[First Reprint]

 

SENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 318

 

STATE OF NEW JERSEY

208th LEGISLATURE

 

ADOPTED FEBRUARY 23, 1998

 

 

Sponsored by:

Senator ROBERT W. SINGER

District 30 (Burlington, Monmouth and Ocean)

Senator JOSEPH A. PALAIA

District 11 (Monmouth)

 

 

 

 

SYNOPSIS

      Creates graduated driver's license system for new drivers of passenger automobiles.

 

CURRENT VERSION OF TEXT

      As amended by the Senate on April 27, 1998.

 

 


An Act concerning graduated motor vehicle licensing, amending R.S.39:3-10, P.L.1977, c.23, R.S.39:3-13, P.L.1950, c.127, P.L.1977, c.25, and supplementing chapter 3 of Title 39 of the Revised Statutes and P.L.1990, c.8.

 

      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. No person shall drive a motor vehicle on a public highway in this State unless [licensed to do so] in possession of a validated permit, or a provisional or basic driver's license issued to him in accordance with this article.

      No person under [17] 18 years of age shall be [licensed] issued a basic license to drive motor vehicles, nor shall a person be [licensed] issued a validated permit 1, including a validated examination permit,1 until he has passed a satisfactory examination 1and other requirements1 as to his ability as an operator. The examination shall include a test of the applicant's vision, his ability to understand traffic control devices, his knowledge of safe driving practices and of the effects that ingestion of alcohol or drugs has on a person's ability to operate a motor vehicle, his knowledge of such portions of the mechanism of motor vehicles as is necessary to insure the safe operation of a vehicle of the kind or kinds indicated by the applicant and of the laws and ordinary usages of the road [and a]. A road test shall be required for a 1[basic] provisional1 license and serve as a demonstration of his ability to operate a vehicle of the class designated. 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 director 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. No new locations for the road test shall be approved unless the test can be given on public streets.

      The director shall issue a 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, either from the date of issuance of an examination permit pursuant to R.S.39:3-13 or a provisional 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 and has 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); 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 violation the director determines to be significant and applicable pursuant to regulation; and (3) passed an examination of his ability to operate a motor vehicle pursuant to this section.

      The director shall expand the driver's license examination by 20%. The additional questions to be added shall consist solely of questions developed in conjunction with the State Department of Health concerning the use of alcohol or drugs as related to highway safety. The director shall develop in conjunction with the State 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.       1Up to 20 questions may be added to the examination on subjects to be determined by the director that are of particular relevance to youthful drivers, after consultation with the Director of the Office of Highway Traffic Safety.1

      The director shall expand the driver's license examination to include a question asking whether the applicant is aware of the provisions of the "Uniform Anatomical Gift Act," P.L.1969, c.161 (C.26:6-57 et seq.) and the procedure for indicating on the driver's license the intention to make a donation of body organs or tissues pursuant to P.L.1978, c.181 (C.39:3-12.2).

      Any person applying for a driver's license to operate a motor vehicle or motorized bicycle in this State shall surrender to the director any current driver's license issued to him by another state 1or jurisdiction1 upon his receipt of a driver's license for this State. The director shall refuse to issue a driver's license if the applicant fails to comply with this provision.

      The director 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;

      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. Articulated vehicles means a combination of a commercial motor vehicle registered at a gross weight in excess of 18,000 pounds and one or more motor-drawn vehicles joined together by means of a coupling device;

      d. All motor vehicles not included in classifications a., b. and c. A license issued pursuant to this classification d. shall be referred to as the "basic driver's license."

      Every applicant for a license under classification b. or c. shall be a holder of a basic driver's license. Any issuance of a license under classification b. or c. shall be by endorsement on the basic driver's license.

      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 basic driver's license.

      The director, upon payment of the lawful fee and after he or a person authorized by him has examined the applicant and is satisfied of the applicant's ability as an operator, may, in his discretion, issue a license to the applicant to drive a motor vehicle. The license shall authorize him to drive any registered vehicle, of the kind or kinds indicated, and shall expire, except as otherwise provided, on the last day of the 48th calendar month following the calendar month in which such license was issued.

      The director may, at his discretion and for good cause shown, issue licenses which shall expire on a date fixed by him. The fee for licenses with expiration dates fixed by the director shall be fixed by the director in amounts proportionately less or greater than the fee herein established.

      The required fee for a license for the 48-month period shall be as follows:

      Motorcycle license or endorsement [$13.00]$13 

      Omnibus or school bus endorsement [$16.00]$16 

      Articulated vehicle endorsement [$8.00]$8 

      Basic driver's license[16.00]$16

      The director shall waive the payment of fees for issuance of omnibus endorsements whenever an applicant establishes to the director's satisfaction that said 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.

      The director shall issue licenses for the following license period on and after the first day of the calendar month immediately preceding the commencement of such period, such licenses to be effective immediately.

      All applications for renewals of licenses shall be made on forms prescribed by the director and in accordance with procedures established by him.

      The director in his discretion may refuse to grant a permit or license to drive motor vehicles to a person who is, in his estimation, not a proper person to be granted such a permit or license, but no defect of the applicant shall debar him from receiving a permit or license unless it can be shown by tests approved by the Director of the Division of Motor Vehicles that the defect incapacitates him from safely operating a motor vehicle.

      In addition to requiring an applicant for a driver's license to submit satisfactory proof of identity and age, the director also shall require the applicant to provide, as a condition for obtaining a permit and license, satisfactory proof that the applicant's presence in the United States is authorized under federal law.

      A person violating this section shall be subject to a fine not exceeding $500.00 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, he shall be subject to a fine of not less than $200.00 and, in addition, the court shall issue an order to the Director of the Division of Motor Vehicles requiring the director 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 Division of Motor Vehicles.

      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.

(cf: P.L.1993, c.34, s.1)

 

      2.   Section 1 of P.L.1977, c.23 (C.39:3-10b.) is amended to read as follows:

      1. All successful applicants for a [basic driver's license or] motorcycle license who previously have never been licensed to drive a motor vehicle in this, or any other state, shall be licensed on a probationary basis for the 2-year period following the issuance of their initial licenses. No such license shall physically differ by way of appearance from a nonprobationary license.

(cf: P.L.1977, c.23, s.1)

 

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

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

      The director, in his discretion, may issue for a specified period of not less than one year an examination permit to operate a passenger automobile to a person over 17 years of age 1[who has satisfactorily completed a classroom driver education course of a minimum of six hours approved by the director, but who has not] regardless of whether a person has1 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 division on a form prescribed by the director. The director shall postpone for six months the driving privileges of any person who submits a fraudulent signature for a parent or guardian.

      For 1[not less than]1 six months immediately following the issuance of an examination permit, the holder 1who is less than 21 years of age1 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 supervising driver 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 persons with whom the holder resides, except that this passenger restriction shall not apply when either the permit holder or one other passenger is at least 21 years of age. Further, the holder of the permit 1who is less than 21 years of age1 shall not drive during the hours between 12:01 a.m. and 5 a.m.; provided, however, 1[the director may waive] that1 this condition 1may be waived1 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 1[submits an application to the director prior to the employment or activity pursuant to regulation] provides written verification of such activity in a manner provided for by the director.1 The permit holder shall also ensure that all occupants of the vehicle are secured in a properly adjusted and fastened seat belt or child restraint system.

      1[In addition to any other penalties that may be imposed, the director shall suspend for not less than 90 days an examination permit if a permit holder accumulates] 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 accumulate1 more than two motor vehicle points or 1[violates] has been convicted of a violation of1 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 1[;]1 or any other motor vehicle-related law the director deems significant and applicable pursuant to regulation 1, in addition to any other penalty that may be imposed, the director shall, without the exercise of discretion, suspend the examination permit holder's examination permit for 90 days1. The director shall restore the permit 1following the term of the permit suspension1 if the permit holder satisfactorily completes a remedial training course of not less than four hours and remits a course fee prescribed by the director. The director also shall postpone the issuance of a basic license for 1[not less than]1 90 days if the 1[examination permit holder, after completion of the remedial training course, accumulates any motor vehicle points or violates] director 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 1 R.S.39:4-50; section 2 of P.L.1981, c.512 (C.39:4-50.4a); P.L.1992, c.182 (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 deems significant and applicable pursuant to regulation. 1[The director shall suspend the examination permit for a period of not less than six months or more than one year if the permit holder is convicted] When the director is notified by a court of competent jurisdiction that an examination permit holder has been convicted1 of any alcohol or drug-related offense unrelated to the operation of a motor vehicle 1and is not otherwise subject to any other penalty therefor, the director shall, without the exercise of discretion, suspend the examination permit for six months1. A fine of 1[not less than]1 $100 1[or more than $500]1 shall be imposed for any other violation of the conditions of the examination permit.

      An examination permit for a motorcycle or a commercial motor vehicle issued to a handicapped person, as determined by the Division of Motor Vehicles after consultation with the Department of Education, shall be valid for nine months or until the completion of the road test portion of his license examination, whichever period is shorter. 1[The] Each1 permit shall be sufficient license for the person to operate such 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 such 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. Such 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 such person while in the presence of the licensed driver. In addition to requiring an applicant for an examination permit to submit satisfactory proof of identity and age, the director also shall require the applicant to provide, as a condition for obtaining the permit, satisfactory proof that the applicant's presence in the United States is authorized under federal law.

      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 [examination]road test for [a] 1[any other] a basic1 driver's license shall be given unless the applicant has first secured [a special learner's permit or] an examination permit and no such road test shall be scheduled for an applicant who has secured an examination permit until at least 1[20 days] one year1 shall have elapsed following the validation of the examination permit for practice driving, except that 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.

      The required fees for special learners' permits and examination permits shall be as follows:

 

Basic driver's license .................                    [$5.00]1[$25] up to $101

Motorcycle license or endorsement ..........                            [5.00]$5 Omnibus or school bus endorsement .....           [25.00]$25

Articulated vehicle endorsement ..............                      [15.00]$15

 

      The director shall waive the payment of fees for issuance of examination permits for omnibus endorsements whenever the applicant establishes to the director's satisfaction that said 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.

      The specified period for which a permit is issued may be extended for not more than an additional 60 days, without payment of 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 director was unable to schedule an examination during said period.

(cf: P.L.1993, c.34, s.2)

 

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

      1. The Director of the Division of Motor Vehicles may issue to a person over 16 years of age a special learner's permit, under the hand and seal of the director, allowing such person, for the purpose of [fitting himself to become a motor vehicle driver, to operate] preparing himself to qualify for a provisional license for a passenger automobile by operating a dual pedal controlled motor vehicle while [enrolled in] 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 [while taking] 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.)[, which]. The special learner's permit shall be issued in lieu of the examination permit provided for in R.S.39:3-13. In addition to requiring an applicant for a permit to submit satisfactory proof of identity and age, the director also shall require the applicant to provide, as a condition for obtaining [the] a validated permit, satisfactory proof that the 1[applicant has satisfactorily completed a classroom driver education course of a minimum of six hours approved by the Division of Motor Vehicles and proof that the]1 applicant's presence in the United States is authorized under federal law.

      The special learner's permit described above, when issued to a person [enrolled in] 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 in undergoing behind-the-wheel automobile driving instruction.                 The director may make such rules and regulations as he may deem necessary to carry out the provisions of this section.

(cf: P.L.1993, c.34, s.3)

 

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

      6. 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 behind-the-wheel driving course conducted by a licensed drivers' school or of a public, parochial or private school driving education course, shall be entitled to retain the special learner's permit in his own possession. 1The special learner's permit shall be considered validated 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.1 Such person may operate a motor vehicle of the class for which a basic driver's license is required except during the hours between [12:01 a.m.] 11:01 p.m. and 5:00 a.m. while in the company and under the [control]supervision, from the front passenger seat, of a licensed motor vehicle driver of this State who is over 21 years of age and [who has had at least three years' experience as a licensed motor vehicle driver] has been licensed to drive a passenger automobile for at least three years. Such special permit shall be valid [for 90 days after] until such person's seventeenth birthday or until [the completion of the road test portion of his license examination]he qualifies for a provisional license 1[, whichever period is shorter]1 [; provided, however, that a special permit issued to a handicapped person, as determined by the Division of Motor Vehicles after consultation with the Department of Education, shall be valid for nine months after such person's seventeenth birthday or until the completion of the road test portion of his license examination, whichever period is shorter]. 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. All occupants of the automobile shall be secured in a properly adjusted and fastened seat belt or child restraint system.

      1[In addition to any other penalties that may be imposed, the director shall suspend for not less than 90 days a special learner's permit if a permit holder accumulates] 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 accumulate1 more than two motor vehicle points or 1[violates] has been convicted of a violation of1 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 determines to be significant and applicable pursuant to regulation 1,and in addition to any other penalty that may be imposed, the director shall, without the exercise of discretion, suspend the holder's special learner's permit for 90 days1. The director shall restore the permit 1following the term of the permit suspension1 if the permit holder satisfactorily completes a remedial training course of not less than four hours and remits a course fee prescribed by the director. 1[The director also shall postpone the issuance of a provisional license for not less than 90 days if the permit holder, after completion of the remedial training course, accumulates any motor vehicle points or violates] If, after completion of the remedial training course, the director 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 of1 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 deems significant and applicable pursuant to regulation 1[The director shall suspend the special learner's permit for a period of not less than six months or more than one year if the permit holder is], the director, without the exercise of discretion, shall also postpone the issuance of a basic license for 90 days. When the director is notified by a court of competent jurisdiction that a special learner's permit holder has been1 convicted of any alcohol or drug-related offense unrelated to the operation of a motor vehicle 1and he is not otherwise subject to any other penalty therefor, the director shall, without the exercise of discretion, suspend the special learner's permit for six months1. A fine of 1[not less than]1 $100 1[or more than $500]1 shall be imposed for any other violations of the conditions of the special learner's permit.

(cf: P.L.1993, c.287)

 

      6. Section 3 of P.L.1950, c.127 (C.39:3-13.3) is amended to read as follows:

      3. No special permit shall be issued unless the person applying therefor shall present a written application for the same, bearing a certification by the principal of the school indicating that the person is enrolled in an approved behind-the-wheel driving education course in the school of which he is principal or by the person operating a duly licensed drivers' school indicating that the person has contracted to take a course of behind-the-wheel automobile driving instruction offered by the school and shall pay 1[the]a1 sum of [$5.00] 1[$25] up to $10 as determined by the director1 to an agent of the Division of Motor Vehicles, which sum shall be turned over by the agent to the director, and by him remitted with the other funds collected in his division to the State Treasurer, in accordance with law. A special learner's permit to operate a passenger automobile shall not be issued to any person younger than 18 years of age without the signature of a parent or guardian. The signature shall be submitted to the division on a form prescribed by the director. The director shall postpone for six months the driving privileges of any person who submits a fraudulent signature for a parent or guardian.

(cf: P.L.1977, c.25, s.7)

 

      7. 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 [examination for] a provisional driver's license (1) upon attaining the age of 17 years [and], (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 1[and],1 (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.) 1and (4) upon passing the road test pursuant to R.S.39:3-101.

      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 1who is under 21 years of age1 shall not drive during the hours between 12:01 a.m. and 5 a.m.; provided however, 1[the director may waive] that1 this condition 1may be waived1 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 1[submits an application to the director prior to such employment or activity pursuant to regulation] provides written verification of such activity in a manner provided for by the director1. 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 1[commits] is convicted of1 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 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 and remit a course fee prescribed by the director. 1[For] When notified by a court of competent jurisdiction that a provisional license holder has been convicted of1 a second or subsequent violation, in addition to any other penalties provided under law, the director shall 1, without the exercise of discretion,1 suspend the provisional license for 1[not less than]1 three months 1[or more than six months]1 and shall postpone eligibility for a basic license for an equivalent period. In addition, 1[the director shall suspend a provisional license for not less than six months or more than one year if the holder is] when the director is notified by a court of competent jurisdiction that a provisional license holder has been1 convicted of any alcohol or drug-related offense unrelated to the operation of a motor vehicle 1,and he is not otherwise subject to any other penalty therefor, the director shall, without the exercise of discretion, suspend the provisional license for six months1. A provisional license holder who violates other conditions of the license shall be fined 1[not less than]1 $100 1[or more than $500]1 .

      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.1977, c.25, s.8)

      8. (New section) a. The Director of the Office of Highway Traffic Safety in the Department of Law and Public Safety, after consultation with the Director of the Division of Motor Vehicles in the Department of Transportation and the Advisory Committee on Driver Education established in section 10 of P.L. , c. (C. ) (now pending before the Legislature as this bill), shall develop curriculum guidelines for use by teachers of approved classroom driver education courses. The course of instruction for approved courses shall be designed to develop and instill the knowledge and attitudes necessary for the safe operation and driving of motor vehicles. Defensive driving, highway courtesy, accident avoidance and understanding and respect for the State's motor vehicle laws shall be emphasized. The incorporation of these curriculum guidelines in these classroom courses and the use of related instructional materials shall be a requirement for approval of the course by the Director of 1the Division of1 Motor Vehicles.

      b. The Director of 1the Office of1 Highway Traffic Safety, in consultation with the Director of 1the Division of1 Motor Vehicles, shall produce an informational brochure for parents and guardians of beginning drivers under the age of 18 years. The division shall ensure that the parents or guardians of a permit holder receive these brochures at the time a permit is issued to a beginning driver. The brochures shall include, but not be limited to, the following information:

(1) Setting an example for the beginning driver;

(2) Accident and fatality statistics about beginning drivers;

(3) Causes of accidents among beginning drivers;

(4) The need to supervise vehicle operation by 1a1 beginning driver; 1[and]1

(5) Methods to coach a beginning driver on how to reduce accidents 1[.]and

(6) A description of the graduated driver's license program.1

 

      9. (New section) a. There is created in the Department of Law and Public Safety a special non-lapsing fund to be known as the "1Graduated1 Driver 1[Education] License1 Fund." There shall be deposited in the fund 1[$20] up to $51 from each special learner's examination and permit fee for a passenger automobile that is established pursuant to R.S.39:3-13 and any other monies that may be made available for 1[classroom driver education] graduated license program start-up costs1. The Office of Highway Traffic Safety shall administer expenditures from this fund 1[, which shall be used to reimburse providers of approved classroom driver education programs pursuant to subsection b. of this section and for the cost of administering the fund]1.

      b. 1 [Providers of classroom driver education programs approved by the Director of the Division of Motor Vehicles or the Commissioner of Education, as the case may be, shall be eligible for reimbursement from the fund, pursuant to criteria established under regulations promulgated by the Director of the Office of Highway Traffic Safety.

The provider shall apply for the reimbursement of a specified amount from the Driver Education Fund for each participant who satisfactorily completes the classroom course and is issued a validated permit. Eligibility for reimbursement to participants shall be dependent upon a properly completed reimbursement coupon prepared by the provider for each participant, which shall include the driver's permit number on its face. Reimbursements shall not be made to any participant repeating the same level of instruction. These providers may include boards of education, public, private and, pursuant to law or judicial decision, parochial and other religious schools that are approved for such instruction for the purposes of this act by the Director of Motor Vehicles. Providers may also include private commercial drivers' schools licensed pursuant to P.L.1951, c.216 (C.39:12-1 et seq.) that have entered into contracts with boards and schools for this instruction or provide instruction independent of these boards and schools. Local school districts which offer driver education courses may offer the courses to non-public secondary school students residing within the district and receive reimbursement, provided the requirements of section 5 of P.L.1977, c.192 (C.18A:46A-5) are met. Reimbursements shall be made only to providers who employ, use or contract for instructors who have successfully completed the requirements for the certified teaching of driver education established by the Department of Education or the Division of Motor Vehicles, as the case may be.

      c.]1 Amounts necessary to reimburse the Division of Motor Vehicles in the Department of Transportation and the Office of Highway Traffic Safety in the Department of Law and Public Safety for all costs reasonably and actually incurred in the 1initial1 implementation of this act shall be appropriated from the fund. The Division of Motor Vehicles 1and the Office of Highway Traffic Safety1 shall 1[annually]1 certify to the Treasurer 1[its] their start-up1 costs to carry out 1[its] their1 responsibilities under this act 1, and the program's costs annually thereafter1. This amount shall be reimbursed to the Division of Motor Vehicles 1and the Office of Highway Traffic Safety1 from the 1Graduated1 Driver 1[Education] License1 Fund 1[ prior to reimbursing providers of approved classroom driver education programs]1. In the event the fund's balance is insufficient to fully reimburse 1[the division's] these1 costs, the Treasurer shall provide to the 1Graduated1 Driver 1[Education] License1 Fund a loan from the General Fund in the amount needed to fully defray these costs. This loan shall be repaid to the General Fund when the balance in the 1Graduated1 Driver 1[Education] License1


Fund exceeds the amount necessary to reimburse 1[the division's] these1costs.

      1[d. The Director of Highway Traffic Safety, by regulation and in consultation with the Director of Motor Vehicles and the Advisory Committee on Driver Education, may establish criteria for the reimbursement of providers pursuant to this section. These criteria shall include, but not be limited to, the number of students who successfully complete State validated permit requirements. A person who knowingly makes a false or fraudulent statement in an application required for reimbursement under this act or who shall knowingly collect or cause to be repaid to any person or claimant any such reimbursement without being entitled to the same, is guilty of a disorderly person's offense.]1

 

      10. (New section) There is established a State Advisory Committee on Driver Education. The Governor shall appoint to the committee representatives from the Department of Education, the Department of Transportation, the American Automobile Association Clubs of New Jersey, the Driving School Association of New Jersey, the New Jersey Association of Chiefs of Police, the New Jersey State Safety Council and the New Jersey Traffic Safety Officers Association. The committee shall make recommendations to the Directors of the Division of Motor Vehicles and the Office of Highway Traffic Safety with respect to rules and regulations promulgated under this act including, but not limited to, the development of curriculum guidelines 1[and reimbursement procedures for providers]1. Any vacancies occurring in the membership shall be filled in the same manner as the original appointments.

 

      11. (New section) The Division of Motor Vehicles shall monitor the performance of new drivers of passenger automobiles and, in conjunction with the Office of Highway Traffic Safety, report to the Governor and the Legislature evaluating the operation and effectiveness of this act. The Office of Highway Traffic Safety shall detail the disbursement of monies from the 1Graduated1 Driver 1[Education] License1 Fund in the report. The division and the office shall make any recommendations necessary to better effectuate the provisions of this act.

 

      12. (New section) The Director of the Division of Motor Vehicles and the Director of the Office of Highway Traffic Safety shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations each determines to be necessary to effectuate their respective responsibilities under this act.

 

      13. This act shall take effect on January 1, 2001 and shall apply to any applicant for a special learner's permit who is under 16 years of age, or, in the case of an applicant for an examination permit, at least 17 years of age on the effective date of this act. Prior to the effective date, the Director of the Division of Motor Vehicles in the Department of Transportation and the Director of the Office of Highway Traffic Safety in the Department of Law and Public Safety may take such anticipatory administrative action in advance as shall be necessary for the implementation of this act.