New Jersey § 39:3-13

§ 39:3-13.

a. The holder of a special learner's permit shall be entitled to a probationary driver's

license (1) upon attaining the age of 17 years, (2) upon the satisfactory completion

of an approved behind-the-wheel driver training course as indicated upon the face

of the special permit over the signature of the principal of the school or the person

operating the driving school in which the course was conducted, (3) upon the completion

of six months' driving experience with a validated special learner's permit in compliance

with the provisions of section 6 of P.L.1977, c. 25 ( C.39:3-13.2a ), and (4) upon passing the road test pursuant to R.S.39:3-10 . b. The holder of a probationary license shall be permitted to operate the passenger

automobile with only one additional passenger in the vehicle besides any dependent

of the probationary license holder, except that this passenger restriction shall not

apply when the holder of the probationary license is at least 21 years of age or the

probationary license holder is accompanied by a parent or guardian. Further, the holder of the probationary license who is under 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. c. The holder of the probationary license 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. In addition, the holder of the probationary license shall ensure that all occupants

of the vehicle are secured in a properly adjusted and fastened seat belt or child

restraint system. d. In addition to any other penalties provided under law, the holder of a probationary

license who accumulates more than two motor vehicle points or is 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 law the chief administrator deems to be significant

and applicable pursuant to regulation shall, for the first violation, be required

to satisfactorily complete 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 administered pursuant to rules and regulations promulgated by

the chief administrator and subject to oversight by the commission. The authority of the chief administrator to suspend, revoke, or deny issuance of

an initial or renewal license to operate a driving school or an instructor's license,

and to assess fines, pursuant to P.L.1951, c. 216 ( C.39:12-1 et seq. ) shall apply to any violations related to the administration of a remedial training

course. The license holder shall also remit a course fee prior to the commencement of the

course. e. When notified by a court of competent jurisdiction that a probationary license

holder has been convicted of a second or subsequent violation, in addition to any

other penalties provided under law, the chief administrator shall, without the exercise

of discretion or a hearing, suspend the probationary license for three months, and

shall postpone eligibility for a basic license for an equivalent period. In addition, when the chief administrator is notified by a court of competent jurisdiction

that a probationary license holder has been convicted of any alcohol or drug-related

offense unrelated to the operation of a motor vehicle, and he is not otherwise subject

to any other suspension penalty therefor, the chief administrator shall, without the

exercise of discretion or a hearing, suspend the probationary license for six months. f. The chief administrator shall provide the holder of a probationary license with

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

driver of the vehicle may be the holder of a probationary license. 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 a probationary license shall not operate a vehicle unless the decals

are displayed. The decal shall be removed once the driver's probationary license period has ended. g. A probationary license may be sent by mail and shall be clearly identifiable and

distinguishable in appearance from a basic license by any name, mark, color, or device

deemed appropriate by the chief administrator. h. A person issued a probationary license pursuant to this section may be issued a

standard probationary license or a REAL ID probationary license. The chief administrator shall require an applicant for a standard probationary license

to provide as proof of the applicant's identity, age, and residence primary and secondary

documents, with which the chief administrator shall attribute point values in accordance

with the point based identification verification program established pursuant to section

28 of P.L.2003, c. 13 ( C.39:2A-28 ). The point total required to prove the identity of an applicant for the standard

probationary license shall be the same for every applicant, regardless of immigration

status. In the event that the commission changes the point total threshold, the requirement

that every applicant reach the same point total threshold shall remain in effect. In addition to requiring an applicant for a probationary license to submit satisfactory

proof of identity and age, the chief administrator shall require the applicant to

provide: (1) as a condition for obtaining a standard probationary license, proof of the applicant's

social security number and one document providing satisfactory proof that the applicant

is a New Jersey resident. If the applicant does not have a social security number, the applicant shall either: (a) provide satisfactory proof of an Individual Taxpayer Identification Number; or (b) indicate, in a manner prescribed by the commission and consistent with all other

provisions of P.L.2019, c. 271 ( C.39:3-10o et al.), that the person is not eligible to receive a social security number; or (2) as a condition for obtaining a REAL ID probationary license: two documents providing

satisfactory proof that the applicant is a New Jersey resident; proof of the applicant's

social security number or verification of ineligibility for a social security number

in accordance with the “REAL ID Act of 2005,” Pub.L.109-13 , any acts amendatory or supplementary thereto, and any federal regulations adopted

thereunder; and proof that the applicant's presence in the United States is authorized

under federal law. A standard probationary license shall indicate that the license shall not be accepted

as identification for an official purpose, as that term is defined under the “REAL

ID Act of 2005,” Pub.L.109-13 , any acts amendatory or supplementary thereto, and any federal regulations adopted

thereunder. 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 probationary license until such

time as the document may be verified by the issuing agency to the chief administrator's

satisfaction. 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. i. Any documents and personal information, including an applicant's photograph, obtained

by the commission from an applicant for a standard probationary license 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 purpose 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 probationary license 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 probationary license 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 ) .