Changes certain driver testing and education requirements for persons with disabilities.

S1584 TR

SENATE, No. 1584

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator CARMEN F. AMATO, JR.

District 9 (Ocean)

Senator� KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

Co-Sponsored by:

Senator Henry

SYNOPSIS

���� Changes certain driver testing and education
requirements for persons with disabilities.

CURRENT VERSION OF TEXT

���� As reported by the Senate Transportation Committee
with technical review.

��

An Act

concerning driver testing and education
requirements for persons with disabilities and amending various parts of the
statutory law.

����
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, a driver's
responsibilities when approaching and passing a pedestrian or person operating
a bicycle or personal conveyance on the roadway pursuant to P.L.2021, c.194
(C.39:4-92.4) and the penalties for failing to comply with these
responsibilities, 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 ensure 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.�
Notwithstanding the provisions of this section to the contrary, a
person with a disability shall be permitted to take the required road test with
a parent or guardian in the vehicle.

���� 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, a driver's
responsibilities when approaching and passing a pedestrian or person operating
a bicycle or personal conveyance on the roadway pursuant to P.L.2021, c.194
(C.39:4-92.4) and the penalties for failing to comply with these
responsibilities, 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).

���� 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
]

the
commission,
or a person authorized by
[
it
]

the
commission,
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 Taxpayer 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.

����
�Person with a disability�
means a person who has a physical or mental impairment that substantially
limits one or more major life activities or a person who has a history or
record of such an impairment, as determined by the New Jersey Motor Vehicle Commission.

���� "Rear visibility
system" means devices or components installed on a motor vehicle at the
time of manufacture that allow a
[
forward
facing
]

forward-facing
driver to view a visual image of the area directly behind
the vehicle.

(cf:� P.L.2025, c.103, s.1)

����� 2.� R.S.39:3-13 is amended to
read as follows:

���� 39:3-13. a. The chief
administrator may, in the chief administrator's discretion, issue to a person
over 17 years of age an examination permit, under the hand and seal of the
chief administrator, allowing that person, for the purpose of fitting the person
to become a licensed driver, to operate a designated class of motor vehicles
other than passenger automobiles and motorcycles for a specified period of not
more than 90 days, while in the company and under the supervision of a driver
licensed to operate the designated class of motor vehicles.

���� b.��� The chief administrator,
in the chief administrator's discretion, may issue for a specified period of
not less than one year a passenger automobile or motorcycle-only examination
permit to a person over 17 years of age regardless of whether a person has completed
a course of behind-the-wheel automobile driving education pursuant to section 1
of P.L.1950, c.127 (C.39:3-13.1)
; except that a person with a disability who
is 16 years of age shall be permitted to obtain a passenger automobile
examination permit regardless of whether
the
person has completed a course of behind-the-wheel automobile
driving education pursuant to section 1 of P.L.1950, c.127 (C.39:3-13.1)
.�
An examination permit applicant who is under 18 years of age shall obtain the
signature of a parent or guardian for submission to the commission on a form
prescribed by the chief administrator.� The chief administrator shall postpone
for six months the driving privileges of any person who submits a fraudulent
signature for a parent or guardian.�
As used in this subsection, �person
with a disability� means a person who has a physical or mental impairment that
substantially limits one or more major life activities or a person who has a
history or record of such an impairment, as determined by the New Jersey Motor
Vehicle Commission.

���� c.���� For six months
immediately following the validation of an examination permit, and until the
holder passes the road test, the holder who is less than 21 years of age shall
operate the passenger automobile only when accompanied by, and under the
supervision of, a New Jersey licensed driver who is at least 21 years of age
and has been licensed to drive a passenger automobile for not less than three
years.� The holder of an examination permit who is at least 21 years of age
shall operate the passenger automobile for the first three months under this
supervision and until the holder passes the road test.� The supervising driver
of the passenger automobile shall sit in the front seat of the vehicle.�
Whenever operating a vehicle while in possession of an examination permit, the
holder of the permit shall operate the passenger automobile with only one
additional passenger in the vehicle excluding dependents of the permit holder,
except that this passenger restriction shall not apply when the permit holder
is at least 21 years of age or when the permit holder is accompanied by a
parent or guardian.� Further, the holder of the passenger automobile permit who
is less than 21 years of age shall not drive during the hours between 11:01
p.m. and 5:00 a.m.;
[
provided,
]
however,
[
that
]
this
condition may be waived for 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 for any bona fide
employment or religion-related activity if the employer or appropriate
religious authority provides written verification of the activity in a manner
provided for by the chief administrator.� The holder of the examination permit
shall not use any hand-held or hands-free interactive wireless communication
device, except in an emergency, while operating a moving passenger automobile
on a public road or highway.� "Use" shall include, but not be limited
to, talking or listening on any hand-held or hands-free interactive wireless
communication device or operating its keys, buttons, or other controls.� The
passenger automobile permit holder shall ensure that all occupants of the
vehicle are secured in a properly adjusted and fastened seat belt or child
restraint system.

���� d.��� The holder of an
examination permit subject to the provisions of section 1 of P.L.1977, c.23
(C.39:3-10b) shall not operate a motorcycle at any time from a half-hour after
sunset to a half-hour before sunrise.� A motorcycle operated by the holder of
an examination permit shall carry only the operator and shall not be operated
on any toll road over which the New Jersey Turnpike Authority or the South
Jersey Transportation Authority has jurisdiction or on any limited-access
interstate highway.

���� e.���� The holder of any
examination permit shall not 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 of no more than
35 miles per hour on a flat surface at any time from a half-hour after sunset
to a half-hour before sunrise and shall not operate the motorcycle with any
other passenger.� The holder of any examination permit shall not operate such a
motorcycle upon limited-access interstate highways or public roads or highways
with a posted speed limit greater than 35 miles per hour.

���� f.���� An applicant for an
examination permit subject to the provisions of section 1 of P.L.1977, c.23
(C.39:3-10b), who is less than 18 years of age, shall be required to
successfully complete a motorcycle safety education course established pursuant
to the provisions of section 1 of P.L.1991, c.452 (C.27:5F-36) as a condition
for obtaining a motorcycle license or endorsement.

���� g.��� The chief administrator
shall provide the holder of an examination permit with two removable,
transferable, highly visible, reflective decals indicating that the driver of
the vehicle may be the holder of an examination permit.� The decals shall be
designed by the chief administrator, in consultation with the Division of
Highway Traffic Safety in the Department of Law and Public Safety.� The chief
administrator may charge a fee for the decals not to exceed the actual cost of
producing and distributing the decals.� The decals shall be displayed in a
manner prescribed by the chief administrator, in consultation with the Division
of Highway Traffic Safety in the Department of Law and Public Safety, and shall
be clearly visible to law enforcement officers.� The holder of an examination
permit shall not operate a vehicle unless the decals are displayed.� The decal
shall be removed once the driver's examination permit period has ended.

���� h.��� When notified by a court
of competent jurisdiction that an examination permit holder has been convicted
of a violation which causes the permit holder to accumulate more than two motor
vehicle points or has been convicted of 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 law the
chief administrator deems significant and applicable pursuant to regulation, in
addition to any other penalty that may be imposed, the chief administrator
shall, without the exercise of discretion or a hearing, suspend the examination
permit holder's examination permit for 90 days.� The chief administrator shall
restore the permit following the term of the permit suspension if the permit
holder satisfactorily completes a remedial training course of not less than
four hours which may be given by the commission, a driving school licensed by
the chief administrator pursuant to section 2 of P.L.1951, c.216 (C.39:12-2),
or any Statewide safety organization approved by the chief administrator.� The
course shall be subject to oversight by the commission according to its
guidelines.� The permit holder shall also remit a course fee prior to the
commencement of the course.� The chief administrator also shall postpone
,

without the exercise of discretion or a hearing
,
the issuance of a basic
license for 90 days if the chief administrator is notified by a court of
competent jurisdiction that the examination permit holder, after completion of
the remedial training course, has been convicted of any motor vehicle violation
which results in the imposition of any motor vehicle points or has been
convicted of 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; subsection c. of N.J.S.2C:12-1; or any other motor
vehicle-related law the chief administrator deems significant and applicable
pursuant to regulation.� When the chief administrator is notified by a court of
competent jurisdiction that an examination permit holder has been convicted of
any alcohol or drug-related offense unrelated to the operation of a motor
vehicle and is not otherwise subject to any other suspension penalty therefor,
the chief administrator shall, without the exercise of discretion or a hearing,
suspend the examination permit for six months.

���� i.���� An examination permit
for a motorcycle or a commercial motor vehicle issued to a person with a
disability, as determined by the New Jersey Motor Vehicle Commission after
consultation with the Department of Education, shall be valid for nine months
or until the completion of the road test portion of the license examination,
whichever period is shorter.

���� j.���� Each permit shall be
sufficient license for the person to operate the designated class of motor
vehicles in this State during the period specified, while in the company of and
under the control of a driver licensed by this State to operate the designated
class of motor vehicles, or, in the case of a commercial driver license permit,
while in the company of and under the control of a holder of a valid commercial
driver license for the appropriate license class and with the appropriate
endorsements issued by this or any other state.� The person, as well as the
licensed driver, except for a motor vehicle examiner administering a driving
skills test, shall be held accountable for all violations of this subtitle
committed by the person while in the presence of the licensed driver.

���� k.��� In addition to requiring
an applicant for an examination permit to submit satisfactory proof of identity
and age in accordance with the type of license for which the applicant has
applied, the chief administrator also shall require the applicant to provide
the requisite number of documents providing satisfactory proof that the
applicant is a resident of the State in accordance with the provisions of
R.S.39:3-10.

���� l.���� Any documents and
personal information, including an applicant's photograph, obtained by the
commission from an applicant for a standard permit 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
purposes 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
permit 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 Taxpayer Identification Number, social security number,
or ineligibility to receive a social security number obtained by the commission
for the issuance of a standard permit 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).

���� m.�� If the chief
administrator has reasonable cause to suspect that any document presented by an
applicant pursuant to this section is altered, false, or otherwise invalid, the
chief administrator shall refuse to grant the permit until the document is
verified by the issuing agency to the chief administrator's satisfaction.

���� n.��� 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.

���� o.��� A probationary driver's
license shall not be issued to the holder of an examination permit under the
age of 21 unless the permit holder completes a minimum of 50 hours of practice
driving, 10 hours of which shall be completed during hours of darkness.� The
permit holder's parent or guardian, or the person who accompanied and
supervised the permit holder during the practice driving, shall certify, in a
form and manner determined by the chief administrator, that the permit holder
has completed the required number of hours of practice driving, including the
required number of hours during hours of darkness.� The chief administrator
shall suspend for six months the driving privileges of any examination permit
holder who submits a fraudulent certification of a parent, guardian, or
supervising driver.

���� The holder of an examination
permit shall be required to take a road test in order to obtain a probationary
license.� No road test for any person who has been issued an examination permit
to operate a passenger vehicle shall be given unless the person has met the
requirements of this section.� No road test for a probationary license shall be
given unless the applicant has first secured an examination permit and no road
test shall be scheduled for an applicant who has secured an examination permit
for a passenger vehicle or a motorcycle for which an endorsement is not
required until at least six months, for an applicant under 21 years of age, or
three months, for an applicant 21 years of age or older, have elapsed following
the validation of the examination permit for practice driving, or, in the case
of an examination permit for other vehicles, until 20 days have elapsed.� In
the case of an omnibus endorsement or school bus, no road test shall be
scheduled until at least 10 days shall have elapsed.� Every applicant for an
examination permit to qualify for an omnibus endorsement or an articulated
vehicle endorsement shall be a holder of a valid basic driver's license.

���� p.��� The required fees for
special learner's permits and examination permits shall be as follows:

���� Basic driver's
license...............................................up to $10

���� Motorcycle license or
endorsement...................................$5

���� Omnibus or school bus
endorsement................................$25

���� q.��� The chief administrator
shall waive the payment of fees for issuance of examination permits for omnibus
endorsements whenever the applicant establishes to the chief administrator'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.

���� r.���� The specified period
for which a permit is issued may be extended for not more than an additional 60
days, without payment of an added fee, upon application made by the holder
thereof, where the holder has applied to take the examination for a driver's license
prior to the expiration of the original period for which the permit was issued
and the chief administrator was unable to schedule an examination during the
period.

���� s.���� As a condition for the
issuance of an examination permit under this section, the chief administrator
shall secure a digitized photograph of the applicant.� The photograph shall be
stored in a manner prescribed by the chief administrator and may be displayed
on the examination permit.

���� The chief administrator may
require that whenever a person to whom an examination permit has been issued
has reconstructive or cosmetic surgery which significantly alters the person's
facial features, the person shall notify the chief administrator who may
require the photograph of the person to be updated.

���� t.���� Specific use of the
examination permit and any information stored or encoded, electronically or
otherwise, in relation thereto shall be in accordance with P.L.1997, c.188
(C.39:2-3.3 et seq.), section 2 of P.L.2021, c.139 (C.39:2-3.9), and the
federal "Driver's Privacy Protection Act of 1994," Pub.L.103-322.�
Notwithstanding the provisions of any other law to the contrary, the digitized
photograph or any access thereto or any use thereof shall not be sold, leased,
or exchanged for value.

(cf: P.L.2023, c.216, s.1)

����� 3.�

Section 1 of P.L.1950, c.127 (C.39:3-13.1) is amended to read as
follows:

���� 1. a. The Chief Administrator
of the New Jersey Motor Vehicle Commission may issue to a person over 16 years
of age a special learner's permit, under the hand and seal of the chief
administrator, allowing such person, for the purpose of preparing to qualify
for a probationary license for a passenger automobile by operating a
[
dual pedal
controlled
]

motor vehicle while taking a required 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 or a course of
behind-the-wheel automobile driving instruction conducted by a drivers' school
duly licensed pursuant to the provisions of P.L.1951, c.216 (C.39:12-1 et
seq.). The special learner's permit shall be issued in lieu of the examination
permit provided for in R.S.39:3-13.

���� b.��� In addition to requiring
an applicant for a permit to submit satisfactory proof of identity and age in
accordance with the type of license for which the applicant has applied, the
chief administrator also shall require the applicant to provide the requisite
number of documents providing satisfactory proof that the applicant is a
resident of the State.

���� Any documents and personal
information, including an applicant's photograph, obtained by the commission
from an applicant for a standard permit 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
permit 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
]

Taxpayer

Identification
Number, social security number, or ineligibility to receive a social security
number obtained by the commission for the issuance of a standard permit
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).

���� If the chief administrator has
reasonable cause to suspect that any document presented by an applicant
pursuant to this section is altered, false
,
or otherwise invalid, the
chief administrator shall refuse to grant the permit until such time as the
document may be verified by the issuing agency to the chief administrator's
satisfaction.

���� 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.

���� c.���� The special learner's
permit described above, when issued to a person taking a course of
behind-the-wheel driving education conducted in a public, parochial, or private
school, shall be retained in the office of the school principal at all times
except during such time as the person to whom the permit is issued is
undergoing behind-the-wheel automobile driving instruction.� The chief
administrator may make such rules and regulations as he may deem necessary to
carry out the provisions of this section.

(cf: P.L.2021, c.139, s.6)

�����
4.
Section 2 of P.L.1950, c.127 (C.39:3-13.2) is amended to read as follows:

����
As used in this section,
�person with a disability� means a person who has a physical or mental
impairment that substantially limits one or more major life activities or a
person who has a history or record of such an impairment, as determined by the
New Jersey Motor Vehicle Commission.

���� The special permit shall be
sufficient license for the person to operate a
[
dual pedal controlled
]
motor vehicle
in this State during the period specified, while in the company of and under
the control of
:
� a teacher, certified by the State Department of
Education as authorized to instruct in an approved behind-the-wheel automobile
driving education course or a duly licensed instructor of a drivers' school
[
,
]
or while in
the company of a representative of� the
[
Division
of Motor Vehicles
]

New Jersey Motor Vehicle Commission
for the purpose of submitting to
examination for a driver's license.� Such person, as well as the said teacher
or instructor, shall be held accountable for all violations of subtitle 1 of
Title 39 of the Revised Statutes and any supplements thereto committed by such
person while in the presence of the teacher or instructor.
A parent or
guardian of a person with a disability who is a holder of the special permit
shall be allowed to be present in the motor vehicle during an approved
behind-the-wheel automobile driving education course.

(cf: P.L.1977, c.25, s.5)

���� 5. This act shall take effect
immediately.