New Jersey § 39:3-10

§ 39:3-10.

a. In addition to the imposition of any other penalty provided by law, the chief administrator

shall suspend for not less than one year nor more than three years the commercial

motor vehicle driving privilege of a person convicted for a first violation of: (1) R.S.39:4-50 if the motor vehicle was a commercial motor vehicle or section 5 of P.L.1990, c. 103 ( C.39:3-10.13 ). (2) R.S.39:4-129 if the motor vehicle was a commercial motor vehicle operated by the person. (3) Using a commercial motor vehicle in the commission of any “crime” as defined in

subsection a., c. , or d. of N.J.S.2C:1-4 , except in circumstances where harsher penalties are provided by this section. (4) Refusal to submit to a chemical test under section 2 of P.L.1966, c. 142 ( C.39:4-50.2 ) or section 16 of P.L.1990, c. 103 ( C.39:3-10.24 ) if the motor vehicle was a commercial motor vehicle. (5) Paragraph (1) of subsection b. of section 10 of P.L.1990, c. 103 ( C.39:3-10.18 ). (6) A violation, arising in connection with a fatal accident, of State or local law

relating to motor vehicle traffic control, other than a parking violation, regardless

of whether the motor vehicle operated by the person was a commercial motor vehicle

or a non-commercial motor vehicle. b. If a first violation of any of the violations specified in subsection a. of this

section takes place while transporting hazardous material or takes place in a vehicle

displaying a hazardous material placard, the chief administrator shall suspend the

commercial motor vehicle driving privilege of the person for three years. c. Subject to the provisions of subsection d. of this section, the chief administrator

shall revoke for life the commercial motor vehicle driving privilege of a person for

a second or subsequent violation of any of the offenses specified in subsections a.

and j. of this section or any combination of those offenses arising from two or more

separate incidents. d. The chief administrator may issue rules and regulations establishing guidelines,

including conditions under which a revocation of commercial motor vehicle driving

privilege for life under subsection c. may be reduced to a period of not less than

10 years. e. Notwithstanding any other provision of law to the contrary, the chief administrator

shall revoke for life the commercial motor vehicle driving privilege of a person who

uses a commercial motor vehicle or a non-commercial motor vehicle in the commission

of a crime involving the manufacture, distribution, or dispensing of a controlled

substance or controlled substance analog, or possession with intent to manufacture,

distribute, or dispense a controlled substance or controlled substance analog. Notwithstanding any other provision of law to the contrary, the chief administrator

shall revoke for life the commercial motor vehicle driving privilege of a person who

is convicted of a crime involving an act or practice described in section 1 of P.L.2005, c. 77 ( C.2C:13-8 ) or involving an act or practice of one or more of the severe forms of trafficking

in persons as described in paragraph (11) of 22 U.S.C. S.7102 , the federal “Trafficking Victims Protection Act of 2000.” A revocation under this subsection shall not be subject to reduction in accordance

with subsection d. of this section. f. (1) The chief administrator shall suspend the commercial motor vehicle driving

privilege of a person for a period of not less than 60 days if the person is convicted

of a serious traffic violation, other than a violation arising in connection with

a fatal accident as set forth in paragraph (6) of subsection a. of this section, and

that conviction constitutes the second serious traffic violation committed in a commercial

motor vehicle or non-commercial motor vehicle in this or any other state arising from

separate incidents occurring within a three-year period. The chief administrator shall suspend the commercial motor vehicle driving privilege

for 120 days if the conviction constitutes the third or subsequent serious traffic

violation, other than a violation arising in connection with a fatal accident as set

forth in paragraph (6) of subsection a. of this section, committed in a commercial

motor vehicle or non-commercial motor vehicle in this or any other state arising from

separate incidents occurring within a three-year period. (2) The chief administrator shall suspend the commercial motor vehicle driving privilege

of a person for a period of not less than 60 days if the person is convicted of a

violation of R.S.39:4-128 ; section 68 of P.L.1951, c. 23 ( C.39:4-127.1 ); or section 10 of P.L.2005, c. 147 ( C.39:4-128.11 ). The chief administrator shall suspend the commercial motor vehicle driving privilege

for not less than 120 days if the conviction constitutes the second violation of R.S.39:4-128 ; section 68 of P.L.1951, c. 23 ( C.39:4-127.1 ); section 10 of P.L.2005, c. 147 ( C.39:4-128.11 ) or any combination of such violations in this or any other state arising from separate

incidents occurring within a three-year period. The chief administrator shall suspend the commercial motor vehicle driving privilege

for not less than one year if the conviction constitutes the third or subsequent violation

of R.S.39:4-128 ; section 68 of P.L.1951, c. 23 ( C.39:4-127.1 ); section 10 of P.L.2005, c. 147 ( C.39:4-128.11 ) or any combination of such violations in this or any other state arising from separate

incidents occurring within the past three years. (3) The chief administrator shall suspend the commercial motor vehicle driving privilege

of a person for a period of not less than 180 days or more than one year if the person

is convicted of violating a driver, commercial motor vehicle, or motor carrier operation

out-of-service order while driving a commercial motor vehicle transporting nonhazardous

materials. The chief administrator shall suspend the commercial motor vehicle driving privilege

of a person for a period of not less than two years or more than five years if the

conviction constitutes the second conviction in a separate incident in this or any

other state within a 10-year period of violating a driver, commercial motor vehicle,

or motor carrier operation out-of-service order while driving a commercial motor vehicle

transporting nonhazardous materials. The chief administrator shall suspend the commercial motor vehicle driving privilege

of a person for a period of not less than three years or more than five years if the

conviction constitutes the third or subsequent conviction in a separate incident in

this or any other state within a 10-year period of violating a driver, commercial

motor vehicle, or motor carrier operation out-of-service order while driving a commercial

motor vehicle transporting nonhazardous materials. (4) The chief administrator shall suspend the commercial motor vehicle driving privilege

of a person for a period of not less than 180 days or more than two years if the person

is convicted of violating a driver, commercial motor vehicle, or motor carrier operation

out-of-service order while driving a commercial motor vehicle transporting hazardous

materials required to be placarded under Subpart F of 49 C.F.R. s.172 , or while operating a vehicle designed to transport 16 or more passengers, including

the driver. The chief administrator shall suspend the commercial motor vehicle driving privilege

of a person for a period of not less than three years or more than five years if the

conviction constitutes a second or subsequent conviction in a separate incident within

a 10-year period in this or any other state of violating a driver, commercial motor

vehicle, or motor carrier operation out-of-service order while driving a commercial

motor vehicle transporting hazardous materials required to be placarded under Subpart

F of 49 C.F.R. s.172 , or while operating a vehicle designed to transport 16 or more passengers, including

the driver. g. A court shall make a report to the chief administrator within three days in such

form as the chief administrator may require concerning conviction for any violation

or crime listed or described in P.L.1990, c. 103 ( C.39:3-10.9 et seq. ). The chief administrator shall notify the Commercial Driver License Information System

of the suspension, revocation, or cancellation. In the case of non-residents, the chief administrator also shall notify the licensing

authority of the state which issued the commercial driver license or the state where

the person is domiciled. The chief administrator shall provide these notices within 10 days after the suspension,

revocation, cancellation, or disqualification. h. The chief administrator shall in accordance with this section suspend a commercial

motor vehicle driving privilege of a person holding, or required to hold, a commercial

driver license issued by this State if the person is convicted in another state or

foreign jurisdiction of an offense of a substantially similar nature to the offenses

specified in subsection a., e., f., g., h., i. or j. of this section. For purposes of this section, a violation such as driving while intoxicated, driving

under the influence, or driving while ability is impaired shall be considered substantially

similar offenses. For purposes of this section, a violation committed in another state but substantially

similar to those enumerated in subsection a., e., f., g., h., i. or j. of this section

committed in this State shall be included. i. Notwithstanding any other provision of law to the contrary, a conviction under

this section, or section 5 or 16 of P.L.1990, c. 103 ( C.39:3-10.13 or C.39:3-10.24 ), shall not merge with a conviction for a violation of R.S.39:4-50 or section 2 of P.L.1966, c. 142 ( C.39:4-50.2 ). j. In addition to any other penalty provided by law, the chief administrator shall

suspend for one year the commercial motor vehicle driving privilege of a person for

a first violation of: (1) R.S.39:4-50 while operating a non-commercial motor vehicle; (2) R.S.39:4-129 while operating a non-commercial motor vehicle; (3) Refusing to submit to a chemical test under section 2 of P.L.1966, c. 142 ( C.39:4-50.2 ) while operating a non-commercial motor vehicle; or (4) Using a non-commercial motor vehicle in the commission of any “crime” as defined

in subsection a., c. , or d. of N.J.S.2C:1-4 . k. The chief administrator shall in accordance with this section suspend the commercial

motor vehicle driving privilege of a person holding, or required to hold, a commercial

driver license issued by this State if that person has been disqualified from operating

a commercial motor vehicle by the Federal Motor Carrier Safety Administration pursuant

to 49 C.F.R. s.383.52 because that person's driving has been determined to constitute an imminent hazard. l . The New Jersey Motor Vehicle Commission shall maintain records of accidents, convictions,

and disqualification for persons holding, or required to hold, a commercial driver

license in accordance with 49 C.F.R. s.384.225 and the AAMVAnet, Inc.'s “Commercial Driver License Information System State Procedures,”

as amended and supplemented. m. Any driver who is found to be in violation of the provisions of paragraph (a) or

(b) of 49 C.F.R. s.392.5 , relating to the use of alcohol, being under the influence of alcohol, having any

measured alcohol concentration or detected presence of alcohol, or possessing alcohol,

shall be placed out-of-service immediately for a period of 24 hours. n. In sentencing a person convicted of a first violation of section 5 of P.L.1990, c. 103 ( C.39:3-10.13 ) whose blood alcohol concentration was at least 0.04% but less than 0.08%, the court

shall not suspend the person's basic driver's license, but shall order the installation

of an ignition interlock device in one non-commercial motor vehicle owned, leased,

or principally operated by the offender, whichever the offender most often operates,

which shall remain installed during the period that the person's commercial motor

vehicle driving privilege is suspended.