39:3-10.18 Possession of Valid Commercial Driver License
39:3-10.18. Failure to possess valid commercial driver’s license
Fine $250 $500
imprisonment up to 60 days, or both
(2)On and after April 1, 1992, and except when operating under a valid commercial driver examination or learners permit and accompanied by the holder of a commercial driver license valid for the class or type of vehicle being operated, a person shall not operate a commercial motor vehicle unless the person has been issued and is in possession of a valid commercial driver license and applicable endorsements for the class and type of vehicle being operated. A person shall not operate a commercial motor vehicle if the person is restricted from operating a commercial vehicle of that class or type.
(3)A person violating this subsection shall be fined not less than $250 or more than $500, or imprisoned for not more than 60 days, or both. If that person has never been licensed to operate a commercial motor vehicle in this State or any other jurisdiction, the chief administrator shall refuse to issue a license to operate a commercial motor vehicle to that person for a period of 180 days from the date of the conviction. This penalty shall not be applicable in cases where failure to have actual possession of the commercial driver license is due to an administrative or technical error by the commission. If a person charged with a failure to have possession of a valid commercial driver license can exhibit the license to the judge of the court before whom he is summoned to answer to a charge and the license was valid on the day the person was charged, the judge may dismiss the charge. However, the judge may impose court costs.
b. (1) A person who has been refused a commercial driver license, whose commercial motor vehicle driving privilege or any endorsement has been suspended or revoked, who has been prohibited or disqualified from operating a commercial motor vehicle, who is subject to an out-of-service order, or whose driving privilege is suspended or revoked, shall not operate a commercial motor vehicle during the period of refusal, suspension, revocation, prohibition, or disqualification, or during the period of the out-of-service order.
(2)A person who violates this subsection shall, upon conviction, be fined not less than $500 or more than $5,000 for each offense, or imprisoned for a term of not more than 90 days, or both; provided, however, a person who operates a commercial motor vehicle during the period of an out-of-service order shall, upon conviction, be fined $2,500 and may be imprisoned for a term of not more than 90 days. A person who operates a commercial motor vehicle during the period of an out-of-service order shall, upon a second or subsequent conviction of this subsection, be fined $5,000 and may be imprisoned for a term of not more than 90 days. If a person is involved in an accident resulting in personal injury to another person while operating a commercial motor vehicle in violation of this subsection, the court shall impose both a period of imprisonment for 90 days and a fine of $5,000.
(3)An employer shall not knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle during the period of refusal, suspension, revocation, prohibition, disqualification, or during the period of the out-of-service order. An employer who is convicted of a violation of this subsection shall be subject to a fine of not less than $2,750 or more than $25,000.
In addition, the commercial motor vehicle driving privilege of a person convicted under this subsection shall be suspended in accordance with section 12 of this act.
Vercammens Law office represents individuals charged with criminal, drug
offenses, and serious traffic violations throughout New Jersey. Our office
helps people with traffic/ municipal court tickets including drivers charged
with Driving While Intoxicated, Refusal and Driving While Suspended.
Vercammen was the NJ State Bar Municipal Court Attorney of the Year and
past president of the Middlesex County Municipal Prosecutors Association.
and Motor vehicle violations can cost you. You will have to pay fines
in court or receive points on your drivers license. An accumulation of
too many points, or certain moving violations may require you to pay expensive
surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license
suspended. Dont give up! The Law Office of Kenneth Vercammen can provide
experienced attorney representation for criminal motor vehicle violations.
your job or drivers license is in jeopardy or you are facing thousands
of dollars in fines, DMV surcharges and car insurance increases, you need
excellent legal representation. The least expensive attorney is not always
the answer. Schedule an appointment if you need experienced legal representation
in a traffic/municipal court matter.
website provides information on traffic offenses we can be retained to
represent people. Our website also provides details on jail terms for
traffic violations and car insurance eligibility points. Car insurance
companies increase rates or drop customers based on moving violations.
Contact the Law Office
Kenneth Vercammen & Associates, P.C.
for an appointment.
Law Office cannot provide legal advice or answer legal questions over
the phone or by email. Please call the Law office and schedule a
confidential "in office" consultation. The Law Office
now accepts payment by American Express, Visa and Master Card.
This web site is purely a
public resource of general New Jersey information (intended, but not
promised or guaranteed to be correct, complete, or up-to-date). It is
not intended be a source of legal advice, do not rely on information
at this site or others in place of the advice of competent counsel.
The Law Office of Kenneth Vercammen complies with the New Jersey Rules
of Professional Conduct. This web site is not sponsored or associated
with any particular linked entity unless specifically stated.
The existence of any particular link is simply intended to imply potential
interest to the reader, inclusion of a link should not be construed
as an endorsement.
Copyright 2018. Kenneth Vercammen & Associates, P.C.