has expired within a time period designated by the commission,
shall be subject to the permit and license requirements and penalties
applicable to State permit and license applicants who are of the same age;
except that if the other state or country has permit or license standards
substantially similar to those of this State, the credentials of the other
state or country shall be acceptable.

���� j. (1) The commission shall
create classified licensing of drivers covering the following classifications:

���� (a) Motorcycles, except that
for the purposes of this section, motorcycle shall not include any
three-wheeled motor vehicle equipped with a single cab with glazing enclosing
the occupant, seats similar to those of a passenger vehicle or truck, seat
belts and automotive steering or any vehicle defined as a motorcycle pursuant
to R.S.39:1-1 having a motor with a maximum piston displacement that is less
than 50 cubic centimeters or a motor that is rated at no more than 1.5 brake
horsepower with a maximum speed of no more than 35 miles per hour on a flat
surface.

���� (b) Omnibuses as classified by
R.S.39:3-10.1 and school buses classified under N.J.S.18A:39-1 et seq.

���� (c) (Deleted by amendment,
P.L.1999, c.28)

���� (d) All motor vehicles not
included in classifications (a) and (b).� A license issued pursuant to this
classification d. shall be referred to as the "basic driver's
license" and may be issued as a standard basic driver's license or a REAL
ID basic driver's license.

���� (2)� Every applicant for a
license under classification b. shall be a holder of a basic driver's license.�
Any issuance of a license under classification b. shall be by endorsement on
the person's basic driver's license.

���� (3)� A driver's license for
motorcycles may be issued separately, but if issued to the holder of a basic
driver's license, it shall be by endorsement on the person's basic driver's
license.� The holder of a basic driver's license or a separately issued motorcycle
license shall be authorized to operate a motorcycle having a motor with a
maximum piston displacement that is less than 50 cubic centimeters or a motor
that is rated at no more than 1.5 brake horsepower with a maximum speed no more
than 35 miles per hour on a flat surface.�

���� k.��� The commission, upon
payment of the lawful fee and after it or a person authorized by it has
examined the applicant and is satisfied of the applicant's ability as an
operator, may, in its discretion, issue a license to the applicant to drive a
motor vehicle.� The license shall authorize the person to drive any registered
vehicle, of the kind or kinds indicated.

���� l.���� The license shall
expire, except as otherwise provided, during the fourth calendar year following
the date in which the license was issued and on the same calendar day as the
person's date of birth.� If the person's date of birth does not correspond to a
calendar day of the fourth calendar year, the license shall expire on the last
day of the person's birth month.

���� The commission may, at its
discretion and for good cause shown, issue licenses that expire on a date fixed
by it.� If the commission issues a REAL ID basic driver's license or REAL ID
motorcycle license to a person who has demonstrated authorization to be present
in the United States for a period of time shorter than the standard period of
the license, the commission shall fix the expiration date of the license at a
date based on the period in which the person is authorized to be present in the
United States under federal immigration laws. The commission may renew the
person's REAL ID basic driver's license or REAL ID motorcycle license only if
it is demonstrated that the person's continued presence in the United States is
authorized under federal law.� The fee for licenses with expiration dates fixed
by the commission shall be fixed by the commission in amounts proportionately
less or greater than the fee herein established.

���� m.�� The required fee for a
license for the license period shall be as follows, subject to adjustment
pursuant to section 16 of P.L.2007, c.335 (C.39:2A-36.1):

����������� Standard motorcycle
license or endorsement: $18.

����������� REAL ID motorcycle
license: $29.

����������� Omnibus or school bus
endorsement: $18.

����������� Standard basic driver's
license: $18.

����������� REAL ID basic driver's
license: $29.

���� The commission shall waive the
payment of fees for issuance of omnibus endorsements whenever an applicant
establishes to the commission's satisfaction that the applicant will use the
omnibus endorsement exclusively for operating omnibuses owned by a nonprofit
organization duly incorporated under Title 15 or 16 of the Revised Statutes or
Title 15A of the New Jersey Statutes.

���� n.��� The commission shall
issue licenses for the following license period on and after the first day of
the calendar month immediately preceding the commencement of the period, the
licenses to be effective immediately.

���� o.��� All applications for
renewals of licenses shall be made in a manner prescribed by the commission and
in accordance with procedures established by it.

���� p.��� The commission in its
discretion may refuse to grant a permit or license to drive motor vehicles to a
person who is, in its estimation, not a proper person to be granted a permit or
license, but a defect of the applicant shall not debar the applicant from
receiving a permit or license unless it can be shown by tests approved by the
commission that the defect incapacitates the applicant from safely operating a
motor vehicle.

���� q.��� A person issued a basic
driver's license pursuant to this section may be issued a standard basic
driver's license or a REAL ID basic driver's license.� The chief administrator
shall require an applicant for a standard basic driver's license to provide as
proof of the applicant's identity, age, and residence primary and secondary
documents, with which the chief administrator shall attribute point values in
accordance with the point based identification verification program established
pursuant to section 28 of P.L.2003, c.13 (C.39:2A-28).� The point total
required to prove the identity of an applicant for the standard basic driver's
license shall be the same for every applicant, regardless of immigration
status.� In the event that the commission changes the point total threshold,
the requirement that every applicant reach the same point total threshold shall
remain in effect.

���� r.���� In addition to
requiring an applicant for a driver's license to submit satisfactory proof of
identity and age, the commission also shall require the applicant to provide:

���� (1)� as a condition for
obtaining a permit and standard basic driver's license, proof of the person's
social security number and one document providing satisfactory proof that the
applicant is a New Jersey resident.� If the person does not have a social security
number, the person shall either:

���� (a)�� provide satisfactory
proof of an Individual Taxpayer Identification Number; or

���� (b)� indicate, in a manner
prescribed by the commission and consistent with all other provisions of
P.L.2019, c.271 (C.39:3-10o et al.), that the person is not eligible to receive
a social security number; or

���� (2)� as a condition for
obtaining a REAL ID basic driver's license: two documents providing
satisfactory proof that the applicant is a New Jersey resident; proof of the
applicant's social security number or verification of ineligibility for a
social security number in accordance with the "REAL ID Act of 2005,"
Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal
regulations adopted thereunder; and proof that the applicant's presence in the
United States is authorized under federal law.

���� s.���� A standard basic
driver's license shall indicate that the license shall not be accepted as
identification for an official purpose, as that term is defined under the
"REAL ID Act of 2005," Pub.L.109-13, any acts amendatory or
supplementary thereto, and any federal regulations adopted thereunder.

���� t.���� If the commission has
reasonable cause to suspect that any document presented by an applicant
pursuant to this section is altered, false, or otherwise invalid, the
commission shall refuse to grant the permit or license until the time when the
document may be verified by the issuing agency to the commission's
satisfaction.

���� u.��� A person violating this
section shall be subject to a fine not exceeding $500 or imprisonment in the
county jail for not more than 60 days, but if that person has never been
licensed to drive in this State or any other jurisdiction, the applicant shall
be subject to a fine of not less than $200 and, in addition, the court shall
issue an order to the commission requiring the commission to refuse to issue a
license to operate a motor vehicle to the person for a period of not less than
180 days.� The penalties provided for by this paragraph shall not be applicable
in cases where failure to have actual possession of the operator's license is
due to an administrative or technical error by the commission.

���� v.��� Nothing in this section
shall be construed to alter or extend the expiration of any license issued
prior to the date this amendatory and supplementary act becomes operative.

���� w.�� Any documents and
personal information, including an applicant's photograph, obtained by the
commission from an applicant for a standard basic driver's license or standard
motorcycle license shall be confidential, shall not be considered a government
record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404
(C.47:1A-5 et al.), or the common law concerning access to government records,
and shall not be disclosed by the commission for any purpose related to Title 8
of the United States Code without the informed consent of the applicant, a
warrant signed by a State or federal judge, or a lawful court order or
subpoena; except that nothing in this section shall be construed to prohibit,
or in any way restrict, any action where such prohibition or restriction would
be contrary to federal law; and except that information under this subsection
may be shared in accordance with section 2 of P.L.2021, c.139 (C.39:2-3.9).�
When responding to a warrant, court order, or subpoena, the commission may
disclose only those records or information specifically requested in the
warrant, court order, or subpoena.

���� Possession of a standard basic
driver's license or standard motorcycle license issued pursuant to this section
shall not be considered evidence of an individual's citizenship or immigration
status and shall not be used as a basis for an investigation, arrest, citation,
prosecution, or detention.

���� Information regarding an
applicant's Individual Tax Identification Number, social security number, or
ineligibility to receive a social security number obtained by the commission
for the issuance of a standard motorcycle license or standard basic driver's
license pursuant to this section, shall not be considered a government record
pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et
al.), or the common law concerning access to government records, and shall not
be disclosed by the commission except where: (1) required by section 11 of
P.L.1998, c.1 (C.2A:17-56.60); (2) the applicant provides written informed
consent to the disclosure; (3) the requesting entity presents a warrant signed
by a State or federal judge, a lawful court order, or a subpoena; (4) required
by State or federal law, and to the extent that the disclosure may be necessary
to permit the State to participate in the National Driver Register program, as
set forth in 49 U.S.C. s.30301 et seq.; (5) the disclosure is in connection
with an audit or investigation of identity fraud, driver's license fraud, or
non-driver identification card fraud; or (6) consistent with section 2 of
P.L.2021, c.139 (C.39:2-3.9).

���� x.��� As used in this section:

���� "Parking sensors"
means proximity sensors which use either electromagnetic or ultrasonic
technology and are designed to alert the driver to obstacles while parking.

���� "Rear visibility
system" means devices or components installed on a motor vehicle at the
time of manufacture that allow a forward facing driver to view a visual image
of the area directly behind the vehicle.

(cf: P.L.2021, c.139, s.4)

���� 2.��� This act shall take
effect on the first day of the third month after enactment.

STATEMENT

���� This bill requires the Chief
Administrator of the Motor Vehicle Commission (MVC) to make the driver�s
license examination test available in Italian.

���� In the last few years, the MVC
has eliminated the administration of the examination test in several foreign
languages, including Italian.� Applicants who would have taken the test in
Italian may be accompanied by an interpreter who meets certain criteria.�
Obtaining an interpreter, however, places an additional burden on the
applicant.� Under the provisions of this bill, the MVC would be required to
reinstate a driver�s license examination test in Italian.