39:3-10. No person shall 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.

No person under 18 years of age shall be issued a basic license to drive motor vehicles, nor

shall a person 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 and 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 such portions of the mechanism of motor vehicles

as is necessary to insure the safe operation of a vehicle of the kind or kinds indicated by the

applicant, and of the laws and ordinary usages of the road. No person shall 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).

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, 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. No person shall 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, 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. No new locations for the road test shall be approved unless the test can be given on

public streets.

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 such 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.

The commission shall issue a 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), P.L.1992, c.189 (C.39:4-

50.14), R.S.39:4-129, N.J.S.2C:11-5, 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.

The commission shall expand the driver’s license examination by 20%. The additional

questions to be added shall consist solely of questions developed in conjunction with the State

Department of Health and Senior Services concerning the use of alcohol or drugs as related to

highway safety. The commission shall develop in conjunction with the State Department of

Health and Senior Services 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, 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 P.L.1978, c.181 (C.39:3-12.2).

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 less than 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.

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.”

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 basic driver’s

license.

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 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.

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

him to drive any registered vehicle, of the kind or kinds indicated, and shall expire, except as

otherwise provided, on the last day of the 48th calendar month following the calendar month in

which such license was issued.