SENATE, No. 1707

 

STATE OF NEW JERSEY

 

INTRODUCED NOVEMBER 25, 1996

 

 

By Senator BASSANO

 

 

An Act concerning driver's licenses, amending R.S.39:3-10, R.S.39:3-13, and P.L.1950, c.127 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. 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 accordance with this article. No person under 17 years of age shall be licensed to drive motor vehicles, nor shall a person be licensed until he has passed a satisfactory examination 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 demonstration of his ability to operate a vehicle of the class designated.

    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.

    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).

    In order to insure that an applicant for a driver's license is capable of understanding the meaning of the various traffic control devices used in this State and of comprehending any instructions or directions a law enforcement officer or any other official authorized to regulate or direct traffic may give, each applicant shall demonstrate, in a manner prescribed by the director, an ability to read, understand and speak the English language. The director shall provide that the driver's license examination shall be given only in the English language.

    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 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, license 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

    Omnibus or school bus endorsement $16.00

    Articulated vehicle endorsement $8.00

    Basic driver's license 16.00

    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 license to drive motor vehicles to a person who is, in his estimation, not a proper person to be granted such a license, but no defect of the applicant shall debar him from receiving a 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 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. 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 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. In order to insure that an applicant for an examination permit is capable of understanding the meaning of the various traffic control devices used in this State and of comprehending any instructions or directions a law enforcement officer or any other official authorized to regulate or direct traffic may give, the applicant shall demonstrate an ability to read, understand and speak the English language. An applicant's ability to read understand and speak the English language shall be demonstrated in a manner prescribed by the director. An examination 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 or until the completion of the road test portion of his license examination, whichever period is shorter. The 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 examination for a driver's license shall be given unless the applicant has first secured a special learner's permit or examination permit and no road test shall be scheduled for an applicant who has secured an examination permit until at least 20 days 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

    Motorcycle license or endorsement ............. 5.00

    Omnibus or school bus endorsement ............ 25.00

    Articulated vehicle endorsement .............. 15.00

    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)

 

    3. 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:

    a. 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 the sum of $5.00 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; and

    b. the person shall demonstrate, in a manner prescribed by the director, an ability to read, understand and speak the English language in order to insure that the applicant for the special permit is capable of understanding the meaning of the various traffic control devices used in this State and of comprehending any instructions or directions a law enforcement officer or any other official authorized to regulate or direct traffic may give.

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

 

    4. (New section) In order to insure that every applicant for a driver's license is capable of understanding the meaning of the various traffic control devices used in this State and of comprehending any instructions or directions a law enforcement officer or other official authorized to regulate or direct traffic may give, the director shall provide that the driver's manual issued by the division to assist applicants in preparing for the driver's license examination shall only be printed in the English language.

 

    5. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill requires that applicants for driver's licenses, learner's permits and special learner's permits be able to demonstrate an ability to read, understand and speak the English language. In line with that objective, the bill specifies that driver's examinations only be given in the English language. It also provides that the driver's manual issued by the Division of Motor Vehicles to assist applicants in preparing for their driver's examination be printed in English.

    The purpose of this bill is to insure, for public safety purposes, that every applicant for a driver's license is capable of understanding the meaning of the various traffic control devices used in this State and of comprehending any instructions or directions a law enforcement officer or any other official authorized to regulate or direct traffic may give.

    Currently, the written examination for a New Jersey driver's license is available in fourteen different languages, not counting English. Applicants who are unable to read one of those languages may arrange for an interpreter to assist in an oral examination.

 

 

 

Requires applicants for driver's licenses be able to read and understand English; directs DMV to offer examinations only in English.