New Jersey § 39:3-40

§ 39:3-40.

No person to whom a driver's license has been refused or whose driver's license or

reciprocity privilege has been suspended or revoked, or who has been prohibited from

obtaining a driver's license, shall personally operate a motor vehicle during the

period of refusal, suspension, revocation, or prohibition. No person whose motor vehicle registration has been revoked shall operate or permit

the operation of such motor vehicle during the period of such revocation. Except as provided in subsections i. and j. of this section, a person violating this

section shall be subject to the following penalties: a. Upon conviction for a first offense, a fine of $500.00 and, if that offense involves

the operation of a motor vehicle during a period when the violator's driver's license

is suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c. 512 ( C.39:4-50.4a ), revocation of the violator's motor vehicle registration privilege in accordance

with the provisions of sections 2 through 6 of P.L.1995, c. 286 ( C.39:3-40.1 through C.39:3-40.5 ); b. Upon conviction for a second offense, a fine of $750.00, imprisonment in the county

jail for at least one but not more than five days and, if the second offense involves

the operation of a motor vehicle during a period when the violator's driver's license

is suspended and that second offense occurs within five years of a conviction for

that same offense, revocation of the violator's motor vehicle registration privilege

in accordance with the provisions of sections 2 through 6 of P.L.1995, c. 286 ( C.39:3-40.1 through C.39:3-40.5 ); c. Upon conviction for a third offense or subsequent offense, a fine of $1,000.00

and imprisonment in the county jail for 10 days. If the third or a subsequent offense involves the operation of a motor vehicle during

a period when the violator's driver's license is suspended and the third or subsequent

offense occurs within five years of a conviction for the same offense, revocation

of the violator's motor vehicle registration privilege in accordance with the provisions

of sections 2 through 6 of P.L.1995, c. 286 ( C.39:3-40.1 through C.39:3-40.5 ); d. Upon conviction, the court shall impose or extend a period of suspension not to

exceed six months; e. Upon conviction, the court shall impose a period of imprisonment for not less than

45 days or more than 180 days, if while operating a vehicle in violation of this section

a person is involved in an accident resulting in bodily injury to another person; f. (1) In addition to any penalty imposed under the provisions of subsections a. through

e. of this section, any person violating this section while under suspension issued

pursuant to section 2 of P.L.1972, c. 197 ( C.39:6B-2 ), upon conviction, shall be fined $500.00, shall have his license to operate a motor

vehicle suspended for an additional period of not less than one year nor more than

two years, and may be imprisoned in the county jail for not more than 90 days. (2) In addition to any penalty imposed under the provisions of subsections a. through

e. of this section and paragraph (1) of this subsection, any person violating this

section under suspension issued pursuant to R.S.39:4-50 , section 2 of P.L.1981, c. 512 ( C.39:4-50.4a ) or P.L. 1982, c. 85 ( C.39:5-30a et seq. ), shall be fined $500, shall have his license to operate a motor vehicle suspended

for an additional period of not less than one year or more than two years, and shall

be imprisoned in the county jail for not less than 10 days or more than 90 days. (3) In addition to any penalty imposed under the provisions of subsections a. through

e. of this section and paragraphs (1) and (2) of this subsection, a person shall have

his license to operate a motor vehicle suspended for an additional period of not less

than one year or more than two years, which period shall commence upon the completion

of any prison sentence imposed upon that person, shall be fined $500 and shall be

imprisoned for a period of 60 to 90 days for a first offense, imprisoned for a period

of 120 to 150 days for a second offense, and imprisoned for 180 days for a third or

subsequent offense, for operating a motor vehicle while in violation of paragraph

(2) of this subsection while: (a) on any school property used for school purposes which is owned by or leased to

any elementary or secondary school or school board, or within 1,000 feet of such school

property; (b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing

as such; or (c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school

crossing as such by ordinance or resolution. A map or true copy of a map depicting the location and boundaries of the area on or

within 1,000 feet of any property used for school purposes which is owned by or leased

to any elementary or secondary school or school board produced pursuant to section

1 of P.L.1987, c. 101 ( C.2C:35-7 ) may be used in a prosecution under subparagraph (a) of this paragraph. It shall not be relevant to the imposition of sentence pursuant to subparagraph (a)

or (b) of this paragraph that the defendant was unaware that the prohibited conduct

took place while on or within 1,000 feet of any school property or while driving through

a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present

on the school property or crossing zone at the time of the offense or that the school

was not in session; g. (Deleted by amendment, P.L. 2009, c. 224 ); h. A person who owns or leases a motor vehicle and permits another to operate the

motor vehicle commits a violation and is subject to suspension of his license to operate

a motor vehicle and to revocation of registration pursuant to sections 2 through 6

of P.L.1995, c. 286 ( C.39:3-40.1 through C.39:3-40.5 ) if the person: (1) Knows that the operator's license or reciprocity privilege to operate a motor vehicle has been suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c. 512 ( C.39:4-50.4a ); or (2) Knows that the operator's license or reciprocity privilege to operate a motor vehicle is suspended and that the operator has been convicted,

within the past five years, of operating a vehicle while the person's license was

suspended or revoked . In any case where a person who owns or leases a motor vehicle knows that the operator's

license or reciprocity privilege of the person he permits to operate the motor vehicle

is suspended or revoked for any violation of R.S.39:4-50 or section 2 of P.L.1981, c. 512 ( C.39:4-50.4a ), the person also shall be subject to the following penalties: for a first or second

offense, a fine of $1,000, imprisonment for not more than 15 days, or both; and for

a third or subsequent offense, a fine of $1,000, imprisonment for not more than 15

days, or both, and forfeiture of the right to operate a motor vehicle over the highways

of this State for a period of 90 days ; i. If the violator's driver's license to operate a motor vehicle has been suspended

pursuant to section 9 of P.L.1985, c. 14 ( C.39:4-139.10 ) or for failure to comply with a time payment order, the violator shall be subject

to a maximum fine of $100 upon proof that the violator has paid all fines and other

assessments related to the parking violation that were the subject of the Order of

Suspension, or if the violator makes sufficient payments to become current with respect

to payment obligations under the time payment order; j. If a person is convicted for a second or subsequent violation of this section and

the second or subsequent offense involves a motor vehicle moving violation, the term

of imprisonment for the second or subsequent offense shall be 10 days longer than

the term of imprisonment imposed for the previous offense. For the purposes of this subsection, a “ motor vehicle moving violation ” means any violation of the motor vehicle laws of this State for which motor vehicle

points are assessed by the chief administrator pursuant to section 1 of P.L.1982,

c. 43 ( C.39:5-30.5 ).