S1251

An Act concerning provisional driver’s licenses and amending P.L.1950, c.127 and P.L.2001, c.421, and supplementing chapter 3 of Title 39 of the Revised Statutes.

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. a. 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.

b. 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. 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.

c. 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. "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.

d. 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.

e. 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.

f. The chief administrator shall provide the holder of a provisional license with a removable magnetic decal indicating that the driver of the vehicle may be the holder of a provisional license. The decal, which shall be designed by the chief administrator shall be displayed in a manner prescribed by the chief administrator on any vehicle driven by the holder of a provisional license. The holder of a provisional license shall not operate a vehicle unless the decal is displayed. The decal shall be removed once the driver’s provisional license period has ended.

g. 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] chief administrator.

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

2. Section 11 of P.L.2001, c.421 (C.39:3-13.8) is amended to read as follows:

11. A fine of [$100] $300 shall be imposed for violating the following conditions of a special learner’s permit, an examination permit or a provisional driver's license:

a. supervision requirements for permit holders;

b. passenger restrictions;

c. hours of operation;

d. seat belt requirements;

e. interactive wireless communication device use restrictions; or

f. any other violation of the conditions of a permit or provisional license as the [director] chief administrator may designate.

In addition to the $300 fine, any person who violates subsections a., b., c., d., e., or f. of this section shall, for a first offense, be subject to a three month suspension of their driving privilege and, for a subsequent offense, a six month suspension of their driving privilege.

(cf: P.L.2001, c.420, s.11)

3. (New section) A person who violates the decal requirements required in section 4 of P.L.1950, c.127 (C.39:3-13.4) shall be subject to a fine of $1,000 and have their driving privilege suspended for one year.

4. This act shall take effect on the first day of the tenth month after enactment.

STATEMENT

This bill would require the holder of a provisional driver’s license to affix a removable magnetic decal to his car indicating that the driver may be the holder of a provisional license. Under the provisions of this bill, the holder of a provisional license would be prohibited from operating a vehicle unless the decal was properly displayed. The sticker is to be provided by the Motor Vehicle Commission and designed and displayed in a manner determined by the chief administrator. This decal is to be removed once the holder of the provisional license obtains his full license.

A person who violates this decal requirement would be subject to a one year suspension of their driving privilege and assessed a penalty of $1,000.

The bill also increases the penalties for the provisional driver’s license violations set forth in section 11 of P.L.2001, c.421 (C.39:3-13.8). These violations include incorrect supervision, unauthorized hours of operation, violations of the law’s seat belt and cell phone usage requirements and passenger restrictions. The fine is increased from $100 to $300. In addition to that monetary penalty, this bill would impose a three month suspension of a violator’s driving privilege for a first offense and a six month suspension for any subsequent offense.

It is the sponsor’s belief that this decal requirement would help law enforcement officers identify holders of a provisional license so that they could properly enforce the special conditions imposed on the holders of these licenses.