S2214

An Act concerning provisional licenses and amending P.L.1950, c.127.

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

1. Section 4 of P.L.1950, c.127 (C.39:3-13.4) is amended to read as follows:

4. The holder of a special learner's permit shall be entitled to a provisional driver's license (1) upon attaining the age of 17 years, (2) upon the satisfactory completion of an approved behind-the-wheel automobile driving education course as indicated upon the face of the special permit over the signature of the principal of the school or the person operating the drivers' school in which the course was conducted,(3) upon the completion of six months' driving experience with a validated special learner's permit in compliance with the provisions of section 6 of P.L.1977, c.25 (C.39:3-13.2a) and (4) upon passing the road test pursuant to R.S.39:3-10.

The holder of a provisional license shall be permitted to operate the passenger automobile with only one additional passenger in the vehicle besides persons with whom the holder resides, except that this passenger restriction shall not apply when either the holder of the provisional license or one other passenger is at least 21 years of age or when the holder of the provisional license is an emergency medical technician operating a vehicle in an official capacity, or is traveling to, preparing for, or returning from official duties while under orders from a supervising authority. Further, the holder of the provisional license who is under 21 years of age shall not drive during the hours between 12:01 a.m. and 5 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 such activity in a manner provided for by the [director] chief administrator or when the holder of the provisional license is an emergency medical technician operating a vehicle in an official capacity, or is traveling to, preparing for, or returning from official duties while under orders from a supervising authority. The holder of the provisional license shall not use any interactive wireless communication device, except in an emergency, while operating a moving passenger automobile on a public road or highway except when the holder of the provisional license is an emergency medical technician operating a vehicle in an official capacity, or is traveling to, preparing for, or returning from official duties while under orders from a supervising authority. "Use" shall include, but not be limited to, talking or listening on any interactive wireless communication device or operating its keys, buttons or other controls. In addition, the holder of the provisional license shall ensure that all occupants of the vehicle are secured in a properly adjusted and fastened seat belt or child restraint system. In addition to any other penalties provided under law, the holder of a provisional license who accumulates more than two motor vehicle points or is convicted of a violation of R.S.39:4-50; section 2 of P.L.1981, c.512 (C.39:4-50.4a); 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 law the [director] chief administrator deems to be significant and applicable pursuant to regulation shall, for the first violation, be required to satisfactorily complete a remedial training course of not less than four hours which may be given by the [division] commission, a drivers' school licensed by the [director] chief administrator pursuant to section 2 of P.L.1951, c.216 (C.39:12-2) or any Statewide safety organization approved by the [director] chief administrator. The course shall be administered pursuant to rules and regulations promulgated by the [director] chief administrator and subject to oversight by the [division] commission. The authority of the [director] chief administrator to suspend, revoke or deny issuance of an initial or renewal license to operate a drivers' school or an instructor's license, and to assess fines, pursuant to P.L.1951, c.216 (C.39:12-1 et seq.) shall apply to any violations related to the administration of a remedial training course. The permit holder shall also remit a course fee prior to the commencement of the course. When notified by a court of competent jurisdiction that a provisional license holder has been convicted of a second or subsequent violation, in addition to any other penalties provided under law, the [director] chief administrator shall, without the exercise of discretion or a hearing, suspend the provisional license for three months and shall postpone eligibility for a basic license for an equivalent period. In addition, when the [director] chief administrator is notified by a court of competent jurisdiction that a provisional license holder has been convicted of any alcohol or drug-related offense unrelated to the operation of a motor vehicle, and he is not otherwise subject to any other suspension penalty therefor, the [director] chief administrator shall, without the exercise of discretion or a hearing, suspend the provisional license for six months.

A provisional license may be sent by mail and shall be clearly identifiable and distinguishable in appearance from a basic license by any name, mark, color or device deemed appropriate by the director.

(cf: P.L.2001, c.420, s.8)

2. This act shall take effect immediately.

STATEMENT

This bill creates an exception to the provisional license requirement for emergency medical technicians who operate a vehicle in their official capacity. Under current law, the holder of a provisional license is only permitted to carry one additional passenger besides persons with whom the holder of the provisional license resides. Additionally, the holder of a provisional license who is under 21 years of age shall not drive during the hours between 12:01 a.m. and 5 a.m. or operate a wireless communication device. Under the bill, these restrictions would not apply to emergency medical technicians who operates a vehicle in their official capacity or are traveling to, preparing for, or returning from their official duties while under orders from a supervising authority.