N.J. Admin. Code § 13:21-23.3

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

Section 13:21-23.3 - Driver testing and licensing; initial licenses; license transfers; renewals; upgrades; issuance; penalties for false information; penalties for conviction of fraud; penalties for receipt of credible information of fraud; reciprocity

(a) Prior to issuing a CDL to a person, the Commission shall:

1. Require the driver applicant to certify, pass tests, and provide information as described in 13:21-23.2(a) and (b);

2. Check that the vehicle in which the applicant takes his or her test is representative of the vehicle group the applicant has certified that he or she operates or expects to operate;

3. Initiate and complete a check of the applicant's driving record as specified in Section 6 of the New Jersey Commercial Driver License Act to ensure that the person is not subject to any disqualification, suspensions, revocations or cancellations as contained in the New Jersey Commercial Driver License Act or 49 CFR § 383.51 and that the person does not have a driver's license from more than one state. The record check shall include, but not be limited to, the following:

i. A check of the applicant's driving record as maintained by his or her current state of licensure, if any;

ii. A check with CDLIS to determine whether the driver applicant already has a CDL, whether the applicant's license has been suspended, revoked, or canceled, or if the applicant has been disqualified from operating a CMV; and

iii. A check with the National Driver Register (NDR) to determine whether the driver applicant has:

(1) Been disqualified from operating a motor vehicle (other than a CMV);

(2) Had a license (other than a CDL) suspended, revoked, or canceled for cause in the three-year period ending on the date of application; or

(3) Been convicted of any offenses contained in section 205(a)(3) of the National Driver Register Act of 1982 (23 U.S.C. § 401 note);

4. Request the applicant's complete driving record from all states where the applicant was previously licensed over the last 10 years to drive any type of motor vehicle;

5. If the applicant is applying for a hazardous materials endorsement, ensure that the applicant has:

i. Prior to January 31, 2005, not received a Final Notification of Threat Assessment from the TSA; and

ii. On or after January 31, 2005, received a Notification of No Security Threat from the TSA;

6. Require the driver applicant, if he or she has moved from another state, to surrender his or her driver's license issued by another state; and

7. Verify the applicant's completion of required training using data made available by the Training Provider Registry, as mandated at 49 CFR 380, including Subparts F and G thereof, 49 CFR 383 and 384.

(b) Prior to issuing a CDL to a person who has a CDL from another state, the Commission shall:

1. Require the driver applicant to make the certifications contained in 13:21-23.2(b);

2. Complete a check of the driver applicant's record as contained in (a)3 above;

3. Request and receive updates of information specified in 13:21-23.19;

4. If such applicant wishes to retain a hazardous materials endorsement, ensure that the driver has, within the two years preceding the transfer, either passed the test for such endorsement specified in 13:21-23.14 or successfully completed a hazardous material test or training that is given by a third party and is deemed by the Chief Administrator to substantially cover the same knowledge base as that described in N.J.A.C. 13:21-23.14; and

i. Prior to January 31, 2005, not received a Final Notification of Threat Assessment from the TSA; and

ii. On or after January 31, 2005, received a Notification of No Security Threat from the TSA; and

5. Obtain the CDL issued by the applicant's previous State of domicile.

(c) Prior to renewing any CDL the Commission shall:

1. Require the driver applicant to make the certification contained in 13:21-23.2(b);

2. Complete a check of the driver applicant's record as contained in (a)3 above;

3. Request and receive updates of information specified in N.J.A.C. 13:21-23.19; and

4. If such applicant wishes to retain a hazardous materials endorsement, regardless of whether the applicant contemplated or has applied for transfer to another state:

i. Require the driver to pass the test for such endorsement specified in N.J.A.C. 13:21-23.14;

ii. Prior to January 31, 2005, ensure that the driver applicant has not received a Final Notification of Threat Assessment from the TSA; and

iii. On or after January 31, 2005, ensure that the driver applicant has received a Notification of No Security Threat from the TSA.

(d) Prior to issuing an upgrade of a CDL, the Commission shall:

1. Require such driver applicant to obtain an examination permit, provide certifications and pass tests as described at N.J.A.C. 13:21-23.2;

2. Complete a check of the driver applicant's record as described at (a)3 above;

3. If the driver applicant is applying for a hazardous materials endorsement:

i. Prior to January 31, 2005, ensure that the driver applicant has not received a Final Notification of Threat Assessment from the TSA; and

ii. On or after January 31, 2005, ensure that the driver applicant has received a Notification of No Security Threat from the TSA; and

4. Verify the applicant's completion of required training using data made available by the Training Provider Registry, as mandated at 49 CFR 380, including Subparts F and G thereof, 49 CFR 383 and 384.

(e) After the Commission has completed the procedures described in (a), (b), (c), or (d) above, it may issue a CDL to the driver applicant. The Commission shall notify the operator of the CDLIS of such issuance, transfer, renewal, or upgrade within the 10-day period beginning on the date of license issuance.

(f) If the Commission determines, in its check of an applicant's license status and record prior to issuing a CDL, or at any time after the CDL is issued, that the applicant has falsified information contained in 13:21-23.19 or any of the certifications required in 13:21-23.2(b), the Commission shall, after notice and an opportunity for a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1 at a minimum suspend, cancel, or revoke the person's CDL, or his or her pending application, or disqualify the person from operating a CMV for a period of at least 60 consecutive days.

(g) A driver who is convicted of fraud regarding the application, issuance of, or testing for a CDL examination permit or CDL will have his or her CDL examination permit or CDL disqualified. A driver who is convicted of fraud is prohibited from reapplying for a CDL examination permit or CDL for one year and must reapply following the procedures applicable to all CDL examination permits and CDL applicants as set forth in this subchapter.

(h) Upon receipt by the Commission of credible information that a CDL examination permit or CDL holder is suspected, but has not been convicted, of fraud related to the issuance of or testing for his or her CDL examination permit or CDL, the following shall apply:

1. The driver will be required to retake the skills and knowledge tests;

2. The affected driver shall make an appointment or otherwise schedule to take the next available test within 30 days of receiving notification that re-testing is necessary;

3. If the affected driver does not make an appointment, his or her CDL examination permit or CDL will be disqualified;

4. If the affected driver fails either the knowledge or skills test or does not take both the knowledge and skills tests, his or her CDL examination permit or CDL will be disqualified; and

5. To reapply for a CDL examination permit or CDL after the driver's privileges are disqualified, the driver must reapply following the procedures applicable to all CDL examination permit and CDL applicants as set forth in this subchapter.

(i) If the Commission is notified by the TSA that an individual has received a Final Notification of Threat Assessment concerning a driver or receives a direction from the TSA to revoke a driver's hazardous materials endorsement immediately, the Commission shall revoke the endorsement without a hearing; the driver's sole recourse will be to the TSA pursuant to 49 CFR § 1572.141.

(j) Any person who has a valid CDL which is not suspended, revoked, or canceled, and who is not disqualified from operating a CMV, may operate a CMV in this State on a reciprocal basis in accordance with 39:3-17.

N.J. Admin. Code § 13:21-23.3

Amended by R.2005 d.48, effective 2/7/2005.
See: 36 N.J.R. 4015(a), 37 N.J.R. 511(a).
Rewrote the section.
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)4, deleted "for" following "request"; in (c)4; substituted a colon for a period at the end.
Amended by R.2014 d.007, effective 1/6/2014.
See: 45 N.J.R. 870(a), 46 N.J.R. 122(a).
Added new (g); and recodified former (g) and (h) as (i) and (j).

Amended by 53 N.J.R. 2070(a), effective 12/6/2021