Current through Register Vol. 56, No. 18, September 16, 2024
(a) Applicants for
passenger endorsements shall submit an application as prescribed. Applicants shall
be at least 21 years of age, have a minimum of three years driving experience, be of
good character and physically fit and possess a valid New Jersey driver license.
Fingerprinting will be required.
(b)
Examinations may be conducted to determine driving ability, familiarity with the
mechanism of the vehicle, knowledge of the motor vehicle laws of the State of New
Jersey and adequate visual capabilities.
(c) The Chief Administrator of the Motor Vehicle
Commission may not issue a passenger endorsement, or may revoke or suspend the
passenger endorsement of any person when it is determined that the applicant or
holder of such passenger endorsement has:
1. A
driving record which established revocation or suspension for operating a motor
vehicle while under the influence of intoxicating liquor, narcotics or habit-forming
drugs; for operating a motor vehicle while impaired by alcohol; or, for leaving the
scene of an accident which resulted in personal injury or death;
2. Twelve or more current points under the point
system;
3. A record of at least three
motor vehicle accidents within one year preceding the date of application;
4. Failed to notify his employer of any conviction
for motor vehicle violations within 30 days after such convictions;
5. Committed a misstatement of fact or withheld
material information on applications;
6.
Failed to submit proof of continuing physical fitness, good character, and driver
experience every 24 months. (Proof of physical fitness shall be in the form of a
satisfactory medical report submitted by a licensed physician). If the medical
report submitted by the licensed physician indicates that it is valid for a period
of time less than 24 months, then a new updated medical report shall be submitted
prior to the expiration of the current medical report. Pursuant to
13:60-1.1 et seq., failure to meet the
medical and physical qualifications of this paragraph will subject the applicant or
holder of such passenger endorsement to denial, revocation, or suspension of that
person's underlying commercial driver license (CDL), as well as his or her passenger
endorsement;
7. Failed to notify the
Motor Vehicle Commission and his or her employer immediately of any medical
condition that may affect his or her ability to operate a motor vehicle
safely;
8. Failed to pass the prescribed
driving test;
9. Failed to
satisfactorily complete a written examination proving adequate knowledge of the New
Jersey motor vehicle laws and regulations and safe driving practices;
10. Failed to submit a renewal application within
one year of the expiration of his or her last valid passenger endorsement;
11. Failed to meet the medical and physical
qualifications set forth in the regulations of the United States Department of
Transportation, Federal Motor Carrier Safety Administration,
49 CFR
391.41, as amended and supplemented. Pursuant to
13:60-1.1 et seq., failure to meet the
medical and physical qualifications of this paragraph will subject the applicant or
holder of such passenger endorsement to denial, revocation, or suspension of that
person's underlying CDL, as well as his or her passenger endorsement;
12. A criminal record that is disqualifying. The
phrase "crime or other offense" as used hereinafter shall include crimes, disorderly
persons offenses or petty disorderly persons offenses as defined in the "New Jersey
Code of Criminal Justice" and any offenses defined by any other statute of this
State. A driver has a disqualifying record if:
i.
He or she has been convicted of, or forfeited bond or collateral upon, any of the
following:
(1) An offense involving the
manufacture, transportation, possession, sale or habitual use of a "controlled
dangerous substance" as defined in the "New Jersey Controlled Substance
Act";
(2) A crime or other offense
involving deviate or illicit social behavior such as rape, incest, sodomy or carnal
abuse;
(3) A crime or other offense
involving the use of force or the threat of force to or upon a person or property,
such as armed robbery, assault and arson;
(4) Any crime or other offense indicative of bad
moral character; or
(5) He or she fails
to notify the Motor Vehicle Commission that he or she has been arrested for, charged
with, indicted for, convicted of, or forfeited bond or collateral upon any crime or
other offense within 14 days after the date of such event; or
13. In the absence of a conviction, the
Chief Administrator of the Motor Vehicle Commission shall refuse to issue or shall
revoke or suspend the passenger endorsement of any person arrested for, charged with
or indicted for any crime or other offense if the Chief Administrator determines
that such person is of bad character or is morally unfit to retain the privilege of
holding a passenger endorsement, or is a potential danger to his or her passengers
or to other motorists or to himself or herself.
(d) If sufficient and reasonable grounds are
established either upon initial review or at a hearing, the Chief Administrator of
the Motor Vehicle Commission may, not inconsistent with
39:3-10, waive any portion or portions
of this subchapter. Applicants seeking such waivers must, prior to a hearing, submit
to the Chief Administrator a request for such waiver and the basis of such
request.
