N.J. Admin. Code § 13:21-23.28

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

Section 13:21-23.28 - Interrelationship between basic driver's license and CDL relative to suspension of driving privileges; rules of general application; specialized cases under the New Jersey Commercial Driver License Act; requirement for current medical examiner's certification

(a) No person may operate a CMV while his or her CDL or CMV driving privilege is suspended or revoked in this State. No person may operate a CMV while his or her basic driver license is suspended or revoked in this State. No person properly licensed in another state may operate a CMV in this State while his or her CDL or CMV driving privilege is suspended or revoked in that state. No person may operate a CMV if the person is disqualified from holding a CDL pursuant to 49 CFR 383.51. No person may operate a CMV if the person has failed to meet the requirements of this subchapter or N.J.A.C. 13:60. No person may operate a CMV if the person has failed to meet the physical qualifications at 49 CFR 391.41, Physical Qualifications for Drivers. A waiver from the physical qualifications at 49 CFR 391.41, granted by the Federal Motor Carrier Safety Administration for interstate commerce pursuant to 49 U.S.C. § 31315, is limited to interstate commerce only. The Commission shall not issue waivers to persons who do not meet the physical requirements at 49 CFR 391.41.

(b) For those persons licensed by this State, a valid basic driver license is a prerequisite for the operation of a CMV. For persons properly licensed in another state, the law of that state should be consulted.

(c) Whenever a person's basic driver license is suspended, revoked, or prohibited pursuant to any statute or regulation of this State, the person's CDL, if any, shall be suspended, revoked or prohibited, as the case may be, until the basic driver license and the CDL have been restored by the Chief Administrator.

(d) Whenever a person is convicted for a violation of 39:4-50 committed in a CMV, the person's basic driver's license shall be suspended or revoked for the appropriate time periods specified in 39:4-50(a)(1), (a)(2) or (a)(3). For purposes of assessing the appropriate suspension period under N.J.S.A. 39:4-50, all violations of 39:4-50 shall be counted without regard to whether they occurred in a commercial or noncommercial motor vehicle.

(e) The suspension or revocation of a person's CMV driving privilege for a violation of 39:3-10.1 3 shall not serve to suspend the person's basic driver's license unless the violation that gave rise to the CMV driving privilege suspension, revocation, or denial would have resulted in a suspension, revocation, or denial of the person's basic driver's license if committed in a noncommercial motor vehicle. An example of such a violation would be where the court has convicted the person of a violation of both 39:3-10.1 3 and 39:4-50, or where the court has convicted the person of a violation of 39:3-10.1 3 and has exercised its power under 39:5-31.

(f) Whenever a person is convicted for a violation of 39:4-129 committed in a CMV and an injury or death to any person has occurred, the person's basic driver's license shall be suspended or revoked for the appropriate time periods specified in 39:4-129(a). For purposes of assessing the appropriate suspension period under 39:4-129(a), all violations of 39:4-129 shall be counted without regard to whether they occurred in a commercial or noncommercial motor vehicle.

(g) The suspension or revocation of a person's CMV driving privilege for a violation of using a CMV in the commission of a crime or using a CMV in the commission of a crime involving the manufacture, distribution, or dispensing of a controlled substance or a controlled substance analog, or possession with intent to manufacture, distribute or dispense a controlled substance or controlled substance analog shall not serve to suspend the person's basic driver's license unless otherwise ordered by the court.

(h) Whenever a person is convicted for a violation of 39:4-50.2 or section 16 of the Act or other similar law committed in a CMV the person's basic driver's license shall be suspended in accordance with 39:4-50.4a or 39:3-10.2 4(f) or other similar law.

(i) The suspension or revocation of a person's CMV driving privilege for a violation of 39:3-10.1 8(b) shall not serve to suspend the person's basic driver's license unless otherwise ordered by the court.

(j) With regard to serious traffic violations, the suspension or revocation of a person's CMV driving privilege by a court shall not serve to suspend the person's basic driver's license unless otherwise ordered by the court. If the particular serious traffic violation also is cause for suspension of the basic driver license by the Chief Administrator pursuant to 39:5-30(b), 39:5-30(c), 39:5-30(e), 39:5-30.8, 39:5-30.1 0 or N.J.A.C. 13:19-10, the person may accept the period proposed by the Chief Administrator and ask that the suspension of the basic driver's license imposed by the Chief Administrator run to the greatest extent possible concurrently with the court-imposed suspension of CMV driving privilege. However, the pendency of any administrative action shall not serve to stay any court-imposed suspension.

(k) The provisions of this rule are not intended to be exhaustive or otherwise to restrict the court's or the Chief Administrator's powers.

(l) All CDL holders shall submit to the Commission a current medical examiner's certificate prepared by a medical examiner, on forms acceptable to the Chief Administrator, documenting that the CDL holder meets the physical qualifications required to operate a CMV for the group and endorsement in which the CDL is issued. A current medical examiner's certificate is required to be submitted to the Commission every 24 months unless a medical examiner specifies a shorter period of time.

1. The Commission shall post information from the medical examiner's certification, as required by 49 CFR 383.73 onto the driver's CDLIS driving record.

2. The Commission shall post a "certified" status on the driver's CDLIS driving record.

3. The Commission shall post a "not-certified" status on the driver's CDLIS driving record within 10 days of the expiration of the driver's medical examiner's certification.

4. The Commission shall provide notification to the driver of the driver's "not-certified" status.

5. The Commission shall downgrade the driver's CDL to a basic driver license within 40 days of the driver's "not-certified" status, unless the driver submits a current medical examiner's certification. The driver's CDL privileges will remain downgraded until the driver submits a current medical examiner's certification prepared by a medical examiner documenting that the driver meets the physical qualifications to operate a CMV for the group and endorsement in which the CDL is issued.

(m) Whenever a person is convicted of a crime involving an act or practice described at section 1 of P.L. 2005, c. 77(N.J.S.A. 2C:13-8) or involving an act or practice of one or more of the severe forms of trafficking in persons as described at paragraph (11) of 22 U.S.C. § 7102, the Federal Trafficking Victims Protection Act of 2000, the person's CMV driving privilege shall be revoked for life and the person shall be permanently disqualified from operating a CMV.

N.J. Admin. Code § 13:21-23.28

Amended by R.1996 d.27, effective 1/16/1996.
See: 27 N.J.R. 4153(a), 28 N.J.R. 275(a).
Recodified from N.J.A.C. 13:21-23.27 and amended by R.2005 d.48, effective 2/7/2005.
See: 36 N.J.R. 4015(a), 37 N.J.R. 511(a).
Substituted reference to "Chief Administrator" throughout. Former N.J.A.C. 13:21-23.28, Display of GVWR not required on firefighting apparatus, ambulances, first aid and rescue vehicles, recodified to N.J.A.C. 13:21-23.29.
Amended by R.2014 d.007, effective 1/6/2014.
See: 45 N.J.R. 870(a), 46 N.J.R. 122(a).
Section was "Interrelationship between basic driver's license and CDL relative to suspension of driving privileges; rules of general application; specialized cases under the New Jersey Commercial Driver License Act". Added ( l).

Amended by 52 N.J.R. 2123(a), effective 12/7/2020

Amended by 55 N.J.R. 202(b), effective 2/6/2023