S334

An Act concerning the behind-the-wheel driving requirement for a special learner’s permit and amending P.L.1977, c.25.

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

1. Section 6 of P.L.1977, c.25 (C.39:3-13.2a) is amended to read as follows:

6. a. Any person to whom a special learner's permit has been issued pursuant to section 1 of P.L.1950, c.127 (C.39:3-13.1), upon successful completion of a State approved written examination, eye examination and an approved minimum [six-hour] 12-hour behind-the-wheel driving course, shall be entitled to retain the special learner's permit in his own possession. The special learner's permit shall be validated by the [division] commission for the purpose of driving a motor vehicle on a public highway in this State after the holder has successfully met the necessary examination requirements, and upon the successful completion of a behind-the-wheel driving course. Such person may operate a motor vehicle of the class for which a basic driver's license is required except during the hours between 11:01 p.m. and 5:00 a.m. while in the company and under the supervision, from the front passenger seat, of a licensed motor vehicle driver of this State who is over 21 years of age and has been licensed to drive a passenger automobile for at least three years. Such special permit shall be valid until such person's seventeenth birthday or until he qualifies for a provisional license. Except during an instructional period of a behind-the-wheel driving course, the holder of a special permit shall operate a passenger automobile with only the following passengers: (1) the supervising passenger; (2) persons who share the permit holder's residence; and (3) one additional passenger who does not reside with the permit holder. The holder of the special learner's permit shall not use any 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 interactive wireless communication device or operating its keys, buttons or other controls. All occupants of the automobile shall be secured in a properly adjusted and fastened seat belt or child restraint system.

b. When notified by a court of competent jurisdiction that a special learner's 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); 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 [director] chief administrator determines to be significant and applicable pursuant to regulation, and in addition to any other penalty that may be imposed, the [director] chief administrator shall, without the exercise of discretion or a hearing, suspend the holder's special learner's permit for 90 days. The [director] chief administrator shall restore the permit following the term of the permit suspension if the permit holder, regardless of age, satisfactorily completes 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] 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. If, after completion of the remedial training course, the [director] chief administrator is notified by a court of competent jurisdiction that the special learner's permit holder 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); 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 [director] chief administrator deems significant and applicable pursuant to regulation, the [director] chief administrator, without the exercise of discretion or a hearing, shall also postpone the issuance of a basic license for 90 days. When the [director] chief administrator is notified by a court of competent jurisdiction that a special learner's permit 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 special learner's permit for six months.

(cf: P.L.2001, c.420, s.7)

2. This act shall take effect on the first day of the seventh month following enactment.

STATEMENT

This bill would increase the number of hours of behind-the-wheel driving education needed to obtain a special learner’s permit from six hours to 12 hours.

Special learner’s permits are issued by the Motor Vehicle Commission to persons over 16 years old. The purpose of the license is to prepare for a provisional license by taking a behind-the-wheel driving course. In addition to successfully completing the six-hour behind-the-wheel course, the applicant must pass a written examination and eye examination. Holders of special learner’s permits are subject to certain driving restrictions. For example, they must be accompanied by a driver at least 21 years of age who has been licensed for three years, they may not drive between 11:01 p.m. and 5:00 a.m., and they may transport only a limited number of passengers.