P.L. 2009, c.271 (S-3091) - Revises State law concerning commercial driver licenses to comply with Federal Motor Carrier Safety Regulations

P.L. 2009, c.271 (S-3091) - Revises State law concerning commercial driver
licenses to comply with Federal Motor Carrier Safety Regulations


On January 17, 2010, Governor Corzine signed S-3091 into law as P.L. 2009, c.271. The
new law took effect on January 17, 2010.

The new law revises the commercial driver’s licenses provisions of Title 39 to comply
with Federal Motor Carrier Safety Regulations (FMCSRs) as described below.

N.J.S.A. 39:3-10.11

• Revises the definition of “out-of-service order.”

• Revises the definitions of “gross vehicle weight rating” and “out-of-service order” to
conform to the federal definition of these terms.

N.J.S.A. 39:3-10.18

• Establishes a fine of $2,500 in place of the previous fine range (not less than $1,100 or
more than $2,750) for a first offense of operating a commercial motor vehicle during a
period of an out-of-service order.

• Establishes a fine of $5,000 and possible imprisonment for not more than 90 days for a
second or subsequent offense of operating a commercial motor vehicle during the period
of an out-of-service order.

• Increases the fine from $11,000 to $25,000 for an employer who is convicted of
knowingly allowing, requiring, permitting, or authorizing a driver to operate a
commercial motor vehicle during the period of regular, suspension, revocation,
prohibition, disqualification, or during the period of an out-of-service order.



N.J.S.A. 39:3-10.20

• Authorizes the Chief Administrator of the Motor Vehicle Commission to revoke for life
the commercial motor vehicle driving privilege of a person convicted for a second or
subsequent violation of certain offenses, including any moving violation that results in a
fatality.

• Authorizes the Chief Administrator of the Motor Vehicle Commission to revoke for life
the commercial motor vehicle driving privilege of a person who uses either a commercial
motor vehicle or a non-commercial motor vehicle in the commission of a crime involving
the manufacture, distribution, or dispensing of a controlled substance, or possession with
intent to manufacture, distribute, or dispense a controlled substance.

• Enhances the authority of the Chief Administrator of the Motor Vehicle Commission to
enforce out-of-service orders issued for violations of driver, commercial motor vehicle,
or motor carrier operations.

• Requires that the Chief Administrator of the Motor Vehicle Commission to immediately
place out-of-service for a 24-hour period the holder of a commercial driver license found
to be in violation of the FMCSRs relating to the use of alcohol, being under the influence
of alcohol, having any measured alcohol concentration or detected presence, or being in
possession of alcohol.