N.J. Admin. Code § 13:82-8.20

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

Section 13:82-8.20 - Operator license; proof of age and identity; expiration

(a) Each applicant for a boat operator license shall be required to furnish to the Commission, upon request, proof of identity and date of birth and proof that the applicant's presence in the United States is authorized pursuant to Federal law. Such proof may be established by submission of the original or certified (by the issuing authority) copy of the primary and/or secondary documents that are listed at (b) below as follows:

1. Each applicant must produce documents which total at least six points.

2. Each applicant must present at least one primary document.

3. Each applicant must present at least one secondary document.

4. An applicant shall not submit more than two documents with a point value of one.

5. If discrepancies exist within or between documents submitted by an applicant, the Commission may require that the applicant submit additional documentation.

6. The Commission shall refuse to grant any permit or license if the Commission has reasonable cause to believe that a document is altered, false, or otherwise invalid.

7. An applicant who is not a United States citizen must also submit proof of continued legal presence in the United States evidenced by a document listed at (b)1ii below or by a document issued by the United States Department of Homeland Security or another Federal agency that establishes the applicant's lawful presence in the United States as of the time the proof is presented.

8. For persons who, for reasons beyond their control, are unable to present all necessary documents and must rely on alternate documents to establish identity or date of birth, Commission-authorized personnel may review, approve, or accept other documentation that proves the applicant's identity and date of birth, and that the applicant's presence in the United States is authorized pursuant to Federal law.

9. The identity of the applicant shall be deemed to be the name recorded on the document(s) submitted to the Commission pursuant to this section unless evidence of a different name is established by the submission of a civil marriage or civil union certificate, divorce decree, or order of the court.

10. The Commission reserves the right to make changes to the list of acceptable documents found at (b) below. Such changes will be posted on the Motor Vehicle Commission's website, www.njmvc.gov, and will be available at all motor vehicle agencies.

(b) The following are acceptable documents:

1. Primary documents:

i. A United States citizen must submit at least one document from the following list:

Document	Value
United States or United States Territory birth certificate or certified copy with a State Office of Vital Statistics or equivalent agency in the individual's state of birth	4
United States Department of State birth certificate (Form FS-545 or DS-1350)	4
United States Department of State Consular Report of Birth Abroad (Form FS-240)	4
United States adoption papers	4
United States passport (current or expired less than three years)	4
New Jersey digitized driver or boat operator license (current or expired less than three years)	4
Valid New Jersey non-driver digitized identification card	4
Valid United States military photo identification card	4
Certificate of Naturalization (Form N-550, N-570 or N-578)	4
Certificate of Citizenship (Form N-560, N-561 or N-645)	4
Probationary license with digitized ima	4

ii. A person who is not a United States citizen must submit at least one document from the following list to establish lawful presence in the United States:

Document	Value
Current Permanent Resident Card (Form I-551) with expiration date and with United States Citizenship and Immigration Services (USCIS) verification	4
Foreign passports with USCIS verification and with valid record of arrival/departure (Form I-94) or valid I-551 stamp in passport	4
Refugee Travel Document (Form I-571)	4
United States Re-entry Permit (Form I-327)	4
Valid I-94 stamped 'Refugee,' 'Parolee,' 'Asylee,' or 'Notice of Action' (Form I-797 approved petition) by USCIS	4
Valid I-94 with attached photo stamped 'Processed for I-551. . . ' by USCIS	4
Current photo employment authorization card (Form I-688B or I-766) (must be presented with a valid Social Security card)	3
Current Alien Registration Card (Form I-551) without expiration date and with USCIS verification	2
Photo Temporary Resident Card (Form I-688)	2

2. Secondary documents:

i. United States citizens and persons who are not United States citizens must submit at least one document from the list below.

Document	Value
Valid New Jersey digitized driver or boat operator license (a secondary document for non-United States citizens only)	4
Probationary license with digitized image (a secondary document for non-United States citizens only)	4
Legal name change court order signed by a judge or court clerk	3
Civil marriage or civil union certificate or divorce decree	3
Current United States military dependent card	3
United States military photo retiree card	3
New Jersey firearm purchaser card	3
Valid United States government employee driver license	2
Valid United States government employee photo identification card	2
United States military discharge papers (DD214)	2
Federal Aviation Administration pilot license	2
United States school photo identification card with transcript or school records	2
United States college photo identification card with transcript	2
Current New Jersey non-digitized photo driver license	1
Current photo driver license of any other state of the United	1
States including the District of Columbia
Property tax statement, bill or receipt issued by a New Jersey municipality	1
State professional license	1
New Jersey public assistance card with photo	1
Social Security card with Social Security Administration (SSA) verification	1
High school diploma or GED (general equivalency diploma)	1
Bank statement/record (cannot be submitted in conjunction with ATM card)	1
ATM (automated teller machine) card with preprinted name and applicant's signature (cannot be submitted in conjunction with bank statement)	1
Current health insurance card or current prescription card	1
Current employee identification card accompanied by a printed pay stub	1
High school certificate (written test waiver)	1
Veteran's Administration universal access photo identification card	1

(c) Each applicant must present for inspection an acceptable proof of address document which may be, but is not limited to, the following:

1. A utility or credit card bill displaying applicant's name at current address, issued within last 90 days;

2. A property tax bill or receipt within last year;

3. Any letter or correspondence (including tax bills) received from the Federal Internal Revenue Service or any state tax office within the past year;

4. A high school or college report card or transcript within past two years (must contain address);

5. An original lease or rental agreement with the name of the applicant listed as the lessee or renter;

6. First class mail from any government agency within six months, including a Commission-issued driver or boat license renewal form;

7. A checking or savings account statement (bank or credit union) dated within the last 60 days; or

8. A certification, verifying the address of an applicant under 18 years of age who does not have his or her own proof of address verification, from a parent or guardian.

(d) Pursuant to N.J.S.A. 39:3-9b, victims of domestic violence and other specified crimes, and those the Chief Administrator determines to have good cause may show a mailing address on documents in this list as a post office box, an address other than the applicant's address, or other contact point as acceptable proof of principal residence.

(e) In addition to the documentation at (b) above, a parent or guardian must consent to the granting of a boat operator license for any applicant who is under 17 years of age.

(f) A boat operator license that is an endorsement on a basic driver license shall have the same expiration date as the basic driver license.

(g) All boat-only operator licenses shall expire four years from the last day of the month in which the license was originally issued and, thereafter, every four years.

(h) Commission staff members are authorized to scan all applications presented or accepted toward satisfying document requirements. All scanned images will be retained electronically in accordance with 47:3-15 et seq., and 15:3-2.1 through 2.7 and 4.1 through 4.11.

N.J. Admin. Code § 13:82-8.20

Amended by 48 N.J.R. 1955(a), effective 9/19/2016

Amended by 49 N.J.R. 766(b), effective 4/17/2017

Amended by 55 N.J.R. 2137(a), effective 10/2/2023