N.J. Admin. Code § 13:21-23.23

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:21-23.23 - Guidelines and conditions under which certain suspensions or revocations of CMV driving privileges for life may be reduced to a period of not less than 10 years

(a) A person whose CMV driving privilege has been revoked for life under section 12(c) or 12(h) of the New Jersey Commercial Driver License Act, or under a similar provision of the law of any other state or jurisdiction, may apply to the Chief Administrator to have his or her CMV driving privilege restored.

(b) The Chief Administrator may, in his or her discretion, restore the CMV driving privileges of such applicant provided the applicant satisfies all of the following requirements:

1. The applicant has served a minimum suspension period of 10 years under the suspension imposed pursuant to section 12(c) or 12(h) of the New Jersey Commercial Driver License Act, or under a similar provision of the law of any other state or jurisdiction;

2. The applicant has enrolled in, paid for, attended and successfully completed a rehabilitation program (that is, driver improvement program and/or alcohol education or rehabilitation program) approved by the Chief Administrator and has provided sufficient proof of program completion;

3. The applicant is domiciled in this State and has produced sufficient proof of domicile;

4. The applicant has paid the restoration fee provided in 39:3-10a, if required;

5. The applicant has paid the Alcohol Education, Rehabilitation and Enforcement Fund fee provided in 39:4-50(b), if required;

6. The applicant has satisfied all of the requirements for obtaining a CDL and applicable endorsements in this State. No waiver of the skills test shall be permitted for applicants under this section;

7. The applicant has not previously had his or her CMV driving privileges restored pursuant to this section or the law of another state or jurisdiction similar to this section;

8. The applicant's driving privileges are not suspended or revoked in this State or any other state or jurisdiction and he or she has satisfied all outstanding suspensions in this State or any other state or jurisdiction;

9. If the lifetime revocation was imposed by a licensing authority or court of any other state or jurisdiction, the applicant shall provide proof from that state or jurisdiction authorizing a restoration;

10. The applicant's driving record in this and any other state or jurisdiction, including his or her driving record during the period when his or her CMV driving privilege was suspended, clearly demonstrates that it is consistent with public safety that the applicant be again permitted to operate CMVs. The Chief Administrator may consider all relevant evidence including the frequency, nature and number of violations, accidents, suspensions and revocations, any special circumstances connected with any violation or suspension, including whether the applicant has been involved in any accident resulting in death or bodily injury to any person. The burden shall be on the applicant to demonstrate requisite qualification. The applicant's failure to produce requisite evidence of qualification shall be sufficient grounds to deny the application; and

11. The applicant has submitted an application for such restoration as provided by the Chief Administrator.

N.J. Admin. Code § 13:21-23.23

Amended by R.1996 d.27, effective 1/16/1996.
See: 27 New Jersey Register 4153(a), 28 New Jersey Register 275(a).
In (b)9 inserted ", the applicant shall provide proof from that state of jurisdiction".
Amended by R.2001 d.19, effective 1/16/2001.
See: 32 New Jersey Register 3739(a), 33 New Jersey Register 277(a).
Recodified from N.J.A.C. 13:21-23.22 and amended by R.2005 d.48, effective 2/7/2005.
See: 36 New Jersey Register 4015(a), 37 New Jersey Register 511(a).
Substituted "Chief administrator" for Director" throughout. Former N.J.A.C. 13:21-23.23, Ineligibility for reduction of lifetime revocation, recodified to N.J.A.C. 13:21-23.24.
Amended by R.2006 d.250, effective 7/3/2006.
See: 38 N.J.R. 445(a), 38 N.J.R. 2875(a).
In (a), capitalized "License" preceding "Act".