N.J.S.A. 39:3-10 — Licensing of drivers.

39:3-10 Licensing of drivers. 39:3-10. a. A person shall not drive a motor vehicle on a public highway in this State unless the person is under supervision while participating in a behind-the-wheel driving course pursuant to section 6 of P.L.1977, c.25 (C.39:3-13.2a) or is in possession of a validated permit, or a probationary or basic driver's license issued to that person in accordance with this article. b. A person under 18 years of age shall not be issued a basic license to drive motor vehicles, and a person shall not be issued a validated permit, including a validated examination permit, until the applicant has passed a satisfactory examination and other requirements as to the applicant's ability as an operator. The examination shall include: a test of the applicant's vision; the applicant's ability to understand traffic control devices; the applicant's knowledge of safe driving practices, including the dangers of driving a vehicle in an aggressive manner, which shall include, but not be limited to, unexpectedly altering the speed of a vehicle, making improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, and following another vehicle too closely; the applicant's knowledge of operating a motor vehicle in a manner that safely shares the roadway with pedestrians, cyclists, skaters, riders of motorized-scooters, and other non-motorized vehicles, which shall include, but not be limited to, a driver's responsibilities when approaching and passing a pedestrian or person operating a bicycle or personal conveyance on the roadway pursuant to P.L.2021, c.194 (C.39:4-92.4) and the penalties for failing to comply with these responsibilities, recognizing bicycle lanes, navigating intersections with pedestrians and cyclists, and exiting a vehicle without endangering pedestrians and cyclists; the applicant's knowledge of the effects that ingestion of alcohol or drugs has on a person's ability to operate a motor vehicle; the applicant's knowledge of the dangers of carbon monoxide poisoning from motor vehicles and techniques for the safe operation and proper maintenance of a motor vehicle; the applicant's knowledge of portions of the mechanism of motor vehicles as is necessary to ensure the safe operation of a vehicle of the kind or kinds indicated by the applicant; and the applicant's knowledge of the laws and ordinary usages of the road. The examination shall be made available in English and each of the three languages, other than English, most commonly spoken in the State, as determined by the chief administrator. The chief administrator shall periodically, and at least every five years, verify the three languages, other than English, most commonly spoken in the State. c. A person shall not sit for an examination for any permit without exhibiting photo identification deemed acceptable by the commission, unless that person is a high school student participating in a course of automobile driving education approved by the State Department of Education and conducted in a public, parochial, or private school of this State, pursuant to section 1 of P.L.1950, c.127 (C.39:3-13.1). Prior to taking an examination for any permit, a person shall watch a video created by the commission, in conjunction with the Attorney General, explaining the rights and responsibilities of a driver stopped by a law enforcement officer. The video shall be used for informational purposes only and shall not be used in any criminal proceeding involving a driver stopped by a law enforcement officer. The commission may waive the written law knowledge examination for any person 18 years of age or older possessing a valid driver's license issued by any other state, the District of Columbia, or the United States Territories of American Samoa, Guam, Northern Mariana Islands, Puerto Rico, or the Virgin Islands. The commission shall be required to provide that person with a booklet that highlights those motor vehicle laws unique to New Jersey. A road test shall be required for a probationary license and serve as a demonstration of the applicant's ability to operate a vehicle of the class designated. During the road test, an applicant may use a rear visibility system, parking sensors, or other technology installed on the motor vehicle that enables the applicant to view areas directly behind the vehicle or alerts the applicant of obstacles while parking. d. A person shall not sit for a road test unless that person exhibits photo identification deemed acceptable by the commission. A high school student who has completed a course of behind-the-wheel automobile driving education approved by the State Department of Education and conducted in a public, parochial, or private school of this State, who has been issued a special learner's permit pursuant to section 1 of P.L.1950, c.127 (C.39:3-13.1) prior to January 1, 2003, shall not be required to exhibit photo identification in order to sit for a road test. The commission may waive the road test for any person 18 years of age or older possessing a valid driver's license issued by any other state, the District of Columbia, or the United States Territories of American Samoa, Guam, Northern Mariana Islands, Puerto Rico, or the Virgin Islands. The road test shall be given on public streets, where practicable and feasible, but may be preceded by an off-street screening process to assess basic skills. The commission shall approve locations for the road test which pose no more than a minimal risk of injury to the applicant, the examiner, and other motorists. New locations for the road test shall not be approved unless the test can be given on public streets. e. A person who successfully completes a road test for a motorcycle license or a motorcycle endorsement when operating a motorcycle or motorized scooter with an engine displacement of less than 231 cubic centimeters shall be issued a motorcycle license or endorsement restricting the person's operation of the vehicles to any motorcycle with an engine displacement of 500 cubic centimeters or less. A person who successfully completes a road test for a motorcycle license or motorcycle endorsement when operating a motorcycle with an engine displacement of 231 or more cubic centimeters shall be issued a motorcycle license or endorsement without any restriction as to engine displacement. Any person who successfully completes an approved motorcycle safety education course established pursuant to the provisions of section 1 of P.L.1991, c.452 (C.27:5F-36) shall be issued a motorcycle license or endorsement without restriction as to engine displacement. f. A person issued a motorcycle license pursuant to this section may be issued a standard motorcycle license or a REAL ID motorcycle license. The chief administrator shall require an applicant for a standard motorcycle 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 motorcycle 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 the person to submit satisfactory proof of identity and age, the commission shall require the person to provide: (1) as a condition for obtaining a standard motorcycle license, proof of the person's social security number and one document providing satisfactory proof that the person is a New Jersey resident. If the person does not have a social security number, the person 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 motorcycle license: two documents providing satisfactory proof that the person is a New Jersey resident; proof of the person'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 person's presence in the United States is authorized under federal law. A standard motorcycle 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. g. The commission shall issue a standard basic driver's license or a REAL ID basic driver's license to operate a motor vehicle other than a motorcycle to a person over 18 years of age who previously has not been licensed to drive a motor vehicle in this State or another jurisdiction only if that person has: (1) operated a passenger automobile in compliance with the requirements of this Title for not less than one year, not including any period of suspension or postponement, from the date of issuance of a probationary license pursuant to section 4 of P.L.1950, c.127 (C.39:3-13.4); (2) not been assessed more than two motor vehicle points; (3) not been convicted in the previous year for 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-related violation the commission determines to be significant and applicable pursuant to regulation; and (4) passed an examination of the applicant's ability to operate a motor vehicle pursuant to this section. h. The commission shall expand the driver's license examination by 20 percent. The additional questions to be added shall consist solely of questions developed in conjunction with the Department of Health concerning the use of alcohol or drugs as related to highway safety. The commission shall develop, in conjunction with the Department of Health, supplements to the driver's manual which shall include information necessary to answer any question on the driver's license examination concerning alcohol or drugs as related to highway safety. Up to 20 questions may be added to the examination on subjects to be determined by the commission that are of particular relevance to youthful drivers, including the importance of operating a motor vehicle in a manner that safely shares the roadway with pedestrians, cyclists, skaters, riders of motorized-scooters, and other non-motorized vehicles, which shall include, but not be limited to, a driver's responsibilities when approaching and passing a pedestrian or person operating a bicycle or personal conveyance on the roadway pursuant to P.L.2021, c.194 (C.39:4-92.4) and the penalties for failing to comply with these responsibilities, recognizing bicycle lanes, navigating intersections with pedestrians and cyclists, and exiting a vehicle without endangering pedestrians and cyclists, and the dangers of driving a vehicle in an aggressive manner, which shall include, but not be limited to, unexpectedly altering the speed of a vehicle, making improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, and following another vehicle too closely, after consultation with the Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety. The commission shall expand the driver's license examination to include a question asking whether the applicant is aware of the provisions of the "Revised Uniform Anatomical Gift Act," P.L.2008, c.50 (C.26:6-77 et al.) and the procedure for indicating on the driver's license the intention to make a donation of body organs or tissues pursuant to section 1 of P.L.1978, c.181 (C.39:3-12.2). The commission shall expand the driver's license examination to include a question asking whether the applicant is aware of the dangers of failing to comply with this State's motor vehicle traffic laws and the "STOP for Nikhil Safety Pledge" set forth in subsection e. of R.S.39:3-41. The commission shall expand the driver's license examination to include questions concerning the dangers of carbon monoxide poisoning from motor vehicles and techniques for the safe operation and proper maintenance of a motor vehicle. i. Any person applying for a driver's license to operate a motor vehicle or motorized bicycle in this State shall surrender to the commission any current driver's license issued to the applicant by another state or jurisdiction upon the applicant's receipt of a driver's license for this State. The commission shall refuse to issue a driver's license if the applicant fails to comply with this provision. An applicant for a permit or license who is under 18 years of age, and who holds a permit or license for a passenger automobile issued by another state or country that is valid or has expired within a time period designated by the commission, shall be subject to the permit and license requirements and penalties applicable to State permit and license applicants who are of the same age, except that if the other state or country has permit or license standards substantially similar to those of this State, the credentials of the other state or country shall be acceptable. j. (1) The commission shall create classified licensing of drivers covering the following classifications: (a) Motorcycles, except that for the purposes of this section, motorcycle shall not include any three-wheeled motor vehicle equipped with a single cab with glazing enclosing the occupant, seats similar to those of a passenger vehicle or truck, seat belts, and automotive steering or any vehicle defined as a motorcycle pursuant to R.S.39:1-1 having a motor with a maximum piston displacement that is less than 50 cubic centimeters or a motor that is rated at no more than 1.5 brake horsepower with a maximum speed of no more than 35 miles per hour on a flat surface. (b) Omnibuses as classified by R.S.39:3-10.1 and school buses classified under N.J.S.18A:39-1 et seq. (c) (Deleted by amendment, P.L.1999, c.28) (d) All motor vehicles not included in classifications (a) and (b). A license issued pursuant to this classification d. shall be referred to as the "basic driver's license" and may be issued as a standard basic driver's license or a REAL ID basic driver's license. (2) Every applicant for a license under classification b. shall be a holder of a basic driver's license. Any issuance of a license under classification b. shall be by endorsement on the person's basic driver's license. (3) A driver's license for motorcycles may be issued separately, but if issued to the holder of a basic driver's license, it shall be by endorsement on the person's basic driver's license. The holder of a basic driver's license or a separately issued motorcycle license shall be authorized to operate a motorcycle having a motor with a maximum piston displacement that is less than 50 cubic centimeters or a motor that is rated at no more than 1.5 brake horsepower with a maximum speed no more than 35 miles per hour on a flat surface. k. The commission, upon payment of the lawful fee and after it or a person authorized by it has examined the applicant and is satisfied of the applicant's ability as an operator, may, in its discretion, issue a license to the applicant to drive a motor vehicle. The license shall authorize the person to drive any registered vehicle, of the kind or kinds indicated. l. The license shall expire, except as otherwise provided, during the fourth calendar year following the date in which the license was issued and on the same calendar day as the person's date of birth. If the person's date of birth does not correspond to a calendar day of the fourth calendar year, the license shall expire on the last day of the person's birth month. The commission may, at its discretion and for good cause shown, issue licenses that expire on a date fixed by it. If the commission issues a REAL ID basic driver's license or REAL ID motorcycle license to a person who has demonstrated authorization to be present in the United States for a period of time shorter than the standard period of the license, the commission shall fix the expiration date of the license at a date based on the period in which the person is authorized to be present in the United States under federal immigration laws. The commission may renew the person's REAL ID basic driver's license or REAL ID motorcycle license only if it is demonstrated that the person's continued presence in the United States is authorized under federal law. The fee for licenses with expiration dates fixed by the commission shall be fixed by the commission in amounts proportionately less or greater than the fee herein established. m. The required fee for a license for the license period shall be as follows, subject to adjustment pursuant to section 16 of P.L.2007, c.335 (C.39:2A-36.1): Standard motorcycle license or endorsement: $18. REAL ID motorcycle license: $29. Omnibus or school bus endorsement: $18. Standard basic driver's license: $18. REAL ID basic driver's license: $29. The commission shall waive the payment of fees for issuance of omnibus endorsements whenever an applicant establishes to the commission's satisfaction that the applicant will use the omnibus endorsement exclusively for operating omnibuses owned by a nonprofit organization duly incorporated under Title 15 or 16 of the Revised Statutes or Title 15A of the New Jersey Statutes. n. The commission shall issue licenses for the following license period on and after the first day of the calendar month immediately preceding the commencement of the period, the licenses to be effective immediately. o. All applications for renewals of licenses shall be made in a manner prescribed by the commission and in accordance with procedures established by it. p. The commission in its discretion may refuse to grant a permit or license to drive motor vehicles to a person who is, in its estimation, not a proper person to be granted a permit or license, but a defect of the applicant shall not debar the applicant from receiving a permit or license unless it can be shown by tests approved by the commission that the defect incapacitates the applicant from safely operating a motor vehicle. q. A person issued a basic driver's license pursuant to this section may be issued a standard basic driver's license or a REAL ID basic driver's license. The chief administrator shall require an applicant for a standard basic driver's 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 basic driver's 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. r. In addition to requiring an applicant for a driver's license to submit satisfactory proof of identity and age, the commission also shall require the applicant to provide: (1) as a condition for obtaining a permit and standard basic driver's license, proof of the person's social security number and one document providing satisfactory proof that the applicant is a New Jersey resident. If the person does not have a social security number, the person 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 basic driver's 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. s. A standard basic driver's 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. t. If the commission has reasonable cause to suspect that any document presented by an applicant pursuant to this section is altered, false, or otherwise invalid, the commission shall refuse to grant the permit or license until the time when the document may be verified by the issuing agency to the commission's satisfaction. u. 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. The penalties provided for by this paragraph shall not be applicable in cases where failure to have actual possession of the operator's license is due to an administrative or technical error by the commission. v. Nothing in this section shall be construed to alter or extend the expiration of any license issued prior to the date this amendatory and supplementary act becomes operative. w. Any documents and personal information, including an applicant's photograph, obtained by the commission from an applicant for a standard basic driver's license or standard motorcycle 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 basic driver's license or standard motorcycle 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 Taxpayer Identification Number, social security number, or ineligibility to receive a social security number obtained by the commission for the issuance of a standard motorcycle license or standard basic driver's 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). x. As used in this section: "Parking sensors" means proximity sensors which use either electromagnetic or ultrasonic technology and are designed to alert the driver to obstacles while parking. "Rear visibility system" means devices or components installed on a motor vehicle at the time of manufacture that allow a forward facing driver to view a visual image of the area directly behind the vehicle. Amended 1938, c.66, s.6; 1953, c.72; 1955, c.8, s.5; 1955, c.76, s.1; 1957, c.108; 1964, c.118; 1968, c.130, s.2; 1977, c.25, s.1; 1979, c.97, s.1; 1979, c.261, s.5; 1980, c.105, s.7; 1981, c.322, s.2; 1982, c.45, s.1; 1983, c.162; 1983, c.163; 1983, c.403, s.7; 1984, c.33, s.2; 1985, c.264, s.2; 1987, c.20, s.1; 1988, c.8, s.2; 1991, c.452, s.7; 1992, c.110, s.1; 1993, c.34, s.1; 1998, c.108, s.1; 1999, c.28, s.2 (Title of 1999, c.28 amended 2001, c.391, s.1); 2001, c.391, s.2; 2001, c.420, s.3; 2003, c.13, s.37; 2008, c.50, s.24; 2009, c.38, s.1; 2011, c.13, s.1; 2015, c.36, s.1; 2015, c.78, s.1; 2016, c.41; 2016, c.81, s.2; 2017, c.91, s.1; 2017, c.165, s.10; 2017, c.374, s.1; 2019, c.271, s.8; 2020, c.148; 2021, c.139, s.4; 2025, c.103, s.1. 39:3-10a Fee for restoration of suspended or revoked licenses, vehicle registrations. 23. The chief administrator shall charge a fee of $100 for the restoration of any license which has been suspended or revoked by reason of the licensee's violation of any law or regulation and for the restoration of vehicle registrations that have been suspended pursuant to any law. The chief administrator may promulgate such regulations hereunder as he may deem necessary. L.1975, c.180, s.23; amended 1982, c.53, s.1; 1994, c.60, s.14; 2002, c.34, s.14; 2007, c.283, s.2. 39:3-10b Applications for motorcycle license. 1. An applicant for a motorcycle license, but not for a motorcycle endorsement to a basic license, who previously has never been licensed to drive a motor vehicle in this, or any other state, shall, during the permit period, be subject to the applicable restrictions and penalties for examination permit holders as provided under R.S.39:3-13. Until the provisions of P.L.1998, c.108, as amended by P.L.2001, c.420, are fully implemented, all holders of permits issued pursuant to R.S.39:3-13 and section 6 of P.L.1977, c.25 (C.39:3-13.2a) shall be subject to a probationary driver program for the two-year period immediately following the issuance of the permits. This two-year period shall not be altered if the permit holder obtains a probationary driver's license pursuant to section 4 of P.L.1950, c.127 (C.39:3-13.4). All holders of permits issued on or after the date of full implementation of P.L.1998, c.108, as amended by P.L.2001, c.420, shall not be subject to this section. L.1977, c.23, s.1; amended 1998, c.108, s.2; 2001, c.420, s.4; 2009, c.38, s.2. 39:3-10c. Vision screening The division shall require every licensed driver to take and successfully pass a screening of his vision at least once every 10 years as a condition for the renewal of his driver's license and of any endorsement thereon. The vision screening may be certified by the division or by any licensed optometrist or ophthalmologist, licensed ophthalmic dispenser or by any person licensed to practice medicine and surgery. If the screening shows a need for corrective eyeglasses or any other corrective action, the renewal of the applicant's license shall be conditioned upon his compliance with such need. The division may require a road test of any applicant to determine the adequacy of, or the applicant's adaptation to the required corrective action. The division shall, by regulation, prescribe minimum standards with respect to the equipment to be used for screenings. L. 1977, c. 28, s. 1; amended 1979,c.446; 1989,c.15,s.1. 39:3-10d. Implementation of vision reexamination To implement the reexamination program provided for by this act and to establish it on a current basis, the division shall reexamine approximately 10% of all of the State's licensed drivers in each year during the first 10 years following the date this act becomes operative. Once reexamined during said 10-year period, no licensed driver shall be again reexamined pursuant to the provisions of this act sooner than 10 years thereafter. L.1977, c. 28, s. 2, eff. Feb. 24, 1977. 39:3-10e. Involvement in two or more accidents within 6 months with assessment of points; reexamination The holder of any motor vehicle driver's license who is involved, within any 6-month period, in two or more motor vehicle accidents resulting in death or in personal injury or damage to property of any one person in excess of $500.00 required to be reported to police pursuant to R.S. 39:4-130, and against whom there has been assessed motor vehicle points for each such accident, shall on notice to be given by the Division of Motor Vehicles, be required to submit to reexamination and successful passage of an examination of his ability as an operator and a test of his vision, by the division or by any licensed optometrist or ophthalmologist. Failure to pass the examination or test required by this act shall be justification for the revocation and refusal to renew the holder's driver's license. L.1979, c. 136, s. 1, eff. July 6, 1979. Amended by L.1983, c. 193, s. 2, eff. May 24, 1983. 39:3-10f Licenses, initial, renewal, photograph; fees. 1. In addition to the requirements for the form and content of a motor vehicle driver's license under R.S.39:3-10 and a probationary license issued under section 4 of P.L.1950, c.127 (C.39:3-13.4), on and after the operative date of P.L.2001, c.391 (C.39:3-10f4 et al.), each initial New Jersey license, each renewal of a New Jersey driver's license, and each probationary license shall have a digitized photograph of the licensee. All licenses issued on and after January 1, 2000 shall be valid for a period of 48 calendar months. However, the chief administrator may, at the chief administrator's discretion, issue licenses and endorsements that shall expire on a date fixed by the chief administrator. The fee for those licenses or endorsements shall be fixed in amounts proportionately less or greater than the fee otherwise established. Notwithstanding the provisions of this section to the contrary, a person 70 years of age or older may elect to have a license issued for a period of two or four years, which election shall not be altered by the chief administrator. The fee for the two-year standard license shall be $9, in addition to the fee for a digitized photograph established in section 4 of P.L.2001, c.391 (C.39:3-10f4). The fee for a two-year REAL ID license shall be $14.50, in addition to the fee for a digitized photograph established in section 4 of P.L.2001, c.391 (C.39:3-10f4). The chief administrator may, for good cause, extend a license and any endorsement thereon beyond their expiration dates for periods not to exceed 12 additional months. The chief administrator may extend the expiration date of a license and any endorsement thereon without payment of a proportionate fee when the chief administrator determines that the extension is necessary for good cause. If any license and endorsements thereon are so extended, the licensee shall pay upon renewal the full license fee for the period fixed by the chief administrator as if no extension had been granted. Each initial driver's license issued to a person under the age of 21 after the effective date of P.L.1999, c.28 (C.39:3-10f1 et al.) shall be conspicuously distinct, through the use of color and design, from the driver's licenses issued to persons 21 years of age or older. The chief administrator, in consultation with the Superintendent of State Police, shall determine the color and the manner in which the license is designed to achieve this result. The license shall bear the words "UNDER 21" in a conspicuous manner. The chief administrator shall provide that, upon attaining the age of 21, a licensee shall be issued a replacement driver's license or a new license, as appropriate. The fee for a replacement license shall be $5 in addition to the digitized photograph fee. As a condition for the renewal of a driver's license, the chief administrator shall provide that the photograph of a licensee be updated, except that the chief administrator may elect to use a stored photograph for two consecutive four-year renewal periods for $18 for a standard license per renewal and $29 for a REAL ID license per renewal, in addition to the digitized photograph fee. The chief administrator shall not use a stored photograph for more than 12 years except as otherwise provided in this section. The holder of a standard basic driver's license who is 65 years of age or older shall not be required to update the person's driver's license photograph upon renewal and shall be eligible to use a stored photograph for each standard driver's license renewal. In addition to any other extension, the chief administrator shall allow a person to use a stored photograph to renew a license for a period not exceeding one year if the person presents documentation by a licensed physician that the person is undergoing medical treatment for an illness and the treatment results in temporary changes to the person's physical characteristics. The fee for this extension shall be $18 for a standard license and $29 for a REAL ID license and the person shall not be required to pay the digitized photograph fee pursuant to section 4 of P.L.2001, c.391 (C.39:3-10f4). Whenever a person has reconstructive or cosmetic surgery which significantly alters the person's facial features, the person shall notify the chief administrator who may require the photograph of the licensee to be updated for $5 in addition to the digitized photograph fee. Nothing in this section shall be construed to alter or change any expiration date on any New Jersey driver's license issued prior to the operative date of P.L.2001, c.391 (C.39:3-10f4 et al.) and, unless a licensee's driving privileges are otherwise suspended or revoked, except as provided in R.S.39:3-10, that license shall remain valid until that expiration date. Specific use of the driver's license and any information stored or encoded, electronically or otherwise, in relation thereto shall be in accordance with P.L.1997, c.188 (C.39:2-3.3 et seq.) and the federal "Driver's Privacy Protection Act of 1994," Pub.L.103-322. Notwithstanding the provisions of any other law to the contrary, the digitized photograph or any access thereto or any use thereof shall not be sold, leased, or exchanged for value. L.1979, c.261, s.1; amended 1981, c.322, s.1; 1985, c.264, s.1; 1990, c.103, s.26; 1999, c.28, s.3; 2001, c.391, s.3; 2003, c.204, s.1; 2009, c.38, s.3; 2015, c.306; 2019, c.271, s.10; 2020, c.77, s.1. 39:3-10f1 Construction of act concerning local law enforcement costs. 15. Nothing in this act shall be construed as requiring any county or municipal law enforcement agency to acquire or use any electronic reader or other device in order to verify the authenticity of a driver's license issued pursuant to the provisions of this act, unless the cost of acquiring and using such devices is paid for by the State of New Jersey. L.1999,c.28,s.15. 39:3-10f2 Release, disclosure of licensee's picture prohibited; exceptions. 16. Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) or any other law to the contrary, a licensee's picture shall not be released or otherwise disclosed by the director, except, subject to the approval of the director, for use by a governmental agency, including any court or law enforcement agency in carrying out its functions, or, subject to the approval of the director, for use by any private person or entity acting on behalf of a federal, State or local agency in carrying out its functions. L.1999,c.28,s.16. 39:3-10f3 Rules, regulations. 17. The Director of the Division of Motor Vehicles, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may promulgate rules and regulations to effectuate the purposes of this act. L.1999,c.28,s.17. 39:3-10f4 Fee for digitized photograph. 4. The fee for a digitized photograph shall be $6 for each license, renewal, or duplicate thereof, and shall be in addition to the fee presently authorized for the issuance of a driver's license pursuant to R.S.39:3-10. L.2001, c.391, s.4; amended 2019, c.271, s.11. 39:3-10f5 Use of revenues from fees. 15. a. Revenues from the fees collected for the digitized picture provided for in this act shall be revenues of the commission upon enactment of P.L.2003, c.13 (C.39:2A-1 et al.) and used for the purposes of the commission. b. (Deleted by amendment, P.L.2003, c.13). c. Any revenue credited to the fund shall remain in the fund exclusively for the purposes of the commission. L.2001,c.391,s.15; amended 2003, c.13, s.38. 39:3-10f6 Display of veteran, Gold Star Family status on driver's licenses, identification cards. 1. a. (1) In addition to the requirements for the form and content of a motor vehicle driver's license under R.S.39:3-10 and a probationary license issued under section 4 of P.L.1950, c.127 (C.39:3-13.4), the Chief Administrator of the New Jersey Motor Vehicle Commission shall, upon submission of satisfactory proof, designate on an initial license, renewal license, or probationary license, as appropriate, that the license holder is a veteran of the Armed Forces of the United States of America or the New Jersey National Guard. The designation of veteran status on an initial license, renewal license, or probationary license shall not be deemed sufficient valid proof of veteran status for official governmental purposes when any other statute, or any regulation or other directive of a governmental entity, requires documentation of veteran status. (2) In addition to the requirements for the form and content of a motor vehicle driver's license under R.S.39:3-10 and a probationary license issued under section 4 of P.L.1950, c.127 (C.39:3-13.4), the Chief Administrator of the New Jersey Motor Vehicle Commission shall, upon submission of satisfactory proof, designate on an initial license, renewal license, or probationary license, as appropriate, that the license holder is a Gold Star Family member. The commission shall provide to the Department of Military and Veterans' Affairs personal identifying information of any person issued a driver's license with a Gold Star Family designation pursuant to this section. b. For the purpose of this section: "Gold Star Family member" means a spouse, domestic partner, partner in a civil union, parent, brother, sister, child, legal guardian, or other legal custodian, whether of the whole or half blood or by adoption, of a member of the Armed Forces of the United States or National Guard, who lost his or her life while on active duty for the United States. "Veteran" means any resident of the State now or hereafter who has been discharged honorably or under general honorable conditions in any branch of the Armed Forces of the United States, or a Reserve component thereof, or the National Guard of this State or another state as defined in section 1 of P.L.1963, c.109 (C.38A:1-1). "Satisfactory proof" means, in the case of a veteran, the applicant's DD-214, DD-215, or DD-256 form as issued by the federal government, NGB-22 or other approved separation forms as outlined by all branches of the Armed Forces, or federal activation orders showing service under Title 10, section 672 or section 12301, of the United States Code, or a county-issued veteran identification card pursuant to P.L.2012, c.30 (C.40A:9-78.1 et seq.), or a veteran identification card as issued by the United States Department of Veterans Affairs under the "Veterans Identification Card Act of 2015" (38 U.S.C. s.5706). In the case of a Gold Star Family member, satisfactory proof includes any or all of the following: (1) a certification from the Department of New Jersey of American Gold Star Mothers, Inc., or any other organization formed for the support of family members of members of the Armed Forces of the United States or National Guard, who lost their lives while on active duty for the United States, that the applicant is either the spouse, domestic partner, partner in a civil union, parent, brother, sister, child, legal guardian, or other legal custodian, whether of the whole or half blood or by adoption, of a member of the armed forces or National Guard who died while on active duty for the United States; or (2) (a) documentation deemed acceptable by the Adjutant General, including, but not limited to, an NGB-22, a federal DD Form 1300, Report of Casualty, or a federal DD Form 2064, Certificate of Death Overseas, which identifies the member of the Armed Forces of the United States or National Guard who died while on active duty for the United States; and (b) documentation indicating the applicant's relationship to the service member. L.2013, c.165, s.1; amended 2015, c.97, s.1; 2017, c.175, s.5; 2019, c.255, s.1; 2019, c.500, s.4. 39:3-10f7 Waiver of fee for replacement driver's license for organ, tissue donor. 1. a. Notwithstanding any law, rule, or regulation to the contrary, the New Jersey Motor Vehicle Commission shall not impose a fee for a replacement driver's license or the digitized picture fee if the replacement driver's license is requested solely for the purpose of designating that the person shall donate all or any organs or tissues for the purposes of transplantation or therapy pursuant to section 1 of P.L.1978, c.181 (C.39:3-12.2). b. In order to receive a replacement driver's license, pursuant to subsection a. of this section, a person shall first surrender the person's current driver's license to the commission. L.2017, c.108, s.1. 39:3-10f8 Driver's license, non-driver identification card, indicate, autism disorder, communication disorder, allowed, upon request. 1. a. The Chief Administrator of the New Jersey Motor Vehicle Commission shall allow the holder of a driver's license or non-driver identification card to indicate that the person has been diagnosed with an autism spectrum disorder or communication disorder. b. Upon request by any person who has been diagnosed with an autism spectrum disorder or communication disorder, or by the parent, guardian, or caregiver of the person, and upon submission of any documentation required pursuant to subsection c. of this section, the chief administrator shall indicate the autism spectrum disorder or communication disorder diagnosis by notating such information on the person's driver's license or non-driver identification card under the column designated for restrictions. c. The chief administrator shall, in consultation with the Commissioner of Human Services, establish the documentation required to be produced by a person who has been diagnosed with an autism spectrum disorder or communication disorder, or by the parent, guardian, or caregiver of the person, in order to receive a driver's license or non-driver identification card with the notation authorized pursuant to subsection b. of this section. d. The Commissioner of Human Services and the Attorney General, in consultation with the Superintendent of the Division of State Police within the Department of Law and Public Safety and at least one organization that advocates on behalf of persons who have been diagnosed with an autism spectrum disorder or communication disorder, shall jointly develop guidance to assist law enforcement officers in effectively communicating with a person who has been diagnosed with an autism spectrum disorder or communication disorder. The Attorney General shall ensure that a copy of the written guidance, and any other related materials developed to facilitate compliance with the guidance, is distributed to each police department in the State. L.2023, c.57. 39:3-10h Process to prevent forgery, alteration. 3. The director shall provide for the use of a process or processes in the issuance of licenses with digitized color pictures that prevent, to the extent possible, the alteration, delamination, duplication, counterfeiting, photographing, forging or other modification of the license and prevent the superimposition of a digitized color picture other than the authorized original on such license. The director shall provide that material used for, and the manufacturing process, of, the license shall prevent, to the greatest extent possible, any alteration, delamination, duplication, counterfeiting, photographing, forging or other modification of the license. A license that consists of a composite material that does not use lamination and offers at least the same level of security as that required by the director for noncomposite material may fulfill the requirements of this section. The director may provide for the electronic storage of the licensee's motor vehicle information, including the licensee's digitized picture and digitized signature, in a bar code, magnetic stripe or database. In addition, the director shall provide that the license include features to ensure the security and integrity of the license. Any information encoded in a bar code or magnetic stripe on the license shall be limited to the following: name, address, municipality of residence, state, zip code of residence, date of birth, under 21 until xx/xx/xx (date of licensee's 21st birthday), gender, color of eyes, height, driver's license number, date of issuance, expiration date, document type, class, endorsements and restrictions, organ donor status, identification of issuer, license fee, transaction number, and the licensee's digitized picture and digitized signature. Any information encoded in a bar code or magnetic stripe on the license shall be displayed on the driver's license, which may be done in abbreviated form. L.1979,c.261,s.3; amended 1999, c.28, s.4; 2001, c.391, s.5. 39:3-10j Findings, declaration concerning commercial driver's licenses. 1. The Legislature finds that: a. On September 20, 1988, the Secretary of the United States Department of Transportation granted the states of this nation the authority to exempt certain drivers from the licensing provisions of the "Commercial Motor Vehicle Safety Act of 1986," Pub.L.99-570 (49 U.S.C. s.2701 et seq.). b. The "Commercial Motor Vehicle Safety Act of 1986" requires a commercial driver's license for anyone who operates a vehicle that has a gross weight rating in excess of 26,000 pounds, carries 15 or more passengers or transports hazardous materials. c. While that act's objectives to regulate and improve the traffic safety of the commercial trucking industry are laudable, it could have an unintended, and largely adverse, impact upon certain non-commercial drivers. d. Unless the State of New Jersey, in accordance with the Secretary of the United States Department of Transportation's directive, exercises its exemption authority, certain operators of firefighting apparatus, operators of emergency or rescue equipment operated for the purposes of a first aid, ambulance or rescue squad or for disaster control, non-civilian operators of military vehicles owned or operated by the United States Department of Defense or the National Guard, and farmers operating farm vehicles will be obligated to secure commercial driver's licenses under that act. e. There appears to be no significant evidence that the operators of firefighting apparatus, operators of emergency or rescue equipment operated for the purposes of a first aid, ambulance or rescue squad or for disaster control, non-civilian operators of military vehicles owned or operated by the United States Department of Defense or the National Guard, or farmers operating farm vehicles in and about their regular agricultural activities pose or have created any safety hazards on the public highways which would warrant their being licensed under the provisions of the "Commercial Motor Vehicle Safety Act of 1986." The Legislature, therefore, declares that it is altogether fitting and proper to authorize, in accordance with the directives issued by the Secretary of the United States Department of Transportation, that the designated operators of firefighting apparatus, operators of emergency or rescue equipment operated for the purposes of a first aid, ambulance or rescue squad or for disaster control, non-civilian operators of military vehicles owned and operated by the United States Department of Defense or the National Guard, and operators of farm vehicles under certain circumstances be exempted from the licensing requirements set forth in the "Commercial Motor Vehicle Safety Act of 1986." L.1989,c.164,s.1; amended 1990, c.103, s.36; 1991, c.11, s.1; 1991, c.126, s.1; 1997, c.269, s.1. 39:3-10k Exemption for operators of certain emergency, other equipment or vehicles. 2. Unless otherwise required by federal law or regulation, and subject to any rules and regulations promulgated pursuant to the provisions of this act, no (1) designated operator of firefighting apparatus, (2) non-civilian operator of a military vehicle owned or operated by the United States Department of Defense or the National Guard, (3) operator of a farm vehicle controlled and operated by a farmer, used to transport agricultural products, farm machinery or farm supplies to or from a farm, operated within 150 miles of a person's farm, and not used in the operation of a common or contract motor carrier, or (4) operator of emergency or rescue equipment operated for the purposes of a first aid, ambulance or rescue squad or for disaster control, shall be subject to the licensing provisions of the "Commercial Motor Vehicle Safety Act of 1986," Pub.L.99-570 (49 U.S.C. s.2701 et seq.). Notwithstanding the provisions of this section, a waiver shall not be granted if the granting of the waiver would place the State in a position of not being in substantial compliance with the requirements of the federal act. L.1989,c.164,s.2; amended 1990, c.103, s.37; 1991, c.11, s.2; 1991, c.126, s.2; 1997, c.269, s.2. 39:3-10K1 Office of Emergency Management members, certain, exemption from federal commercial driver's licensing requirements. 1. a. A member of the State Office of Emergency Management or a county or municipal Office of Emergency Management shall not be subject to the requirements of the commercial licensing provisions of the federal "Commercial Motor Vehicle Safety Act," 49 U.S.C. s.31301 et seq., when operating any commercial motor vehicle or any emergency, rescue, or other motorized apparatus or equipment provided that: (1) the operation of the vehicle, apparatus, or equipment is necessary to the preservation of life or property or the execution of emergency governmental functions; (2) the vehicle, apparatus, or equipment operated is equipped with audible and visual signals and is not subject to normal traffic regulations; and (3) the operation of the vehicle, apparatus, or equipment meets any other requirement set forth in 49 C.F.R. 383.3 (d)(2) or any other federal law, rule, or regulation establishing an exemption from the licensing provisions of the federal "Commercial Motor Vehicle Safety Act," 49 U.S.C. s.31301 et seq. b. Notwithstanding the provisions of this section, an exemption shall not be granted if, to do so, the State would no longer be in a position of substantial compliance with the requirements of the federal "Commercial Motor Vehicle Safety Act," 49 U.S.C.s.31301 et seq. c. The Chief Administrator of the New Jersey Motor Vehicle Commission may adopt any rules and regulations which may be necessary to effectuate the purposes of this act. L.2013, c.11, s.1. 39:3-10l. Rules, regulations The Director of the Division of Motor Vehicles in the Department of Law and Public Safety, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations, which are in accordance with the directive issued by the Secretary of the United States Department of Transportation on September 20, 1988, to effectuate the purposes of this act. L.1989,c.164,s.3. 39:3-10m Applicants for license, other documents; voter registration. 23. Notwithstanding any law, rule, or regulation to the contrary, each applicant, who meets all requirements for eligibility to vote, for a State motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card application, including any application for a renewal or update thereof, except as provided in paragraph (1) of subsection b. of section 24 of P.L.1994, c.182 (C.39:2-3.2), submitted to an agent of the New Jersey Motor Vehicle Commission, shall be offered an opportunity to decline the automatic voter registration as provided pursuant to section 24 of P.L.1994, c.182 (C.39:2-3.2). L.1994, c.182, s.23; amended 2018, c.6, s.2; 2025, c.204, s.7. 39:3-10n Issuance of temporary driver's license. 5. Notwithstanding the provisions of any law to the contrary, the chief administrator may, at the chief administrator's discretion, issue a temporary driver's license that is valid without a digitized color picture of the licensee to New Jersey licensees who are serving in the military outside the State or who temporarily are residents of another state or foreign country. The form and content of a temporary license issued under this section shall be prescribed by the chief administrator; shall bear the words "TEMPORARY LICENSE" in a conspicuous manner; and shall be valid for a period not to exceed 12 calendar months. If the temporary licensee is under the age of 21 years, the temporary license shall bear the words "UNDER 21" in a conspicuous manner. An applicant for a temporary driver's license shall submit such satisfactory proof of identity and age as the chief administrator shall require. L.2003,c.204,s.5. 39:3-10o Findings, declarations relative to issuance of standard basic driver's license, non-driver identification card. 3. The Legislature finds and declares that: a. It is the responsibility of the State to ensure that all New Jersey residents that are of driving age are properly trained, tested, and insured in order to make public roads safer. b. The State could improve roadway safety and automobile insurance coverage by making driver's licenses and permits available to any safe driver who meets all of the requirements relating to the driver's ability to safely operate a motor vehicle, and who provides proof of identity, qualifying age, and New Jersey residency. c. Fourteen states, the District of Columbia, and Puerto Rico now allow individuals to drive if the individual is a qualified driver and provides proof that establishes age, identity, and state residency. d. The measures in P.L.2019, c.271 (C.39:3-10o et al.) will protect the standard basic driver license and non-driver identification card as a valid and respected form of identification by requiring multiple documents, as deemed acceptable by the commission, in order to obtain the standard basic driver's license or non-driver identification card. e. It is therefore the intent of the Legislature to support road safety and privacy protections by making driver's licenses available to any safe driver who meets all requirements relating to the driver's ability to operate a motor vehicle, pursuant to R.S.39:3-10, and who provides proof of identity, qualifying age, and residency pursuant to the provisions of State law. L.2019, c.271, s.3. 39:3-10p Discrimination prohibited. 22. a. A person or entity shall not discriminate against any person based upon the fact that the person applied for, was issued, holds, or presents a standard basic driver's license, standard motorcycle license, standard permit, standard probationary license, or standard identification card. The holder of a standard basic driver's license or standard motorcycle license issued pursuant to R.S.39:3-10, standard probationary license issued pursuant to section 4 of P.L.1950, c.127 (C.39:3-13.4), and standard identification card issued pursuant to section 2 of P.L.1980, c.47 (C.39:3-29.3), shall have the opportunity to obtain employment and to obtain all the accommodations, advantages, facilities, and privileges of any place of public accommodation, publicly assisted housing accommodation in which the person meets all qualifications for receipt of the publicly assisted housing accommodation under State or federal law, and other real property without discrimination by reason of holding or presenting a standard basic driver's license, standard motorcycle license, standard probationary license, or standard identification card, subject only to conditions and limitations applicable alike to all persons. Nothing in this section shall be construed to alter an employer's rights or obligations under 8 U.S.C. s.1324a regarding obtaining documentation evidencing identity and authorization for employment. Any action that is required by federal or State law or regulation, or by government contract shall not constitute a violation of this section. b. The provisions of this section shall also apply to the State, any political subdivision of the State, any agency or instrumentality of the State, and to any political subdivision of the State, and the employees, officers, or officials thereof, including law enforcement officers. Employees, officers, or officials, including law enforcement officers shall accept any standard basic driver's license, standard motorcycle license, standard permit, standard probationary license, or standard identification card, as proof of identity, age, and State residency of its holder and shall not discriminate against an individual based upon the fact that the individual applied for, was issued, holds, or presents a standard basic driver's license, standard motorcycle license, standard permit, standard probationary license, or standard identification card. L.2019, c.271, s.22. 39:3-10q Definitions. 1. As used in sections 1 through 7 of P.L.2025, c.115 (C.39:3-10q through 39:3-10w): "Attribute authentication" means the ability of a digital driver's license or digital non-driver identification card to affirmatively and accurately prove to a verifier that something the holder claims about themselves is true without revealing the underlying data associated with the license or card. "Chief administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission. "Commission" means the New Jersey Motor Vehicle Commission. "Digital driver's license" means a digital basic driver's license, digital motorcycle license, or digital probationary driver's license issued by the commission that is accessible on an electronic device and includes all information found on a printed, hard-copy basic driver's license, motorcycle license, or probationary driver's license issued by the commission. "Digital non-driver identification card" means a digital non-driver identification card issued by the commission that is accessible on an electronic device and includes all information found on a printed, hard-copy non-driver identification card issued by the commission. "Digital wallet" means an application accessed on an electronic device or accessed remotely, which application permits a holder to present a digital driver's license or digital non-driver identification card in person, online, or through other remote means. "Electronic device" means any mobile device capable of either communication or other transmission of information and includes, but is not limited to, a cellular telephone, wireless tablet, any device with Internet capability, or other wireless communication device. "Holder" means a person who possesses a digital driver's license or digital non-driver identification card that establishes proof of that person's identity or of some attribute or authorization that the person possesses. "Personal information" means any information that is linked or reasonably linked to an identified or identifiable person. "Person" means a natural person. "Presentation" means the act of revealing all or any portion of a digital driver's license or digital non-driver identification card to a verifier. "Selective disclosure" means the sole discretion of a holder to choose which data fields from a digital driver's license or digital non-driver identification card to disclose during a presentation, provided that the holder discloses at least those data fields that are reasonably necessary for the purpose of a presentation. "Verification tool" means a device that is used by verifiers to exchange data with the holder's digital wallet during a presentation and to verify the authenticity of that presentation. "Verifier" means a person or an entity that checks a holder's digital driver's license or digital non-driver identification card in order to establish proof of a holder's identity or of some attribute or authorization that the holder possesses. L.2025, c.115, s.1. 39:3-10r Digital driver's license, non-driver identification card, voluntary request. 2. a. The Chief Administrator of the New Jersey Motor Vehicle Commission shall create and issue, in addition to the printed, hard-copy driver's license or non-driver identification card issued by the commission, a digital driver's license or digital non-driver identification card to a person who voluntarily requests a digital driver's license or digital non-driver identification card and who meets all requirements for the issuance of a printed, hard-copy basic driver's license, motorcycle license, probationary driver's license, or non-driver identification card, as applicable. The commission may charge and collect a reasonable fee for the issuance of either a digital driver's license or digital non-driver identification card. The commission shall retain such fee in accordance with subsection b. of section 105 of P.L.2003, c.13 (C.39:2A-36). b. (1) The commission shall provide that the digital driver's license and digital non-driver identification card include features to ensure the security and integrity of the license and identification card and the protection of personal information, including protection against unauthorized access to such information. Such features shall ensure that: (a) use of the digital driver's license or digital non-driver identification card does not require handing over one's electronic device to any other person or entity when using the digital driver's license or digital non-driver identification card; (b) any remote access to the digital driver's license or digital non-driver identification card requires the express, affirmative, real-time consent of the holder of the digital driver's license or digital non-driver identification card that is being requested for each piece of information being requested and will be limited to only that information which is provided on a printed, hard-copy basic driver's license or printed, hard-copy non-driver identification card; (c) the digital driver's license or digital non-driver identification card, as well as any mobile application required for the digital driver's license or digital non-driver identification card, does not contain or collect any information not strictly necessary for the functioning of the digital driver's license, digital non-driver identification card, or mobile application, including, but not limited to, location information; (d) no part of the system or technology involved in a digital driver's license or digital non-driver identification card utilized by the commission will disclose any data regarding a holder's presentation of such license or identification card to the commission; (e) the information transmitted to the digital driver's license or digital non-driver identification card, as well as any mobile application required for the digital driver's license or digital non-driver identification card, is encrypted and protected to the highest reasonable security standards that are broadly available and cannot be intercepted while being transmitted from the commission; (f) a digital driver's license or digital non-driver identification card includes techniques and methodologies that ensure that multiple presentations of non-unique data by a holder cannot be linked together by one or more verifiers; (g) any data exchanged between the commission and any electronic device, between the commission and the provider of any electronic device, and between any electronic device and the provider of that electronic device, shall be limited to the data necessary to display the information necessary for a digital driver's license or digital non-driver identification card; (h) a digital driver's license or digital non-driver identification card provides for selective disclosure and allows attribute authentication, including proof of meeting the minimum age for restricted product purchases; and (i) any contract between the commission and another entity concerning digital driver's licenses or digital non-driver identification cards prohibits the use, sharing, sale, or disclosure of any information obtained as part of the contract, including, but not limited to, any information about the holder, except as is necessary to satisfy the terms of the contract, and provides that, upon the termination or expiration of the contract, the entity shall delete any data collected or generated in the course of activities pursuant to that contract within 30 days. (2) A process, prescribed by the chief administrator, shall provide for the issuance of digital driver's licenses and digital non-driver identification cards to prevent and detect the alteration, duplication, counterfeiting, photographing, forging, or other modification of the digital driver's license and digital non-driver identification card. c. The commission may not revoke or withdraw the holder's access to a digital driver's license or digital non-driver identification card unless the commission determines: (1) the security or integrity of the digital driver's license or digital non-driver identification card has been compromised; (2) the digital driver's license or digital non-driver identification card was procured in error or by fraud; (3) the holder requests that such access be revoked or withdrawn; or (4) the commission has grounds for revoking the holder's printed, hard-copy driver's license or printed, hard-copy non-driver identification card as otherwise provided pursuant to applicable law or regulation. d. (1) The provisions of section 2 of P.L.1997, c.188 (C.39:2-3.4), subsection w. of R.S.39:3-10, subsection i. of section 4 of P.L.1950, c.127 (C.39:3-13.4), subsection a. of section 2 of P.L.1980, c.47 (C.39:3-29.3), and section 22 of P.L.2019, c.271 (C.39:3-10p) shall apply to digital driver's licenses, digital non-driver identification cards, and the motor vehicle records associated with such licenses and identification cards. (2) A signed application for a digital driver's license or digital non-driver identification card shall constitute the applicant's informed consent for the sharing of the applicant's personal information for the sole purpose of issuing the applicant a digital driver's license or digital non-driver identification card. e. The commission shall allow a person with a digital driver's license or a digital non-driver identification card, or a person applying for such driver's license or identification card, to update the person's motor vehicle record, including, but not limited to, a change of address and organ donor status. Such changes shall immediately become part of the person's official motor vehicle record. f. The commission shall ensure that a digital driver's license or a digital non-driver identification card is accessible to, and usable by, persons with disabilities. g. The commission shall, in consultation with the Attorney General, provide information on the commission's Internet website to educate the public on the availability and use of digital driver's licenses and digital non-driver identification cards. L.2025, c.115, s.2. 39:3-10s Digital driver's license, non-driver identification card, holder's digital wallet, data selection, verification. 3. a. A digital driver's license or digital non-driver identification card shall include standard technical and administrative measures, as determined by the commission, that verifiers shall use to identify and authenticate themselves to a holder's digital wallet. b. A digital wallet containing a New Jersey digital driver's license or digital non-driver identification card shall display to a holder which data is being requested by a verifier and the verifier's identity and shall allow the holder to select which data is and is not transmitted to the verifier. c. A digital wallet containing a New Jersey digital driver's license or digital non-driver identification card shall keep a log of each requesting verifier, the data that was requested, and the data that was transmitted to that verifier, if any. The log shall be available exclusively to the holder, who may, at will, delete any or all of the information contained in the log. d. A holder may carry a digital driver's license or digital non-driver identification card in any digital wallet of the holder's choice that complies with widely accepted standards for security, including any appropriate encryption standards, consistent with P.L.2025, c.115 (C.39:3-10q et al.) and as identified by the commission or the Attorney General, as applicable. L.2025, c.115, s.3. 39:3-10t Restrictions on retaining, use of information, digital driver's license, non-driver identification card. 4. a. No verifier or entity contracting with the commission may collect, retain, share, or use information from a digital driver's license or digital non-driver identification card for longer than what is strictly necessary for the purpose for which that information was presented. b. No provider of a digital wallet or of a verification tool operating in this State shall access, collect, retain, share, or use personal information about a holder's digital driver's license or digital non-driver identification card or about the use of such license or identification card, except as required by State or federal law or regulation. L.2025, c.115, s.4. 39:3-10u Holder not required to relinquish electronic device for verification, digital driver's license, non-driver identification card. 5. a. A holder shall not be required to give physical possession of the holder's electronic device to any other person or entity in order to use a digital driver's license or digital non-driver identification card for identity verification. No person or entity, including any law enforcement officer as defined in section 2 of P.L.1961, c.56 (C.52:17B-67), shall take physical possession of a holder's electronic device for the purposes of verifying the holder's identity. b. If a holder displays or gives physical possession of the holder's electronic device to any other person or entity in order to use the license or identification card for identity verification, the display or surrender of physical possession of the holder's electronic device shall not constitute the holder's consent to a search of or the holder's consent for access to any information other than that which is immediately available on the digital driver's license or digital non-driver identification card. Information incidentally obtained in the process of viewing a digital driver's license or digital non-driver identification card to verify the identity of the holder shall not be used to establish probable cause for a warrant to search the holder's electronic device. c. (1) Any request for remote access to a digital driver's license or digital non-driver identification card for the purposes of identity verification shall: (a) require the express consent of the holder; (b) be limited to the content of the digital driver's license or digital non-driver identification card specified in the request for remote access; and (c) not exceed the information available on a printed, hard-copy driver's license or digital non-driver identification card. (2) A holder's consent to grant remote access to the holder's digital driver's license or digital non-driver identification card shall not constitute consent to a search, nor shall it constitute consent for access to any information other than that which is immediately available on the digital driver's license or digital non-driver identification card. Information incidentally obtained in the process of remotely accessing a digital driver's license or digital non-driver identification card shall not be used to establish probable cause for a warrant to search the electronic device. L.2025, c.115, s.5. 39:3-10v Holder not required to use digital driver's license, non-driver identification card in lieu of printed, hard copy. 6. a. A holder shall not be required to use a digital driver's license or digital non-driver identification card instead of a printed, hard-copy driver's license or printed, hard-copy non-driver identification card for the purpose of identity verification nor shall the holder's choice to obtain a digital driver's license or digital non-driver identification card preclude the holder's use of a printed, hard-copy driver's license or printed, hard-copy non-driver identification card under any circumstances. b. A verifier shall not: (1) condition the offer or use of a good or service on the presentation of a digital driver's license or digital non-driver identification card instead of a printed, hard copy driver's license or printed, hard-copy non-driver identification card; (2) charge different prices or rates for a good or service, provide preferential treatment or a different level of quality of a good or service, or condition entry for or access to a good or service to any person who exercises or elects not to exercise the person's rights pursuant to P.L.2025, c.115 (C.39:3-10q et al.) or who presents a printed, hard-copy driver's license or printed, hard-copy non-driver identification card instead of a digital driver's license or digital non-driver identification card, as applicable, except as reasonably necessary for conducting a transaction online or through other remote means, taking into consideration available technology; or (3) require or request presentation of more than the minimum data necessary to determine that a transaction meets legal requirements, including requiring more than a binary "yes/no" attribute authorization for age or other qualifications. c. The provisions of section 2 of P.L.2017, c.124 (C.56:11-54) shall apply to a verifier during a holder's presentation of a digital driver's license or digital non-driver identification card, irrespective of the technical means of reading the license or identification card. d. A State agency or political subdivision shall not: (1) condition the offer of an in-person good or service on the presentation of a digital driver's license or digital non-driver identification card; or (2) offer a different level of quality of an in-person good or service to any person based solely on the presentation of a digital or printed, hard-copy form of identification pursuant to P.L.2025, c.115 (C.39:3-10q et al.). L.2025, c.115, s.6. 39:3-10w Cybersecurity incidents, verifiers, digital wallet providers required to report, information posted on commission website. 7. a. The commission shall display, on the appropriate webpage on its Internet website, information concerning the requirement for verifiers and digital wallet providers to report cybersecurity incidents pursuant to subsection b. of this section as well as information that encourages holders to remain alert for cybersecurity incidents when using a digital driver's license or digital non-driver identification card. b. All verifiers and digital wallet providers shall report any and all cybersecurity incidents, as defined in section 1 of P.L.2023, c.19 (C.52:17B-193.2), to the commission in a form and manner prescribed by the commission, and to the New Jersey Office of Homeland Security and Preparedness consistent with the provisions of P.L.2023, c.19 (C.52:17B-193.2 et seq.). The reports shall adhere to the provisions of P.L.2023, c.19 (C.52:17B-193.2 et seq.). L.2025, c.115, s.7. 39:3-10x Penalties for violation; rules, regulations. 9. a. A verifier that violates any provision of section 4, 5, or 6 of P.L.2025, c.115 (C.39:3-10t, C.39:3-10u, or C.39:3-10v) shall be subject to civil penalties as provided in subsection a. of section 3 of P.L.2017, c.124 (C.56:11-55), which may be enforced by the Attorney General by a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). b. The Attorney General may issue guidance or directives or promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as the Attorney General deems necessary to effectuate the purposes of P.L.2025, c.115 (C.39:3-10q et al.) and enforcement thereof. L.2025, c.115, s.9.

This is the verbatim text of N.J.S.A. 39:3-10, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.