Current through Register Vol. 56, No. 24, December 18, 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
N.J.A.C.
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 N.J.A.C. 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
N.J.S.A. 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.
