Bill Text: NJ A2555 | 2012-2013 | Regular Session | Amended
Bill Title: Permits chief administrator of MVC to waive CDL skills test for certain applicants with military experience operating commercial motor vehicles.*
Spectrum: Strong Partisan Bill (Democrat 14-1)
Status: (Passed) 2013-05-06 - Approved P.L.2013, C.48. [A2555 Detail]
Download: New_Jersey-2012-A2555-Amended.html
ASSEMBLY, No. 2555
STATE OF NEW JERSEY
215th LEGISLATURE
INTRODUCED FEBRUARY 21, 2012
Sponsored by:
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex)
Assemblyman MATTHEW W. MILAM
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman GILBERT "WHIP" L. WILSON
District 5 (Camden and Gloucester)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Co-Sponsored by:
Assemblywoman Gove, Assemblyman Eustace, Assemblywoman Mosquera, Assemblymen Singleton, Coughlin and Chivukula
SYNOPSIS
Permits chief administrator of MVC to waive CDL skills test for certain applicants with military experience operating commercial motor vehicles.
CURRENT VERSION OF TEXT
As reported by the Senate Transportation Committee on June 7, 2012, with amendments.
An Act concerning 1[the transfer of certain military commercial driver licenses to a]1 commercial driver 1[license] licenses1 and supplementing chapter 3 of Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this 1[section] act1:
"Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used or designed to transport passengers or property that has a gross vehicle weight rating of 26,001 or more pounds or displays a gross vehicle weight rating of 26,001 or more pounds or a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds. 1The term shall not include any of the other types of vehicles listed under the definition of commercial motor vehicle pursuant to section 3 of P.L.1990, c.103 (C.39:3-10.11).1
"Military commercial driver license" means an authorization 1[from] for a person to operate a commercial motor vehicle which is issued by1 any branch of the active duty or the reserve component of the Armed Forces of the United States or the National Guard of any state 1[authorizing a person to operate a commercial motor vehicle]1.
b. 1[An applicant for a commercial driver license to operate a commercial motor vehicle, as defined by subsection a. of this section, who holds a military commercial driver license shall submit, within six months after being discharged from any branch of the active duty or reserve component of the Armed Forces of the United States or the National Guard of any state, to the chief administrator, in addition to the application and the applicant's military commercial driver license:
(1) documentation that the chief administrator deems necessary to determine that the requirements to obtain the military commercial driver license are at least as stringent as the requirements to obtain a commercial driver license pursuant to R.S.39:3-10.12; and
(2) documentation that the chief administrator deems necessary to determine the equivalent class of commercial motor vehicle, as defined in subsection a. of this section, that the applicant's military commercial driver license authorizes the applicant to operate] Notwithstanding the provisions of section 4 of P.L.1990, c.103 (C.39:3-10.12) or any other law to the contrary, the Chief Administrator of the New Jersey Motor Vehicle Commission shall waive the skills test required pursuant to section 4 of P.L.1990, c.103 (C.39:3-10.12) for a commercial driver license applicant who has experience operating a commercial motor vehicle while serving in the military and who submits satisfactory proof that the applicant meets the requirements for such a waiver under the federal "Commercial Motor Vehicle Safety Act of 1986," as those requirements are set forth in 49 C.F.R. s.383.771.
c. 1[The commission shall treat an application for a commercial driver license, authorizing the operation of a commercial motor vehicle, as defined by subsection a. of this section, that is submitted with a military commercial driver license and other related documentation the same as an application submitted by a person holding a commercial driver license from another jurisdiction pursuant to R.S.39:3-10.17] In order to qualify for the waiver permitted under subsection b. of this section, an applicant for a commercial driver license shall submit to the chief administrator, in addition to the application:
(1) satisfactory proof that the applicant is a member of a branch of the active or the reserve component of the Armed Forces of the United States or the National Guard of any state, or that the applicant is a veteran who received an honorable discharge from a branch of the active or reserve component of the Armed Forces of the United States or the National Guard of any state;
(2) the applicant's military commercial driver license or other documentation certifying the applicant's experience in the operation of a commercial motor vehicle while serving in the military; and
(3) any additional documentation that the chief administrator deems necessary to determine the equivalent class of commercial motor vehicle that the applicant is authorized to operate.
d. A waiver shall not be granted under the provisions of this act if the granting of the waiver would place the State out of substantial compliance with the requirements of the federal "Commercial Motor Vehicle Safety Act of 1986."
e. Nothing in this section shall be construed to exempt an applicant for a commercial driver license from any other State or federal requirements for obtaining a commercial driver license or any endorsement thereon, including, but not limited to, the submission of fingerprints and a criminal history records check1.
2. This act shall take effect on the first day of the sixth month following enactment, but the 1[Chief Administrator of the New Jersey Motor Vehicle Commission] chief administrator1 may take such anticipatory acts in advance 1[of that date] thereof1 as may be necessary for the timely implementation of this act.
