Current through Register Vol. 56, No. 18, September 16, 2024
(a) To
obtain a CDL, a person must meet the following requirements:
1. Pass a knowledge test in accordance with the
standards contained in
13:21-23.9 for the type of motor
vehicle the person operates or expects to operate;
2. Pass a driving or skills test in accordance
with the standards at
N.J.A.C.
13:21-23.8 through 23.15, taken in a motor vehicle
that is representative of the type of motor vehicle the person operates, or expects
to operate, or provide evidence that he or she has successfully passed a driving
test administered by an authorized third party. If the applicant is applying for the
first time for a Class A or B CDL, or the applicant is applying to upgrade to a
Class A or B CDL, on or after February 7, 2022, the applicant must complete driver
training from a provider listed on the Training Provider Registry, and in accordance
with the requirements set forth at 49 CFR 380, including Subparts F and G thereof,
49 CFR 383 and 384. If the applicant is seeking to obtain for the first time, a
passenger (P), school bus (S), or hazardous materials (H) endorsement, on or after
February 7, 2022, the applicant must complete driver training related to that
endorsement from a provider listed on the Training Provider Registry, and in
accordance with the requirements set forth at 49 CFR 380, including Subparts F and G
thereof, 49 CFR 383 and 384;
3. If a
person operates, or expects to operate, in interstate or intrastate commerce, meet
the driver qualification requirements set forth at 49 CFR Part 391 and N.J.A.C.
13:60;
4. Make application for an
initial CDL, CDL examination permit, transfer of a CDL from another state, CDL
upgrade, CDL endorsement, or renewal of a CDL, to the Commission in the form
specified in (g) below. An applicant must provide complete and accurate information
and all certifications on the application;
5. Complete the application form with the
information required to be included on the CDL as specified in
13:21-23.19;
6. Surrender his or her noncommercial driver's
license and CDL examination permit to the Commission;
7. Provide the names of all States where the
applicant has previously been licensed to drive any type of motor vehicle during the
previous 10 years; and
8. Pay to the
Commission the license fee established by N.J.S.A. 39:3-10.3 0.
(b) In addition to any other requirements provided
by law, a person applying for a CDL, a CDL examination permit, a transfer of a CDL
from another state, a renewal of a CDL or a person applying to operate a CMV in a
different group or endorsement from the group or endorsement in which he or she
already holds a CDL, shall provide the following certifications:
1. A certification that he or she meets the
qualification requirements contained in 49 CFR Part 391; provided, a person who
operates or expects to operate entirely in intrastate commerce and is not subject to
49 CFR Part 391, may instead certify that he or she is not subject to 49 CFR Part
391; and
2. Certify that the motor
vehicle in which he or she takes the driving skills test, if such test is required,
is representative of the type of motor vehicle he or she operates or expects to
operate; and
3. Certify that he or she
is not subject to any disqualification, suspension, revocation or cancellation as
contained in the "New Jersey Commercial Driver License Act" or
49 CFR §
383.51; and
4. Certify that he or she does not have a driver
license from more than one state or jurisdiction.
(c) When applying to transfer a CDL from another
state of domicile to New Jersey, an applicant shall apply for a CDL from the
Commission within no more than 30 days after establishing his or her new domicile in
New Jersey. The applicant shall:
1. Provide to the
Commission the certifications contained in (b)1 and (b)3 above;
2. Provide to the Commission updated information
as specified in N.J.A.C. 13:21-23.19;
3.
If the applicant wishes to retain a hazardous materials endorsement, comply with
Commission requirements as specified in
13:21-23.3(b)
4;
4. Surrender the CDL from the old
state of domicile to the Commission; and
5. Provide the names of all States where the
applicant has previously been licensed to drive any type of motor vehicle during the
previous 10 years.
(d) When
applying for a renewal of a CDL, an applicant shall:
1. Provide to the Commission the certifications
contained in (b)1 above;
2. Provide to
the Commission updated information as specified in N.J.A.C. 13:21-23.19;
3. If a person wishes to retain a hazardous
materials endorsement, pass the test for such endorsement as specified in
13:21-23.14;
4. Provide the names of all states where the
applicant has previously been licensed to drive any type of motor vehicle during the
previous 10 years; and
5. Surrender his
or her current CDL to the Commission.
(e) When applying to operate a CMV in a different
group or endorsement from the group or endorsement in which the applicant already
has a CDL, the applicant shall;
1. Provide to the
Commission the necessary certifications as specified in (b)1 and (b)2
above;
2. Pass the tests specified in
(a)1 and (a)2 above for the new vehicle group and/or different endorsements;
and
3. Surrender his or her current CDL
to the Commission.
(f) When
applying for a CDL examination permit, an applicant shall:
1. Provide to the Commission the certifications
contained in (b)1 through (b)4 above;
2.
Provide to the Commission the information required to be included on the CDL as
specified in N.J.A.C. 13:21-23.19;
3.
Provide the names of all States where the applicant has previously been licensed to
drive any type of motor vehicle during the previous 10 years;
4. Pay to the Commission an examination permit fee
of $ 125.00; and
5. Pass a knowledge
test in accordance with the standards contained in
13:21-23.9 for the type of motor
vehicle the person intends to operate.
(g) CDL examination permits are valid for no more
than 180 days from the date of issuance. CDL examination permits may be renewed one
time for no more than an additional 180 days.
(h) An application for an initial CDL, commercial
driver examination permit, transfer of a CDL from another state, CDL upgrade, CDL
endorsement, or renewal of a CDL shall include the following:
1. The full legal name, including any middle name
and any applicable suffix, the street address of the current residence, all other
residential addresses for the previous seven years, and the mailing address, if
different from the street address of the applicant; a post office box shall appear
on the application only as a part of a mailing address that is submitted in addition
to a street address;
2. A physical
description of the person including sex, height, weight, and eye color;
3. Full date of birth;
4. The applicant's Social Security number (An
applicant shall be required to exhibit the original Social Security card or other
acceptable proof of said number);
5. The
applicant's signature and date of signature;
6. Such proof of physical condition, experience,
training, prior driving experience and knowledge as the Chief Administrator may
require;
7. City, state and country of
birth;
8. Citizenship;
9. The date of naturalization, if the applicant is
a naturalized citizen;
10. Alien
registration number, if the individual is a lawful permanent resident of the United
States;
11. Any other information
required by the Chief Administrator.
(i) In addition to the requirements of (g) above,
an application for an initial, renewal, or transfer of an hazardous materials
endorsement shall include the following:
1. A
statement that the individual signing the application was not convicted, or found
not guilty by reason of insanity, of any of the following disqualifying crimes or
their equivalent in this or any other state or in a Federal, military, or civilian
court during the seven years before the date of the individual's application:
i. Any crime listed in 18 U.S.C. Chapter
113B--Terrorism;
ii. Murder;
iii. Assault with intent to murder;
iv. Espionage;
v. Sedition;
vi. Kidnapping or hostage taking;
vii. Treason;
viii. Rape or aggravated sexual abuse;
ix. Unlawful possession, use, sale, distribution,
or manufacture of an explosive, explosive device, firearm, or other
weapon;
x. Extortion;
xi. Robbery;
xii. Arson;
xiii. Distribution of, intent to distribute,
possession, or importation of a controlled substance;
xiv. Dishonesty, fraud, or misrepresentation,
including identity fraud;
xv. A crime
involving a severe transportation security incident;
xvi. Improper transportation of a hazardous
material;
xvii. Bribery;
xviii. Smuggling;
xix. Immigration violations;
xx. Violations of the Racketeer Influenced and
Corrupt Organizations Act (
18 U.S.C.
§§
1961 et seq.); or
xxi. Conspiracy or attempt to commit any of the
crimes listed in (h)1i through xx above.
2. A statement that the applicant was not released
from incarceration in any jurisdiction set forth in (h)1 above for committing any
disqualifying crime set forth in (h)1i through xxi above during the five years
before the date of the individual's application.
3. A statement that the applicant is not wanted
for, charged with, or under indictment for any disqualifying crime set forth in
(h)1i through xxi above in any jurisdiction set forth in (h)1 above.
4. A statement that the applicant has not been
adjudicated as a mental defective or committed to a mental institution
involuntarily.
5. A statement that the
applicant is a United States citizen who has not renounced his or her United States
citizenship, or is a lawful permanent resident of the United States.
6. A statement that the applicant has or has not
served in the military, and if so, the branch in which he or she served, and the
date of discharge and the type of discharge;
7. A statement that the applicant has been
informed that Federal regulations under
49 CFR
1572.5(b) impose a continuing
obligation to disclose to the State within 24 hours if he or she is convicted, or
found not guilty by reason of insanity, of any disqualifying crime set forth in
(h)1i through xxi above, or adjudicated as a mental defective or committed to a
mental institution, while he or she has an hazardous materials endorsement for a
CDL.
8. A statement reading:
The information I have provided on this application is true,
complete, and correct to the best of my knowledge and belief and is provided in good
faith. I understand that a knowing and willful false statement, or an omission of a
material fact, on this application can be punished by fine or imprisonment or both
(see section 1001 of Title 18 United States Code), and may be grounds for denial of
an hazardous materials endorsement.
(j) In addition to fulfilling the requirements of
this section, an applicant for an initial, renewal, or transfer of an hazardous
materials endorsement shall submit his or her fingerprints in accordance with the
TSA's requirements through the State fingerprint vendor along with the fee therefor
in accordance with the instructions on the Universal Fingerprint Form supplied with
the application package.
(k) In the case
of a renewal of an hazardous materials endorsement the application process must be
completed no later than 90 days prior to the expiration of the current endorsement.
If an applicant for a renewal of an hazardous materials endorsement completes the
application process no later than 45 days prior to the expiration of the current
hazardous materials endorsement, the hazardous materials endorsement shall be
extended by the Commission for a period of 45 days. If an applicant for a renewal of
an hazardous materials endorsement completes the application process within 45 days
of the expiration of the current hazardous materials endorsement, the hazardous
materials endorsement shall not be renewed by the Commission until the Commission
receives a Notification of No Security Threat from the TSA.
(l) For purposes of this section, legal name shall
mean the name recorded on a birth certificate unless otherwise changed by marriage,
divorce or order of court.
