N.J. Stat. tit. 39, ch. 12

in effect

N.J. Stat. § 39:12-1 Definitions

As used in this act, the following words and terms shall have the following meanings: a. "Drivers' school" means the business of giving instruction, for compensation, in the driving of motor vehicles and motorcycles; b. "Person" includes an individual, corporation, and partnership; c. "Place of business" means a designated location at which the business of a drivers' school is conducted; and d. "Fraudulent practices" shall include, but shall not be limited to, (1) any conduct or representation tending to give the impression that a license to operate a motor vehicle or motorcycle or any other license, registration or service granted by the Director of Motor Vehicles in the Department of Law and Public Safety may be obtained by any means other than the means prescribed by law or by furnishing or obtaining the same by illegal or by improper means or (2) the requesting, accepting, exacting or collecting of money for such purpose. L.1951, c. 216, p. 775, s. 1.

N.J. Stat. § 39:12-2 License required to conduct drivers' school; application; fees.

2. No person shall engage in the business of conducting a drivers' school without being licensed therefor by the Chief Administrator of the New Jersey Motor Vehicle Commission. Application therefor shall be in writing and contain such information therein as he shall require on initial and renewal applications, including the applicant's Federal Tax Identification number, State tax identification number and proof of workers' compensation insurance coverage by a mutual association or stock company authorized to write coverage on such risks in this State or written authorization by the Commissioner of Banking and Insurance to self-insure for workers' compensation pursuant to R.S.34:15-77. The applicant shall file a surety bond in the amount of $10,000 issued by a company authorized to transact surety business in this State and payable to the division. A license shall not be issued or renewed unless the applicant or an employee is a qualified supervising instructor. For purposes of this section, a "qualified supervising instructor" shall mean a drivers' school instructor who a. is currently licensed and has been licensed by the division for at least two years prior to submission of the initial or renewal application, b. has successfully provided a minimum of 500 hours of behind-the-wheel instruction, and c. has successfully completed a three credit New Jersey driver education college course offered by a college or university licensed by the New Jersey Commission on Higher Education. The applicant shall furnish, together with the application, satisfactory evidence that the applicant or an employee is a qualified supervising instructor as set forth herein, except that an applicant for license renewal shall have one year after the date this act becomes effective to furnish evidence of completion of a three credit New Jersey driver education college course to the division. If the application is approved, the applicant shall be granted a license to teach approved courses in classroom and behind-the-wheel driver education upon the payment of a fee of $250.00; provided, however, no license fee shall be charged for the issuance of a license to any board of education, school board, public, private or parochial school, which conducts a course in driver education, approved by the State Department of Education. A license so issued shall be valid during the calendar year. The annual fee for renewal shall be $200. The chief administrator shall issue a license certificate or license certificates to each licensee, one of which shall be displayed in each place of business of the licensee. For the purposes of this section, each applicant for a license shall submit to the chief administrator the applicant's name, address, fingerprints and written consent for a criminal history record background check to be performed. The chief administrator is hereby authorized to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and federal laws, rules and regulations, for purposes of facilitating determinations concerning licensure eligibility. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check. The Division of State Police shall promptly notify the chief administrator in the event a current holder of a license or prospective applicant, who was the subject of a criminal history record background check pursuant to this section, is arrested for a crime or offense in this State after the date the background check was performed. A public, parochial or private school or a drivers' school licensed by the chief administator pursuant to this section shall be authorized to provide behind-the-wheel driving instruction. Upon further application to the chief administrator, a drivers' school licensed by the chief administrator pursuant to this section may be approved by the chief administrator to conduct a State approved written drivers' examination, eye examination, or remedial training course, subject to a fee and annual renewal thereof in an amount which shall be determined by the chief administrator. The examinations and training course shall be administered pursuant to rules and regulations promulgated by the chief administrator and subject to oversight by the division. The authority of the chief administrator to suspend, revoke or deny issuance of an initial or renewal license to operate a drivers' school or an instructor's license, and to assess fines, pursuant to this chapter, shall apply to any violations related to the administration of a State approved written drivers' examination, eye examination or remedial training course. In case of the loss, mutilation or destruction of a certificate, the chief administrator shall issue a duplicate upon proof of the facts and the payment of a fee of $5. L.1951,c.216,s.2; amended 1952, c.196; 1975, c.180, s.21; 1994, c.60, s.29; 2001, c.420, s.9; 2003, c.199, s.23.

N.J. Stat. § 39:12-2.1 Recognition of behind-the-wheel instructional experience for drivers' school license.

1. Notwithstanding any law, rule or regulation to the contrary, a person who is employed as a driving instructor in a public or non-public secondary school shall receive hour-for-hour credit from the Division of Motor Vehicles for the person's behind-the-wheel instructional experience towards the fulfillment of any behind-the-wheel hourly instructional requirement necessary to obtain a drivers' school license. The principal of the high school or superintendent of the school district shall affirm, in the form of an affidavit, the person's total number of hours of behind-the-wheel instructional experience. For the purposes of this act, behind-the-wheel instructional experience for courses taught only on public highways and streets is applicable to fulfillment of any behind-the-wheel hourly instructional requirement. Instructional experience using simulator devices and driving ranges shall not be applicable to the provisions of this act. L.1998,c.76,s.1.

N.J. Stat. § 39:12-2.2 Provision of list of licensed drivers' schools to school districts.

2. The Director of the Division of Motor Vehicles shall, by January 31st of each year, provide to the Department of Education a list of all drivers' schools licensed by the director pursuant to section 2 of P.L.1951, c.216 (C.39:12-2) and the department shall disseminate the list to all school districts in the State. L.1999,c.270,s.2.

N.J. Stat. § 39:12-3 Grounds for denial of application

The director may deny the application of any person for a license if, in his discretion, he determines that: a. Such applicant has made a material false statement or concealed a material fact in connection with his application; b. Such applicant, any officer, director, stockholder or partner, or any other person directly or indirectly interested in the business, was the former holder of a license under this act, or was an officer, director, stockholder or partner, in a corporation or partnership which held a license under this act and which license was revoked or suspended by the director; c. Such applicant or any officer, director, stockholder, partner, employee, or any other person directly or indirectly interested in the business, has been convicted of a crime; d. Such applicant has failed to furnish satisfactory evidence of good character, reputation and fitness; e. Such applicant does not have a place of business as required by this act; f. Such applicant is not the true owner of the drivers' school; or g. The application is not accompanied by a copy of a standard liability insurance policy in the amount of $10,000.00 for personal injury to, or death of, any 1 person, $20,000.00 for personal injury to, or death of, any number of persons involved in any 1 accident, and $5,000.00 for property damage in any 1 accident, suffered, or caused by reason of the negligence of the applicant or any agent or employee of the applicant, approved as to form and coverage by the director, and issued by a company duly licensed to transact business in this State under the insurance laws of this State. L.1951, c. 216, p. 776, s. 3. Amended by L.1959, c. 44, p. 149, s. 1.

N.J. Stat. § 39:12-4 Rules

The director may make such rules as he deems reasonable for the conduct of drivers' schools. L.1951, c. 216, p. 777, s. 4.

N.J. Stat. § 39:12-4.1 Inspection of premises of licensee; violations, fines.

10. The director shall make or cause to be made a full and complete inspection, at least annually, of the premises of each licensee at reasonable hours as the director may deem necessary to be assured that the licensee and the premises comply at all times with the provisions of this title governing drivers' schools, as well as the rules and regulations and the minimum standards established thereunder. A violation of such rules, regulations and standards sufficient to be considered more than de minimis shall result in a fine for the first violation of no less than $500 or more than $1,500; for a second violation, a fine of no less than $1,500 or more than $2,500; and for a third or subsequent violation, the suspension or revocation by the director of the license of any drivers' school. L.2001,c.420,s.10.

N.J. Stat. § 39:12-5 Instructor's license; motorcycle endorsement; fees.

5. No person shall be employed by any such licensee to give instruction in driving a motor vehicle unless he shall be licensed to act as such instructor by the chief administrator. No person shall be employed by such licensee to instruct a motorcycle safety education course as established pursuant to section 1 of P.L.1991, c.452 (C.27:5F-36) unless he has received from the chief administrator a motorcycle safety education instructor endorsement to his instructor's license. The chief administrator shall issue a motorcycle safety education instructor endorsement to an instructor's license if the person meets the requirements set forth in section 2 of P.L.1991, c.452 (C.27:5F-37). Application for an instructor's license or for a motorcycle safety education instructor endorsement to an instructor's license shall be in writing and shall contain such information as the chief administrator shall require. The initial fee for an instructor's license shall be $75.00 and a fee for an annual renewal thereof shall be $50. No additional fee shall be charged by the chief administrator for a motorcycle safety education instructor endorsement. The license so issued shall be valid for the calendar year within which it is issued, and renewals shall be for succeeding calendar years. For the purposes of this section, each applicant for a license shall submit to the chief administrator the applicant's name, address, fingerprints and written consent for a criminal history record background check to be performed. The chief administrator is hereby authorized to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and federal laws, rules and regulations, for purposes of facilitating determinations concerning licensure eligibility. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check. The Division of State Police shall promptly notify the chief administrator in the event a current holder of a license or prospective applicant, who was the subject of a criminal history record background check pursuant to this section, is arrested for a crime or offense in this State after the date the background check was performed. L.1951,c.216,s.5; amended 1952, c.296, s.1; 1975, c.180, s.22; 1991, c.452, s.8; 1994, c.60, s.30; 2003, c.199, s.24.

N.J. Stat. § 39:12-6 Denial of license, endorsement applications

6. The director may deny the application of any person for an instructor's license or for a motorcycle safety education instructor endorsement to an instructor's license if, in his discretion, he determines that: a. the applicant has made a material false statement or concealed a material fact in connection with his application therefor; b. the applicant has failed to furnish satisfactory evidence of the facts required of him in section five of this act; or c. the applicant for an instructor's license is not of good moral character; that he has not held a license to drive a motor vehicle within the State for the past three consecutive years; that he has not had a driving record satisfactory to the director; that he has been convicted of crime; that he is disqualified for a motorcycle safety education instructor endorsement for any reason set forth in section 2 of P.L.1991, c.452 (C.27:5F-37). L.1951,c.216,s.6; amended 1952,c.296,s.2; 1991,c.452,s.9.

N.J. Stat. § 39:12-7 Suspension or revocation of or refusal to issue renewal of school license, grounds for

The director, or any employee of the Division of Motor Vehicles deputized by him, may suspend or revoke any school license issued under the provisions of this act or refuse to issue a renewal thereof if: a. The licensee has made a material false statement or concealed a material fact in connection with the application for a license or the renewal thereof; b. The licensee or any partner or officer of the licensee has been convicted of a crime; c. The licensee has failed to comply with any of the provisions of this act or any of the rules and regulations of the director establishing instructional standards and procedures; d. The licensee or any partner or officer of such licensee has been guilty of fraud or fraudulent practices in relation to the business conducted under the license, or guilty of inducing another person to resort to fraud or fraudulent practices in relation to securing for himself or another the license to drive a motor vehicle or motorcycle; e. The licensee has knowingly employed, as an instructor, a person who has been convicted of a crime or has retained such a person in such employ after knowledge of his conviction; or f. The licensee has failed to maintain satisfactory insurance to meet damage claims required by section three of this act. L.1951, c. 216, p. 778, s. 7.

N.J. Stat. § 39:12-8 Suspension, revocation, refusal to renew licenses, endorsements

8. The director or any employee of the Division of Motor Vehicles deputized by him may suspend or revoke any instructor's license issued under the provisions of this act or refuse to issue renewal thereof if: a. The licensee has made a material false statement or concealed a material fact in connection with his application for the license or any renewal thereof; b. The licensee has been convicted of a crime; c. The licensee has failed to comply with any of the provisions of this act or any of the rules and regulations of the director establishing instructional standards of procedure; or d. The licensee has been guilty of fraud or fraudulent practices in relation to securing for himself or another a license to drive a motor vehicle or motorcycle. The director or any employee of the Division of Motor Vehicles deputized by him may suspend or revoke a motorcycle safety education instructor endorsement to an instructor's license issued under section 5 of P.L.1951, c.216 (C.39:12-5) or refuse to issue renewal thereof if: a. The licensee has made a material false statement or concealed a material fact in connection with his application for the endorsement or renewal thereof; b. The licensee is disqualified under one of the provisions of section 2 of P.L.1991, c.452 (C.27:5F-37); or c. The licensee has failed to comply with any of the provisions of this act or any of the rules and regulations of the director establishing instructional standards of procedure. L.1951,c.216,s.8; amended 1991,c.452,s.10.

N.J. Stat. § 39:12-9 Renewal no bar to revocation or suspension

9. Notwithstanding the renewal of a license, the director may revoke or suspend such license or endorsement for causes and violations, as prescribed by this act, occurring during any prior license period. L.1951,c.216,s.9; amended 1991,c.452,s.11.

N.J. Stat. § 39:12-10 Hearings, notice, subpoenas

10. Every applicant or licensee shall be entitled to a hearing, before his application for a license, an endorsement or a renewal thereof is refused or his license or endorsement is revoked, and shall be given due notice thereof. The sending of a notice of a hearing by registered mail to the last known address of a licensee or applicant ten days prior to the date of the hearing shall be deemed due notice. The director, or the person deputized by him to conduct a hearing, shall have power to subpoena witnesses, administer oaths to witnesses and take testimony of any person or cause his deposition to be taken. A subpoena issued under the authority of this section shall be served in the same manner as a subpoena issued out of the Superior Court. Witnesses subpoenaed hereunder shall be entitled to the same fees and mileage as are allowed in civil actions in courts of record. L.1951,c.216,s.10; amended 1991,c.452,s.12.

N.J. Stat. § 39:12-11 Records of licensee

Every licensee shall keep such records as the director may by regulation require. The records of the licensee shall be open to the inspection of the director or his representatives at all times during reasonable business hours. L.1951, c. 216, p. 779, s. 11.

N.J. Stat. § 39:12-12 Violations; punishment

A person who violates any of the provisions of this act shall be subject, for a first offense, to a fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) or imprisonment for a term of not less than ten days or more than thirty days, or both, in the discretion of the magistrate. For a subsequent violation, he shall be subject to a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00), or imprisonment for a period of not less than thirty days or more than three months, or both, in the discretion of the magistrate. L.1951, c. 216, p. 779, s. 12.

N.J. Stat. § 39:12-13 Enforcement of act; jurisdiction of municipal courts

The provisions of this act shall be enforced and all penalties for the violation thereof shall be recovered in accordance with the provisions of "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.), and in addition to the provisions and remedies therein contained, the following provisions and remedies shall be applicable in any proceeding brought for a violation of any of the provisions of this act: a. The several municipal courts shall have jurisdiction of such proceeding, in addition to the courts prescribed in said act; b. The complaint in such proceeding may be made on information and belief by any member of the State Police, who hereby is designated for said purpose; c. A warrant may issue in lieu of summons in such proceeding; d. Any member of the State Police shall be empowered to serve and execute process in such proceeding; e. The hearing in such proceeding shall be without a jury; f. Such proceeding may be brought in the name of the Director of the Division of Motor Vehicles in the Department of Law and Public Safety or in the name of the State of New Jersey; g. Any sums received in payment of any fines imposed in such proceeding shall be paid to the Director of the Division of Motor Vehicles and shall be paid by him into the State treasury. L.1951, c. 216, p. 780, s. 13. Amended by L.1983, c. 403, s. 35, eff. Dec. 23, 1983.

N.J. Stat. § 39:12-14 Effective date

This act shall take effect July first, one thousand nine hundred and fifty-one. L.1951, c. 216, p. 781, s. 14.

N.J. Stat. § 39:12-15 Seat belts to be worn at all times; violations; penalties

No person shall give instruction in the operation of a motor vehicle at a drivers' school unless both the instructor and student wear seat belts at all times during a driving lesson, regardless of which person is operating the vehicle. A person who violates this act shall be subject to a fine of $25.00 for the first offense and $50.00 for a subsequent offense. L.1984, c. 51, s. 1, eff. June 14, 1984.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026