N.J. Admin. Code § 13:21-23.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:21-23.2 - Driver application procedures; initial; examination permit; transfer from another state; renewal; upgrade; endorsements; form; fee; legal name defined

(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.

N.J. Admin. Code § 13:21-23.2

Amended by R.2005 d.48, effective 2/7/2005.
See: 36 N.J.R. 4015(a), 37 N.J.R. 511(a).
Rewrote the section.
Amended by R.2009 d.219, effective 7/6/2009.
See: 41 N.J.R. 862(a), 41 N.J.R. 2681(a).
In (f)4, substituted "an" for the second occurrence of "the" and "of $ 125.00" for "established by N.J.S.A. 39:3-10.30".
Amended by R.2014 d.007, effective 1/6/2014.
See: 45 N.J.R. 870(a), 46 N.J.R. 122(a).
In (a)6, inserted "and CDL examination permit"; in the introductory paragraph of (d) and of (f), substituted "an applicant" for "all applicants"; in (d)3, deleted "and" at the end; in (d)4, substituted "states" for "States" and "; and" for a period at the end; added (d)5 and new (g); and recodified former (g) through (k) as (h) through ( l).

Amended by 52 N.J.R. 2123(a), effective 12/7/2020

Amended by 53 N.J.R. 2070(a), effective 12/6/2021