39:3-40. No person to whom a driver’s license has been refused or whose driver’s license or
reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining
a driver’s license, shall personally operate a motor vehicle during the period of refusal,
suspension, revocation, or prohibition.
No person whose motor vehicle registration has been revoked shall operate or permit the
operation of such motor vehicle during the period of such revocation.
Except as provided in subsections i. and j. of this section, a person violating this section shall
be subject to the following penalties:
a. Upon conviction for a first offense, a fine of $500.00 and, if that offense involves the
operation of a motor vehicle during a period when the violator’s driver’s license is suspended for
a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), revocation of the
violator’s motor vehicle registration privilege in accordance with the provisions of sections 2
through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
b. Upon conviction for a second offense, a fine of $750.00, imprisonment in the county jail
for at least one but not more than five days and, if the second offense involves the operation of a
motor vehicle during a period when the violator’s driver’s license is suspended and that second
offense occurs within five years of a conviction for that same offense, revocation of the violator’s
motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of
P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
c. Upon conviction for a third offense or subsequent offense, a fine of $1,000.00 and
imprisonment in the county jail for 10 days. If the third or a subsequent offense involves the
operation of a motor vehicle during a period when the violator’s driver’s license is suspended
and the third or subsequent offense occurs within five years of a conviction for the same offense,
revocation of the violator’s motor vehicle registration privilege in accordance with the provisions
of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
d. Upon conviction, the court shall impose or extend a period of suspension not to exceed
six months;
e. Upon conviction, the court shall impose a period of imprisonment for not less than 45
days or more than 180 days, if while operating a vehicle in violation of this section a person is
involved in an accident resulting in bodily injury to another person;
f. (1) In addition to any penalty imposed under the provisions of subsections a. through e. of
this section, any person violating this section while under suspension issued pursuant to section
2 of P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be fined $500.00, shall have his license
to operate a motor vehicle suspended for an additional period of not less than one year nor more
than two years, and may be imprisoned in the county jail for not more than 90 days.
(2) In addition to any penalty imposed under the provisions of subsections a. through e. of
this section and paragraph (1) of this subsection, any person violating this section under
suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or
P.L.1982, c.85 (C.39:5-30a et seq.), shall be fined $500, shall have his license to operate a motor
vehicle suspended for an additional period of not less than one year or more than two years, and
shall be imprisoned in the county jail for not less than 10 days or more than 90 days.
(3) In addition to any penalty imposed under the provisions of subsections a. through e. of
this section and paragraphs (1) and (2) of this subsection, a person shall have his license to
operate a motor vehicle suspended for an additional period of not less than one year or more
than two years, which period shall commence upon the completion of any prison sentence
imposed upon that person, shall be fined $500 and shall be imprisoned for a period of 60 to 90
days for a first offense, imprisoned for a period of 120 to 150 days for a second offense, and
imprisoned for 180 days for a third or subsequent offense, for operating a motor vehicle while in
violation of paragraph (2) of this subsection while:
(a) on any school property used for school purposes which is owned by or leased to any
elementary or secondary school or school board, or within 1,000 feet of such school property;
(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by
ordinance or resolution, has designated the school crossing as such; or
(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are
present if the municipality has not designated the school crossing as such by ordinance or
resolution.
A map or true copy of a map depicting the location and boundaries of the area on or within
1,000 feet of any property used for school purposes which is owned by or leased to any
elementary or secondary school or school board produced pursuant to section 1 of P.L.1987,
c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.
It shall not be relevant to the imposition of sentence pursuant to subparagraph (a) or (b) of
this paragraph that the defendant was unaware that the prohibited conduct took place while on
or within 1,000 feet of any school property or while driving through a school crossing. Nor shall
it be relevant to the imposition of sentence that no juveniles were present on the school property
or crossing zone at the time of the offense or that the school was not in session;
g. (Deleted by amendment, P.L.2009, c.224);
h. A person who owns or leases a motor vehicle and permits another to operate the motor
vehicle commits a violation and is subject to suspension of his license to operate a motor vehicle
and to revocation of registration pursuant to sections 2 through 6 of P.L.1995, c.286 (C.39:3-
40.1 through C.39:3-40.5) if the person:
(1) Knows that the operator’s license or reciprocity privilege to operate a motor vehicle has
been suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a); or
(2) Knows that the operator’s license or reciprocity privilege to operate a motor vehicle is
suspended and that the operator has been convicted, within the past five years, of operating a
vehicle while the person’s license was suspended or revoked.
In any case where a person who owns or leases a motor vehicle knows that the operator’s
license or reciprocity privilege of the person he permits to operate the motor vehicle is
suspended or revoked for any violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-
50.4a), the person also shall be subject to the following penalties: for a first or second offense, a
fine of $1,000, imprisonment for not more than 15 days, or both; and for a third or subsequent
offense, a fine of $1,000, imprisonment for not more than 15 days, or both, and forfeiture of the
right to operate a motor vehicle over the highways of this State for a period of 90 days;
i. If the violator’s driver’s license to operate a motor vehicle has been suspended pursuant
to section 9 of P.L.1985, c.14 (C.39:4-139.10) or for failure to comply with a time payment order,
the violator shall be subject to a maximum fine of $100 upon proof that the violator has paid all
fines and other assessments related to the parking violation that were the subject of the Order of
Suspension, or if the violator makes sufficient payments to become current with respect to
payment obligations under the time payment order;
j. If a person is convicted for a second or subsequent violation of this section and the
second or subsequent offense involves a motor vehicle moving violation, the term of
imprisonment for the second or subsequent offense shall be 10 days longer than the term of
imprisonment imposed for the previous offense.
For the purposes of this subsection, a “motor vehicle moving violation” means any violation
of the motor vehicle laws of this State for which motor vehicle points are assessed by the chief
administrator pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
amended 1941, c.344; 1945, c.222, s.2; 1947, c.25; 1964, c.9; 1968, c.323, s.10; 1981, c.38, s.1;
1982, c.45, s.2; 1983, c.90, s.1; 1986, c.38; 1992, c.203; 1994, c.64, s.2; 1995, c.286, s.1; 1999,
c.185, s.3; 1999, c.423, s.3; 2001, c.213, s.1; 2002, c.28; 2007, c.187; 2009, c.224, s.1; 2009,
c.332.
Sections: