Wednesday, October 28, 2009

NJAC 13:19-10.6 Restoration; official warning; completion of Driver Improvement or Probationary Driver Program

§ 13:19-10.6 Restoration; official warning; completion of Driver Improvement or Probationary Driver Program


(a) Persons whose licenses are restored after a suspension imposed under 13:19-10.2 or after a suspension imposed under this section, persons who are officially warned after an administrative hearing, and persons who successfully complete a Commission Driver Improvement Program or Probationary Driver Program may retain their licenses upon the express condition and understanding that any subsequent violation of the Motor Vehicle and Traffic Law of the State of New Jersey committed within one year of the restoration, official warning, or warning following successful completion of a Driver Improvement or Probationary Driver Program shall, except for good cause, result in suspension of driving privileges for the following periods:

1. When the subsequent violation occurs within six months of the date of the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--90 days;

2. When the subsequent violation occurs more than six months but less than nine months after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--60 days;

3. When the subsequent violation occurs more than nine months but less than one year after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--45 days.

(b) A second violation of the Motor Vehicle Laws committed within one year of the restoration, official warning or warning following successful completion of a Driver Improvement or Probationary Driver Program shall, except for good cause, result in suspension of driving privileges for the following periods:

1. When the second violation occurs within six months of the date of the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--180 days.

2. When the second violation occurs more than six months but less than nine months after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--120 days.

3. When the second violation occurs more than nine months but less than one year after the restoration, official warning or warning following completion of a Driver Improvement or Probationary Driver Program--90 days.

(c) Persons licensed on a probationary basis in accordance with N.J.S.A. 39:3-10b who have been subject to a license suspension action under (a) or (b) above may be required to successfully complete additional programs of driver rehabilitation within the discretion of the Chief Administrator.


HISTORY:

As amended, R.1983 d.360, effective September 6, 1983.

See: 15 New Jersey Register 1004(a), 15 New Jersey Register 1481(b).

Added new (b) and recodified old (b) as (c).

Amended by R.1994 d.468, effective September 19, 1994.

See: 26 New Jersey Register 2738(a), 26 New Jersey Register 3873(a).

Amended by R.2005 d.47, effective February 7, 2005.

See: 36 New Jersey Register 4005(a), 37 New Jersey Register 505(a).

In (a), substituted "Commission" for "Division" and inserted "and Traffic" following "Motor Vehicle" in the introductory paragraph; in (c), substituted "Chief Administrator" for "Director".

Chapter Notes