Current through Register Vol. 56, No. 18, September 16, 2024
(a) Prior to issuing
a CDL to a person, the Commission shall:
1. Require
the driver applicant to certify, pass tests, and provide information as described in
13:21-23.2(a)
and (b);
2. Check that the vehicle in which the applicant
takes his or her test is representative of the vehicle group the applicant has
certified that he or she operates or expects to operate;
3. Initiate and complete a check of the
applicant's driving record as specified in Section 6 of the New Jersey Commercial
Driver License Act to ensure that the person is not subject to any disqualification,
suspensions, revocations or cancellations as contained in the New Jersey Commercial
Driver License Act or
49 CFR §
383.51 and that the person does not have a
driver's license from more than one state. The record check shall include, but not
be limited to, the following:
i. A check of the
applicant's driving record as maintained by his or her current state of licensure,
if any;
ii. A check with CDLIS to
determine whether the driver applicant already has a CDL, whether the applicant's
license has been suspended, revoked, or canceled, or if the applicant has been
disqualified from operating a CMV; and
iii. A check with the National Driver Register
(NDR) to determine whether the driver applicant has:
(1) Been disqualified from operating a motor
vehicle (other than a CMV);
(2) Had a
license (other than a CDL) suspended, revoked, or canceled for cause in the
three-year period ending on the date of application; or
(3) Been convicted of any offenses contained in
section 205(a)(3) of the National Driver Register Act of 1982 (23 U.S.C. §
401 note);
4. Request the applicant's complete driving record
from all states where the applicant was previously licensed over the last 10 years
to drive any type of motor vehicle;
5.
If the applicant is applying for a hazardous materials endorsement, ensure that the
applicant has:
i. Prior to January 31, 2005, not
received a Final Notification of Threat Assessment from the TSA; and
ii. On or after January 31, 2005, received a
Notification of No Security Threat from the TSA;
6. Require the driver applicant, if he or she has
moved from another state, to surrender his or her driver's license issued by another
state; and
7. Verify the applicant's
completion of required training using data made available by the Training Provider
Registry, as mandated at 49 CFR 380, including Subparts F and G thereof, 49 CFR 383
and 384.
(b) Prior to issuing
a CDL to a person who has a CDL from another state, the Commission shall:
1. Require the driver applicant to make the
certifications contained in
13:21-23.2(b);
2. Complete a check of the driver applicant's
record as contained in (a)3 above;
3.
Request and receive updates of information specified in
13:21-23.19;
4. If such applicant wishes to retain a hazardous
materials endorsement, ensure that the driver has, within the two years preceding
the transfer, either passed the test for such endorsement specified in
13:21-23.14
or successfully completed a hazardous material test or training that is given by a
third party and is deemed by the Chief Administrator to substantially cover the same
knowledge base as that described in
N.J.A.C.
13:21-23.14; and
i. Prior to January 31, 2005, not received a Final
Notification of Threat Assessment from the TSA; and
ii. On or after January 31, 2005, received a
Notification of No Security Threat from the TSA; and
5. Obtain the CDL issued by the applicant's
previous State of domicile.
(c) Prior to renewing any CDL the Commission
shall:
1. Require the driver applicant to make the
certification contained in
13:21-23.2(b);
2. Complete a check of the driver applicant's
record as contained in (a)3 above;
3.
Request and receive updates of information specified in
N.J.A.C.
13:21-23.19; and
4. If such applicant wishes to retain a hazardous
materials endorsement, regardless of whether the applicant contemplated or has
applied for transfer to another state:
i. Require
the driver to pass the test for such endorsement specified in
N.J.A.C.
13:21-23.14;
ii. Prior to January 31, 2005, ensure that the
driver applicant has not received a Final Notification of Threat Assessment from the
TSA; and
iii. On or after January 31,
2005, ensure that the driver applicant has received a Notification of No Security
Threat from the TSA.
(d) Prior to issuing an upgrade of a CDL, the
Commission shall:
1. Require such driver applicant
to obtain an examination permit, provide certifications and pass tests as described
at
N.J.A.C.
13:21-23.2;
2. Complete a check of the driver applicant's
record as described at (a)3 above;
3. If
the driver applicant is applying for a hazardous materials endorsement:
i. Prior to January 31, 2005, ensure that the
driver applicant has not received a Final Notification of Threat Assessment from the
TSA; and
ii. On or after January 31,
2005, ensure that the driver applicant has received a Notification of No Security
Threat from the TSA; and
4.
Verify the applicant's completion of required training using data made available by
the Training Provider Registry, as mandated at 49 CFR 380, including Subparts F and
G thereof, 49 CFR 383 and 384.
(e) After the Commission has completed the
procedures described in (a), (b), (c), or (d) above, it may issue a CDL to the
driver applicant. The Commission shall notify the operator of the CDLIS of such
issuance, transfer, renewal, or upgrade within the 10-day period beginning on the
date of license issuance.
(f) If the
Commission determines, in its check of an applicant's license status and record
prior to issuing a CDL, or at any time after the CDL is issued, that the applicant
has falsified information contained in
13:21-23.19
or any of the certifications required in
13:21-23.2(b),
the Commission shall, after notice and an opportunity for a hearing pursuant to the
Administrative Procedure Act,
52:14B-1 et seq., and the
Uniform Administrative Procedure Rules, N.J.A.C. 1:1 at a minimum suspend, cancel,
or revoke the person's CDL, or his or her pending application, or disqualify the
person from operating a CMV for a period of at least 60 consecutive days.
(g) A driver who is convicted of fraud regarding
the application, issuance of, or testing for a CDL examination permit or CDL will
have his or her CDL examination permit or CDL disqualified. A driver who is
convicted of fraud is prohibited from reapplying for a CDL examination permit or CDL
for one year and must reapply following the procedures applicable to all CDL
examination permits and CDL applicants as set forth in this subchapter.
(h) Upon receipt by the Commission of credible
information that a CDL examination permit or CDL holder is suspected, but has not
been convicted, of fraud related to the issuance of or testing for his or her CDL
examination permit or CDL, the following shall apply:
1. The driver will be required to retake the
skills and knowledge tests;
2. The
affected driver shall make an appointment or otherwise schedule to take the next
available test within 30 days of receiving notification that re-testing is
necessary;
3. If the affected driver
does not make an appointment, his or her CDL examination permit or CDL will be
disqualified;
4. If the affected driver
fails either the knowledge or skills test or does not take both the knowledge and
skills tests, his or her CDL examination permit or CDL will be disqualified;
and
5. To reapply for a CDL examination
permit or CDL after the driver's privileges are disqualified, the driver must
reapply following the procedures applicable to all CDL examination permit and CDL
applicants as set forth in this subchapter.
(i) If the Commission is notified by the TSA that
an individual has received a Final Notification of Threat Assessment concerning a
driver or receives a direction from the TSA to revoke a driver's hazardous materials
endorsement immediately, the Commission shall revoke the endorsement without a
hearing; the driver's sole recourse will be to the TSA pursuant to 49 CFR §
1572.141.
(j) Any person who has a valid
CDL which is not suspended, revoked, or canceled, and who is not disqualified from
operating a CMV, may operate a CMV in this State on a reciprocal basis in accordance
with
39:3-17.
