New Jersey § 48:16-22

§ 48:16-22.

a. Any person who owns a limousine service , or any other company or service which pairs a passenger automobile, as defined in R.S.39:1-1 , and a driver with a private customer to provide prearranged passenger transportation

at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted

on a regular route, including, but not limited to, the use of authorized drivers of

rental vehicles to provide such passenger transportation, shall require an applicant for employment as a limousine operator or driver , or as an operator or driver of any other passenger automobile, as defined in R.S.39:1-1 , provided through a company or service which pairs a passenger automobile and a driver

with a private customer to provide prearranged passenger transportation at a premium

fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular

route, to provide the applicant's name, address, citizenship status, a form of photographic

identification, birth certificate, and such other information as the Chief Administrator

of the New Jersey Motor Vehicle Commission (hereinafter the “chief administrator”)

may require. b. An applicant subject to the provisions of subsection a. of this section shall submit

to being fingerprinted by the Division of State Police in the Department of Law and

Public Safety or by agents appointed by or under contract to the division and shall also provide written consent to the performance of a criminal history record

background check unless the applicant was previously fingerprinted and had a criminal

history background check conducted as part of an application for a Commercial Driver

License or a passenger endorsement under a Commercial Driver License or both . The chief administrator is authorized to exchange fingerprint data and photographic

identification with and receive criminal history record background information results

from the Division of State Police. The division shall inform the chief administrator if an applicant's criminal history

record background check reveals a conviction of a disqualifying crime as specified

in subsection d. of this section. The applicant shall bear the cost of fingerprinting and the cost for the background

checks, including all costs of administering and processing the checks. As used in this section, “ criminal history record background check ” means a determination of whether a person has a criminal record by cross-referencing

that person's name and fingerprint data with those on file with the State Bureau of Identification in the Division of State Police. c. No applicant shall be permitted to operate or drive a limousine , or any other passenger automobile, as defined in R.S.39:1-1 , provided through a company or service which pairs a passenger automobile and a driver

with a private customer to provide prearranged passenger transportation at a premium

fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular

route, unless the applicant is 21 years of age or older and unless the chief administrator

provides written notification to the owner of the limousine service , or any other company or service which pairs a passenger automobile, as defined in R.S.39:1-1 , and a driver with a private customer to provide prearranged passenger transportation

at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted

on a regular route, of the chief administrator's determination that the applicant is qualified for employment

as a limousine operator or driver , or as an operator or driver of any other passenger automobile, as defined in R.S.39:1-1 , provided through a company or service which pairs a passenger automobile and a driver

with a private customer to provide prearranged passenger transportation at a premium

fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular

route . d. An applicant shall be disqualified from operating or driving a limousine , or any other passenger automobile, as defined in R.S.39:1-1 , provided through a company or service which pairs a passenger automobile and a driver

with a private customer to provide prearranged passenger transportation at a premium

fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular

route, if the applicant's criminal history record background check reveals a record of conviction

of any of the following crimes: (1) In New Jersey or elsewhere any crime as follows: aggravated assault, arson, burglary,

escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual

assault or endangering the welfare of a child pursuant to N.J.S.2C:24-4 , whether or not armed with or having in his possession any weapon enumerated in subsection

r. of N.J.S.2C:39-1 , a crime pursuant to the provisions of N.J.S.2C:39-3 , N.J.S.2C:39-4 or N.J.S.2C:39-9 , or other than a disorderly persons or petty disorderly persons offense for the unlawful

use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2 . (2) In any other state, territory, commonwealth or other jurisdiction of the United

States, or any country in the world, as a result of a conviction in a court of competent

jurisdiction, a crime which in that other jurisdiction or country is comparable to

one of the crimes enumerated in paragraph (1) of subsection d. of this section. e. The chief administrator is authorized to adopt regulations, pursuant to the “Administrative

Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), to effectuate the purposes of this section. f. The provisions of this section shall apply to persons making applications for employment

on or after the effective date of P.L.2001, c. 416 ( C.48:16-18.1 et al.). g. If an applicant who has been convicted of one of the crimes enumerated in subsection

d. of this section can produce a certificate of rehabilitation issued pursuant to

Section 2 of P.L.2007, c. 327 ( C.2A:168A-8 ) or, if the criminal offense occurred outside New Jersey, an equivalent certificate

from the jurisdiction where the criminal offense occurred, the criminal offense shall

not disqualify the applicant from operating or driving a limousine or any other passenger

automobile, as defined in R.S.39:1-1 , provided through a company or service which pairs a passenger automobile and a driver

with a private customer to provide prearranged passenger transportation at a premium

fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular

route. h. Nothing in this section shall be construed to include the owners or operators of

taxicabs, hotel buses, buses employed solely in transporting school children or teachers,

vehicles owned and operated directly or indirectly by businesses engaged in the practice

of mortuary science when those vehicles are used exclusively for providing transportation

related to the provision of funeral services, autobuses which are subject to the jurisdiction

of the Department of Transportation or interstate autobuses required by federal or

State law or regulations of the Department of Transportation to carry insurance against

loss from liability imposed by law on account of bodily injury or death. i. The owner of a limousine service, or any other company or service which pairs a

passenger automobile, as defined in R.S.39:1-1 , and a driver with a private customer to provide prearranged passenger transportation

at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted

on a regular route, including, but not limited to, the use of authorized drivers of

rental vehicles to provide such passenger transportation, who permits the operation

of a limousine, or any other passenger automobile provided through a company or service

which pairs a passenger automobile and a driver with a private customer to provide

prearranged passenger transportation at a premium fare on a dedicated, nonscheduled,

charter basis that is not conducted on a regular route, by a person who the chief

administrator has not determined to be qualified for employment pursuant to subsection

c. of this section shall be subject to a penalty of $500. Actions to impose a penalty under this subsection shall be brought, and any such penalty

shall be collected, in a summary proceeding pursuant to the “Penalty Enforcement Law

of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ). The Superior Court or any municipal court where the violation was detected, or where

the defendant was apprehended, shall have jurisdiction to hear any action brought

for violation of this subsection. Penalties imposed pursuant to this subsection shall be in addition to those otherwise

imposed according to law. All penalties collected pursuant to the provisions of this subsection shall be forwarded

as provided in R.S.39:5-40 and subsection b . of R.S.39:5-41 . If the violation is of a continuing nature, each day during which it continues shall

constitute an additional, separate, and distinct offense.