A5433

An Act creating mobile driver’s licenses and identification cards, supplementing Title 39 of the Revised Statutes, and amending R.S.39:3-29.

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

1. (New section) a. As used in this section:

“Mobile driver’s license” means an electronic basic driver’s license, electronic motorcycle license, or electronic probationary driver’s license issued by the New Jersey Motor Vehicle Commission that is accessible on a mobile electronic communication device and includes all information found on a printed, hard-copy basic driver’s license, motorcycle license, or probationary driver’s license issued by the commission;

“Mobile electronic communication device” means any mobile device capable of communication or other transmission of information and includes, but is not limited to, a cellular telephone, wireless tablet, any device with Internet capability, or other wireless communication device; and

“Mobile identification card” means an electronic identification card issued by the New Jersey Motor Vehicle Commission that is accessible on a mobile electronic communication device and includes all information found on a printed, hard-copy identification card issued by the commission.

b. The Chief Administrator of the New Jersey Motor Vehicle Commission shall create and issue a mobile driver’s license and mobile identification card to an individual who voluntarily requests a mobile driver’s license or mobile identification card and who meets all requirements for the issuance of a driver’s license or identification card. The commission may charge and collect a reasonable fee for the issuance of a mobile driver’s license and mobile identification card. The commission shall retain such fee in accordance with subsection b. of section 105 of P.L.2003, c.13 (C.39:2A-36).

c. The commission shall provide that the mobile driver’s license and mobile identification card include features to ensure the security and integrity of the license and identification card. A process, prescribed by the chief administrator, shall provide for the issuance of mobile driver’s licenses and mobile identification cards to prevent and detect the alteration, duplication, counterfeiting, photographing, forging, or other modification of the mobile driver’s license and mobile identification card.

d. The commission shall allow a person with a mobile driver’s license or a mobile identification card, or a person applying for such driver’s license or identification card, to update the person’s motor vehicle record, including, but not limited to, a change of address and organ donor status. Such changes shall immediately become part of the person’s official motor vehicle record and shall take precedence over information provided on a printed, hard-copy driver’s license and identification card.

2. R.S.39:3-29 is amended to read as follows:

39:3-29. The driver's license, the registration certificate of a motor vehicle and an insurance identification card shall be in the possession of the driver or operator at all times when he is in charge of a motor vehicle on the highways of this State.

The driver or operator shall exhibit his driver's license and an insurance identification card, and the holder of a registration certificate or the operator or driver of a motor vehicle for which a registration certificate has been issued, whether or not the holder, driver or operator is a resident of this State, shall also exhibit the registration certificate, when requested so to do by a police officer or judge, while in the performance of the duties of his office, and shall write his name in the presence of the officer, so that the officer may thereby determine the identity of the licensee and at the same time determine the correctness of the registration certificate, as it relates to the registration number and number plates of the motor vehicle for which it was issued; and the correctness of the evidence of a policy of insurance, as it relates to the coverage of the motor vehicle for which it was issued.

The driver’s license and insurance identification card may be displayed or provided in either paper or electronic form. For the purposes of this section, "electronic form" means the display of images on an electronic device, such as a cellular telephone, tablet, or computer.

The use of a cellular telephone, tablet, computer, or any other electronic device to display the driver’s license and proof of insurance does not constitute consent for a police officer or judge to access any other contents on the device. Any police officer or judge presented with an electronic device pursuant to this section shall be immune from any liability resulting from damage to the device.

Any person violating this section shall be subject to a fine of $150, except that if the person is a driver or operator of an omnibus, as defined pursuant to R.S.39:1-1, the amount of the fine shall be $250. Of the amount of any such fine collected pursuant to this paragraph, $25 shall be deposited in the Uninsured Motorist Prevention Fund established by section 2 of P.L.1983, c.141 (C.39:6B-3).

If a person charged with a violation of this section can exhibit his driver's license, insurance identification card, and registration certificate, which were valid on the day he was charged, to the judge of the municipal court before whom he is summoned to answer to the charge, such judge may dismiss the charge. However, the judge may impose court costs.

In addition to and independent of any fine or other penalty provided for under law, the court shall impose a fine of $150 on any driver or operator of an omnibus, convicted of a violation of this section, who does not have a certificate of public convenience and necessity as required pursuant to R.S.48:4-3. The State Treasurer shall annually deposit the monies collected from the fines imposed pursuant to this paragraph to the "Omnibus Safety Enforcement Fund" established pursuant to section 4 of P.L.2007, c.40 (C.39:3-79.23). The fine described herein shall not be deemed a fine, penalty, or forfeiture pursuant to R.S.39:5-41.

(cf: P.L.2015, c.54. s.1)

3. The Chief Administrator of the New Jersey Motor Vehicle Commission shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. This act shall take effect 72 months after enactment, but the Chief Administrator of the New Jersey Motor Vehicle Commission may take any administrative action in advance of that date as may be necessary for the timely implantation of this act.

STATEMENT

This bill requires the Chief Administrator of the New Jersey Motor Vehicle Commission (commission) to create and issue a mobile driver’s license and mobile identification card to an individual who voluntarily requests one. Under the bill, the definition of a mobile driver’s license includes a basic driver’s license, motorcycle license, and probationary driver’s license that is accessible on a mobile electronic communication device and includes all information found on a printed, hard-copy version. The commission may charge and collect a reasonable fee for the issuance of a mobile driver’s license and mobile identification card.

When issuing a mobile driver’s license and mobile identification card, the commission is required to prevent and detect the alteration, duplication, counterfeiting, photographing, forging, or other modification of the mobile driver’s license and mobile identification card and is to include features in the license and card to ensure the security and integrity of these documents.

Under the bill, the commission is to allow a person with a mobile driver’s license or a mobile identification card, or a person applying for one, to update the person’s motor vehicle record. The changes are to immediately become part of the person’s official motor vehicle record and are to take precedence over information provided on a printed, hard-copy driver’s license and identification card.

The bill provides that a person may possess a mobile driver’s license when driving a motor vehicle in this State and may exhibit a mobile driver’s license when requested to do so by a police officer or judge.

This bill includes recommendations from the Mobile Driver’s License Feasibility Study that the New Jersey Motor Vehicle Commission prepared and submitted pursuant to P.L.2015, c.239.