Current through Register Vol. 56, No. 24, December 18, 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
N.J.A.C.
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
N.J.A.C.
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;
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
N.J.A.C.
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
N.J.A.C.
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
N.J.A.C.
13:21-23.19 or any of the certifications
required in
N.J.A.C.
13:21-23.2(b), the
Commission shall, after notice and an opportunity for a hearing pursuant to the
Administrative Procedure Act,
N.J.S.A. 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
N.J.S.A. 39:3-17.
