New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 21 - LICENSING SERVICE
Subchapter 23 - COMMERCIAL DRIVER LICENSING
Section 13:21-23.23 - Guidelines and conditions under which certain suspensions or revocations of CMV driving privileges for life may be reduced to a period of not less than 10 years
Universal Citation: NJ Admin Code 13:21-23.23
Current through Register Vol. 56, No. 18, September 16, 2024
(a) A person whose CMV driving privilege has been revoked for life under section 12(c) or 12(h) of the New Jersey Commercial Driver License Act, or under a similar provision of the law of any other state or jurisdiction, may apply to the Chief Administrator to have his or her CMV driving privilege restored.
(b) The Chief Administrator may, in his or her discretion, restore the CMV driving privileges of such applicant provided the applicant satisfies all of the following requirements:
1. The applicant has served a
minimum suspension period of 10 years under the suspension imposed pursuant to
section 12(c) or 12(h) of the New Jersey Commercial Driver License Act, or under a
similar provision of the law of any other state or jurisdiction;
2. The applicant has enrolled in, paid for,
attended and successfully completed a rehabilitation program (that is, driver
improvement program and/or alcohol education or rehabilitation program) approved by
the Chief Administrator and has provided sufficient proof of program
completion;
3. The applicant is
domiciled in this State and has produced sufficient proof of domicile;
4. The applicant has paid the restoration fee
provided in 39:3-10a, if required;
5. The applicant has paid the Alcohol Education,
Rehabilitation and Enforcement Fund fee provided in
39:4-50(b), if
required;
6. The applicant has satisfied
all of the requirements for obtaining a CDL and applicable endorsements in this
State. No waiver of the skills test shall be permitted for applicants under this
section;
7. The applicant has not
previously had his or her CMV driving privileges restored pursuant to this section
or the law of another state or jurisdiction similar to this section;
8. The applicant's driving privileges are not
suspended or revoked in this State or any other state or jurisdiction and he or she
has satisfied all outstanding suspensions in this State or any other state or
jurisdiction;
9. If the lifetime
revocation was imposed by a licensing authority or court of any other state or
jurisdiction, the applicant shall provide proof from that state or jurisdiction
authorizing a restoration;
10. The
applicant's driving record in this and any other state or jurisdiction, including
his or her driving record during the period when his or her CMV driving privilege
was suspended, clearly demonstrates that it is consistent with public safety that
the applicant be again permitted to operate CMVs. The Chief Administrator may
consider all relevant evidence including the frequency, nature and number of
violations, accidents, suspensions and revocations, any special circumstances
connected with any violation or suspension, including whether the applicant has been
involved in any accident resulting in death or bodily injury to any person. The
burden shall be on the applicant to demonstrate requisite qualification. The
applicant's failure to produce requisite evidence of qualification shall be
sufficient grounds to deny the application; and
11. The applicant has submitted an application for
such restoration as provided by the Chief Administrator.
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