New Jersey § 39:3-13

§ 39:3-13.

a. The chief administrator may, in the chief administrator's discretion, issue to a

person over 17 years of age an examination permit, under the hand and seal of the

chief administrator, allowing such person, for the purpose of fitting the person to

become a licensed driver, to operate a designated class of motor vehicles other than

passenger automobiles and motorcycles for a specified period of not more than 90 days,

while in the company and under the supervision of a driver licensed to operate such

designated class of motor vehicles. b. The chief administrator, in the chief administrator's discretion, may issue for a

specified period of not less than one year a passenger automobile or motorcycle-only

examination permit to a person over 17 years of age regardless of whether a person

has completed a course of behind-the-wheel automobile driving education pursuant to

section 1 of P.L.1950, c. 127 ( C.39:3-13.1 ). An examination permit applicant who is under 18 years of age shall obtain the signature

of a parent or guardian for submission to the commission on a form prescribed by the

chief administrator. The chief administrator shall postpone for six months the driving privileges of

any person who submits a fraudulent signature for a parent or guardian. c. For six months immediately following the validation of an examination permit, and

until the holder passes the road test, the holder who is less than 21 years of age

shall operate the passenger automobile only when accompanied by, and under the supervision

of, a New Jersey licensed driver who is at least 21 years of age and has been licensed

to drive a passenger automobile for not less than three years. The holder of an examination permit who is at least 21 years of age shall operate

the passenger automobile for the first three months under such supervision and until

the holder passes the road test. The supervising driver of the passenger automobile shall sit in the front seat of

the vehicle. Whenever operating a vehicle while in possession of an examination permit, the holder

of the permit shall operate the passenger automobile with only one additional passenger

in the vehicle excluding dependents of the permit holder, except that this passenger

restriction shall not apply when the permit holder is at least 21 years of age or

when the permit holder is accompanied by a parent or guardian. Further, the holder of the passenger automobile permit who is less than 21 years

of age shall not drive during the hours between 11:01 p.m. and 5 a.m.; provided,

however, that this condition may be waived for an emergency which, in the judgment

of local police, is of sufficient severity and magnitude to substantially endanger

the health, safety, welfare, or property of a person, or for any bona fide employment

or religion-related activity if the employer or appropriate religious authority provides

written verification of such activity in a manner provided for by the chief administrator. The holder of the examination permit shall not use any hand-held or hands-free interactive

wireless communication device, except in an emergency, while operating a moving passenger

automobile on a public road or highway. “Use” shall include, but not be limited to, talking or listening on any hand-held

or hands-free interactive wireless communication device or operating its keys, buttons,

or other controls. The passenger automobile permit holder shall ensure that all occupants of the vehicle

are secured in a properly adjusted and fastened seat belt or child restraint system. d. The holder of an examination permit subject to the provisions of section 1 of P.L.1977,

c. 23 ( C.39:3-10b ) shall not operate a motorcycle at any time from a half-hour after sunset to a half-hour

before sunrise. A motorcycle operated by the holder of an examination permit shall carry only the

operator and shall not be operated on any toll road over which the New Jersey Turnpike

Authority or the South Jersey Transportation Authority has jurisdiction or on any

limited-access interstate highway. e. The holder of any examination permit shall not operate a motorcycle having a motor

with a maximum piston displacement that is less than 50 cubic centimeters or a motor

that is rated at no more than 1.5 brake horsepower with a maximum speed of no more

than 35 miles per hour on a flat surface at anytime from a half-hour after sunset

to a half-hour before sunrise and shall not operate the motorcycle with any other

passenger. The holder of any examination permit shall not operate such a motorcycle upon limited-access

interstate highways or public roads or highways with a posted speed limit greater

than 35 miles per hour. f. An applicant for an examination permit subject to the provisions of section 1 of

P.L.1977, c. 23 ( C.39:3-10b ), who is less than 18 years of age, shall be required to successfully complete a

motorcycle safety education course established pursuant to the provisions of section

1 of P.L.1991, c. 452 ( C.27:5F-36 ) as a condition for obtaining a motorcycle license or endorsement. g. The chief administrator shall provide the holder of an examination permit with two

removable, transferable, highly visible, reflective decals indicating that the driver

of the vehicle may be the holder of an examination permit. The decals shall be designed by the chief administrator, in consultation with the

Division of Highway Traffic Safety in the Department of Law and Public Safety. The chief administrator may charge a fee for the decals not to exceed the actual

cost of producing and distributing the decals. The decals shall be displayed in a manner prescribed by the chief administrator,

in consultation with the Division of Highway Traffic Safety in the Department of Law

and Public Safety, and shall be clearly visible to law enforcement officers. The holder of an examination permit shall not operate a vehicle unless the decals

are displayed. The decal shall be removed once the driver's examination permit period has ended. h. When notified by a court of competent jurisdiction that an examination permit holder

has been convicted of a violation which causes the permit holder to accumulate more

than two motor vehicle points or has been convicted of a violation of R.S.39:4-50 ; section 2 of P.L.1981, c. 512 ( C.39:4-50.4a ); section 1 of P.L.1992, c. 189 ( C.39:4-50.14 ); R.S.39:4-129 ; N.J.S.2C:11-5 ; section 1 of P.L.2017, c. 165 ( C.2C:11-5.3 ); subsection c. of N.J.S.2C:12-1 ; or any other motor vehicle-related law the chief administrator deems significant

and applicable pursuant to regulation, in addition to any other penalty that may be

imposed, the chief administrator shall, without the exercise of discretion or a hearing,

suspend the examination permit holder's examination permit for 90 days. The chief administrator shall restore the permit following the term of the permit

suspension if the permit holder satisfactorily completes a remedial training course

of not less than four hours which may be given by the commission, a driving school

licensed by the chief administrator pursuant to section 2 of P.L.1951, c. 216 ( C.39:12-2 ), or any Statewide safety organization approved by the chief administrator. The course shall be subject to oversight by the commission according to its guidelines. The permit holder shall also remit a course fee prior to the commencement of the

course. The chief administrator also shall postpone without the exercise of discretion or

a hearing the issuance of a basic license for 90 days if the chief administrator is

notified by a court of competent jurisdiction that the examination permit holder,

after completion of the remedial training course, has been convicted of any motor

vehicle violation which results in the imposition of any motor vehicle points or has

been convicted of a violation of R.S.39:4-50 ; section 2 of P.L.1981, c. 512 ( C.39:4-50.4a ); section 1 of P.L.1992, c. 189 ( C.39:4-50.14 ); R.S.39:4-129 ; N.J.S.2C:11-5 ; subsection c. of N.J.S.2C:12-1 ; or any other motor vehicle-related law the chief administrator deems significant

and applicable pursuant to regulation. When the chief administrator is notified by a court of competent jurisdiction that

an examination permit holder has been convicted of any alcohol or drug-related offense

unrelated to the operation of a motor vehicle and is not otherwise subject to any

other suspension penalty therefor, the chief administrator shall, without the exercise

of discretion or a hearing, suspend the examination permit for six months. i. An examination permit for a motorcycle or a commercial motor vehicle issued to a

person with a disability, as determined by the New Jersey Motor Vehicle Commission

after consultation with the Department of Education, shall be valid for nine months

or until the completion of the road test portion of the license examination, whichever

period is shorter. j. Each permit shall be sufficient license for the person to operate such designated

class of motor vehicles in this State during the period specified, while in the company

of and under the control of a driver licensed by this State to operate such designated

class of motor vehicles, or, in the case of a commercial driver license permit, while

in the company of and under the control of a holder of a valid commercial driver license

for the appropriate license class and with the appropriate endorsements issued by

this or any other state. Such person, as well as the licensed driver, except for a motor vehicle examiner

administering a driving skills test, shall be held accountable for all violations

of this subtitle committed by such person while in the presence of the licensed driver. k. In addition to requiring an applicant for an examination permit to submit satisfactory

proof of identity and age in accordance with the type of license for which the applicant

has applied, the chief administrator also shall require the applicant to provide the

requisite number of documents providing satisfactory proof that the applicant is a

resident of the State in accordance with the provisions of R.S.39:3-10 . l. Any documents and personal information, including an applicant's photograph, obtained

by the commission from an applicant for a standard permit shall be confidential, shall

not be considered a government record pursuant to P.L.1963, c. 73 ( C.47:1A-1 et seq. ), P.L.2001, c. 404 ( C.47:1A-5 et al.), or the common law concerning access to government records, and shall not

be disclosed by the commission for any purposes related to Title 8 of the United States

Code without the informed consent of the applicant, a warrant signed by a State or

federal judge, or a lawful court order or subpoena; except that nothing in this section

shall be construed to prohibit, or in any way restrict, any action where such prohibition

or restriction would be contrary to federal law ; and except that information under this subsection may be shared in accordance with

section 2 of P.L.2021, c. 139 ( C.39:2-3.9 ) . When responding to a warrant, court order, or subpoena, the commission may disclose

only those records or information specifically requested in the warrant, court order,

or subpoena. Possession of a standard permit issued pursuant to this section shall not be considered

evidence of an individual's citizenship or immigration status and shall not be used

as a basis for an investigation, arrest, citation, prosecution, or detention. Information regarding an applicant's Individual Tax Identification Number, social

security number, or ineligibility to receive a social security number obtained by

the commission for the issuance of a standard permit pursuant to this section, shall

not be considered a government record pursuant to P.L.1963, c. 73 ( C.47:1A-1 et seq. ), P.L.2001, c. 404 ( C.47:1A-5 et al.), or the common law concerning access to government records, and shall not

be disclosed by the commission except where: (1) required by section 11 of P.L.1998, c. 1 ( C.2A:17-56.60 ); (2) the applicant provides written informed consent to the disclosure; (3) the

requesting entity presents a warrant signed by a State or federal judge, a lawful

court order, or a subpoena; (4) required by State or federal law, and to the extent

that the disclosure may be necessary to permit the State to participate in the National

Driver Register program, as set forth in 49 U.S.C. s.30301 et seq. ; (5) the disclosure is in connection with an audit or investigation of identity fraud,

driver's license fraud, or non-driver identification card fraud ; or (6) consistent with section 2 of P.L.2021, c. 139 ( C.39:2-3.9 ) . m. If the chief administrator has reasonable cause to suspect that any document presented

by an applicant pursuant to this section is altered, false, or otherwise invalid,

the chief administrator shall refuse to grant the permit until such time as the document

may be verified by the issuing agency to the chief administrator's satisfaction. n. A person violating this section shall be subject to a fine not exceeding $500 or

imprisonment in the county jail for not more than 60 days, but if that person has

never been licensed to drive in this State or any other jurisdiction, the applicant

shall be subject to a fine of not less than $200 and, in addition, the court shall

issue an order to the commission requiring the commission to refuse to issue a license

to operate a motor vehicle to the person for a period of not less than 180 days. o. The holder of an examination permit shall be required to take a road test in order

to obtain a probationary license. No road test for any person who has been issued an examination permit to operate

a passenger vehicle shall be given unless the person has met the requirements of this

section. No road test for a probationary license shall be given unless the applicant has

first secured an examination permit and no such road test shall be scheduled for an

applicant who has secured an examination permit for a passenger vehicle or a motorcycle

for which an endorsement is not required until at least six months for an applicant

under 21 years of age or three months for an applicant 21 years of age or older shall

have elapsed following the validation of the examination permit for practice driving

or, in the case of an examination permit for other vehicles, until 20 days have elapsed. In the case of an omnibus endorsement or school bus, no road test shall be scheduled

until at least 10 days shall have elapsed. Every applicant for an examination permit to qualify for an omnibus endorsement

or an articulated vehicle endorsement shall be a holder of a valid basic driver's

license. p. The required fees for special learner's permits and examination permits shall be

as follows: Basic driver's license․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ ․․․․․up to $10 Motorcycle license or endorsement․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ ․․․$ 5 Omnibus or school bus endorsement․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ ․․․$25 q. The chief administrator shall waive the payment of fees for issuance of examination

permits for omnibus endorsements whenever the applicant establishes to the chief administrator's

satisfaction that said applicant will use the omnibus endorsement exclusively for

operating omnibuses owned by a nonprofit organization duly incorporated under Title

15 or 16 of the Revised Statutes or Title 15A of the New Jersey Statutes. r. The specified period for which a permit is issued may be extended for not more than

an additional 60 days, without payment of an added fee, upon application made by the

holder thereof, where the holder has applied to take the examination for a driver's

license prior to the expiration of the original period for which the permit was issued

and the chief administrator was unable to schedule an examination during said period. s. As a condition for the issuance of an examination permit under this section, the

chief administrator shall secure a digitized photograph of the applicant. The photograph shall be stored in a manner prescribed by the chief administrator

and may be displayed on the examination permit. The chief administrator may require that whenever a person to whom an examination

permit has been issued has reconstructive or cosmetic surgery which significantly

alters the person's facial features, the person shall notify the chief administrator

who may require the photograph of the person to be updated. t. Specific use of the examination permit and any information stored or encoded, electronically

or otherwise, in relation thereto shall be in accordance with P.L.1997, c. 188 ( C.39:2-3.3 et seq. ) , section 2 of P.L.2021, c. 139 ( C.39:2-3.9 ), and the federal “Driver's Privacy Protection Act of 1994,” Pub.L.103-322. Notwithstanding the provisions of any other law to the contrary, the digitized photograph

or any access thereto or any use thereof shall not be sold, leased, or exchanged for

value.