New Jersey Statutes 39:3-13.1. Issuance of special learner’s permit
Terms Used In New Jersey Statutes 39:3-13.1
- Arrest: Taking physical custody of a person by lawful authority.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
- Subpoena: A command to a witness to appear and give testimony.
b. In addition to requiring an applicant for a 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.
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 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 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. § 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).
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.
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.
c. The special learner’s permit described above, when issued to a person taking a course of behind-the-wheel driving education conducted in a public, parochial, or private school, shall be retained in the office of the school principal at all times except during such time as the person to whom the permit is issued is undergoing behind-the-wheel automobile driving instruction. The chief administrator may make such rules and regulations as he may deem necessary to carry out the provisions of this section.
L.1950, c.127, s.1; amended 1951, c.7, s.1; 1975, c.129; 1977, c.25, s.4; 1993, c.34, s.3; 1998, c.108, s.4; 2001, c.391, s.13; 2003, c.204, s.2; 2009, c.38, s.7; 2019, c.271, s.13, 2021, c.139, s.6.