N.J. Stat. tit. 39, ch. 2

N.J. Stat. tit. 39, ch. 2
in effect

N.J. Stat. § 39:2-1 Department continued

The department of motor vehicles, created and established by an act entitled "A supplement to an act entitled "An act defining motor vehicles and providing for the registration of the same and the licensing of the drivers thereof; fixing rules regulating the use and speed of motor vehicles; fixing the amount of license and registration fees; prescribing and regulating process and the service thereof and proceedings for the violation of the provisions of the act and penalties for said violations,' approved April eighth, one thousand nine hundred and twenty-one," passed March twenty-fourth, one thousand nine hundred and twenty-six (L.1926, c. 147, p. 228), as amended and supplemented is continued. The department shall have full charge of the registration and regulation of all motor vehicles as provided by L.1921, c. 208, p. 643, entitled "An act defining motor vehicles and providing for the registration of the same and the licensing of the drivers thereof; fixing rules regulating the use and speed of motor vehicles; fixing the amount of license and registration fees; prescribing and regulating process and the service thereof and proceedings for the violation of the provisions of the act and penalties for said violations" , effective January first, one thousand nine hundred and twenty-two, and the amendments and supplements thereto. The department shall also have such other duties and powers as are described in said L.1921, c. 208, p. 643, or as may hereafter be provided by law.

N.J. Stat. § 39:2-2 Director of division of motor vehicles; appointment; term; salary; bond; oath

The division shall be administered by the Director of the Division of Motor Vehicles. The director shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor during the Governor's term of office and until the director's successor is appointed and has qualified. The director shall receive such salary as shall be provided by law. The director shall give bond, conditioned for the faithful discharge of his duties, in the sum of $50,000.00, which bond shall be approved by a justice of the supreme court or a judge of the superior court, and shall be filed with the State Treasurer. The director shall take an oath before one of the supreme court justices or superior court judges, in form similar to that now required by the State Treasurer, which oath shall be filed with the Secretary of State. Amended by L.1944, c. 44, p. 100, s. 1; L.1953, c. 36, p. 617, s. 2; L.1962, c. 65, s. 8, eff. July 1, 1962; L.1971, c. 105, s. 1, eff. April 16, 1971; L.1975, c. 97, s. 1, eff. May 20, 1975.

N.J. Stat. § 39:2-3 Powers, duties of commission.

39:2-3. The commission shall: a. Have all the powers and perform all the duties conferred or imposed upon it by this Title; b. Have charge and supervision of the administration and enforcement of this Title and attend to the enforcement thereof, and for the purpose of enforcement may communicate with the police departments and police officers in the state; c. Collect such data with respect to the proper restrictions to be placed upon motor vehicles and their use upon the public roads, turnpikes and thoroughfares as shall seem for the public good; d. Execute all contracts entered into by the commission and approve all bills for disbursement of money under any provision of this chapter and chapter 3 of this title (R.S. 39:3-1 et seq.), which bills shall be paid by the State Treasurer upon the warrant of the comptroller out of any appropriation regularly made therefor. Amended 2003, c.13, s.42.

N.J. Stat. § 39:2-3.2 Cooperation by New Jersey Motor Vehicle Commission to register voters.

24. a. The Secretary of State, with the assistance of the Chief Administrator of the New Jersey Motor Vehicle Commission, shall provide for an eligible applicant to simultaneously apply for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card, as applicable, and be automatically registered to vote, or have an existing voter registration updated, in a manner which satisfies both the requirements necessary to receive a license to operate a motor vehicle, pursuant to R.S.39:3-10, or an examination permit, a probationary driver's license, or a non-driver identification card, as applicable, and to register to vote, pursuant to R.S.19:4-1. The applicant shall be offered an opportunity to decline the automatic voter registration under this section. b. (1) Pursuant to subsection a. of this section, for every application for a REAL ID license or identification card, and each related update, renewal, or change of address, where, in the course of business with the Motor Vehicle Commission, the applicant provides or has provided documentation demonstrating United States citizenship, is determined to not already be registered to vote in the State of New Jersey in accordance with subsection g. of this section, and is of sufficient age to register to vote, the Chief Administrator shall promptly transmit electronically to the Secretary of State the applicant’s: (a) name; (b) date of birth; (c) driver’s license or state ID number; (d) residence address, and mailing address if different from the residence address; (e) county of residence; (f) information concerning the applicant’s citizenship status; (g) signature as a digitized image; (h) telephone number, if available; and (i) e-mail address, if available. The Chief Administrator shall not transmit information for any person who, at the time of an application for a REAL ID license or identification card or a related update, renewal, or change of address transaction for a REAL ID license or identification card with the Motor Vehicle Commission, provides a document that conclusively demonstrates that the person is not a United States citizen. Nothing in this section shall be construed to amend the substantive qualifications for voter registration in this State, or to require documentary proof of citizenship for voter registration, or to require the Motor Vehicle Commission to maintain or validate official records of voter registration. Nothing in this section shall be construed to authorize the Motor Vehicle Commission to request documentation establishing an applicant’s citizenship solely for the purposes of voter registration. (2) Upon receiving information pursuant to paragraph (1) of this subsection for a person who is not registered to vote in the State of New Jersey, is of sufficient age to register to vote, and has provided documentation demonstrating United States citizenship in the course of business with the Motor Vehicle Commission, unless the Secretary of State determines that the person is ineligible to register to vote or is a member of the Address Confidentiality Program pursuant to R.S.47:4-1, the Secretary of State shall transmit the person’s information to the appropriate county commissioner of registration. (3) Upon receiving information pursuant to paragraph (2) of this subsection, a county commissioner of registration shall proceed to register the person to vote pursuant to section 17 of P.L.1974, c.30 (C.19:31-6.5) and send to the person’s address of record, by nonforwardable mail, a notice that the person has been registered to vote that contains a postage paid preaddressed return form by which the person may affiliate with a political party or decline to be registered and request that their registration be removed from the Statewide voter registration system. Such notice shall also provide an option for the person to apply for and receive a mail-in ballot as provided under section 3 of P.L.2009, c.79 (C.19:63-3), until the voter requests otherwise. A notice mailed pursuant to this paragraph shall include an explanation of the eligibility requirements to register to vote. The notice shall also state the penalties for submission of a false application. A person shall not be registered to vote pursuant to this subsection until their information has been received and processed by a county commissioner of registration pursuant to section 17 of P.L.1974, c.30 (C.19:31-6.5), provided that such registration shall be deemed effective as of the date of the person’s application with the Motor Vehicle Commission. Nothing in this paragraph shall be construed to alter the provisions of R.S.19:31-15. (4) The notice provided under paragraph (3) of this subsection shall also include a statement that, if the person declines to register to vote and requests to have their registration removed from the Statewide voter registration system, the request will remain confidential unless required by other laws, regulations, or a lawful court order or subpoena and will be used only for election administration purposes under the provisions of Title 19 of the Revised Statutes. Nothing in this paragraph shall be construed to alter the provisions of R.S.19:31-15. The notice shall also include a statement that, if a person does not decline registration, the office at which the person was registered will remain confidential and will be used only for election administration purposes. (5) The Secretary of State shall prescribe the form of the notice required under paragraph (3) of this subsection. Such notice may be combined with the notice provided to newly registered voters pursuant to paragraph (1) of subsection a. of section 17 of P.L.1974, c.30 (C:19:31-6.5). The notice shall include the required information in English and Spanish, as well any additional language which is the primary language of five percent or more of the registered voters in the county where the notice is mailed. (6) If a person returns the notice provided under paragraph (3) of this subsection by declining to be registered and requesting to have their registration removed from the Statewide voter registration system, the county commissioner of registration shall remove the person’s voter registration from the Statewide voter registration system, and the person shall be deemed to have never registered. However, if the person has voted in an election after the transfer of the person’s record but before the notice is returned, the returned form shall be of no force and effect and the person shall be registered as of the date of the person’s application with the Motor Vehicle Commission. Nothing in this paragraph shall be construed to alter the provisions of R.S.19:31-15. (7) If a person returns the notice provided under paragraph (3) of this subsection and affiliates with a political party, the person shall be registered to vote as of the date of the person’s application with the Motor Vehicle Commission and the person’s affiliation shall be marked effective as of the date the affiliation information is received. (8) If the person returns the notice provided under paragraph (3) of this subsection but does not select any options or provide any new information, the form shall be of no force and effect, and the person shall remain registered to vote. (9) If a notice provided under paragraph (3) of this subsection is returned as undeliverable, the county commissioner of registration shall send the person a confirmation notice pursuant to subsection d. of R.S.19:31-15. (10) Information relating to the return of a notice form declining to be registered shall not be used for any purpose other than as described under paragraph (4) of this subsection. Nothing in this section shall be construed to prohibit, or in any way restrict, any action where such prohibition or restriction would be contrary to federal law. However, documents, records, or information relating to an individual person’s decision declining to be registered shall not be disclosed for any purpose related to Title 8 of the United States Code without the person’s informed consent, a warrant signed by a State or federal judge, or a lawful court order or subpoena. c. (1) Pursuant to subsection a. of this section, for every application for a standard motor vehicle driver's license, an examination permit, a standard probationary driver's license, or a standard non-driver identification card, and each related update, renewal, or change of address, by a person who is determined to not already be registered to vote in the State of New Jersey in accordance with subsection g. of this section, except as provided in paragraphs (2) and (3) of this subsection, the Chief Administrator shall ensure that the information necessary for voter registration is collected from the application and promptly transmitted electronically to the Secretary of State if the applicant selects the option to register to vote. Such application shall require an applicant to either affirmatively select or affirmatively decline voter registration as a necessary condition to complete the application. The Chief Administrator shall ensure that electronic records are not transmitted to the Secretary of State for any applicant who has declined registration under this subsection. Upon receiving information pursuant to this section, the Secretary of State shall transmit the person’s information to the appropriate county commissioner of registration. The Commissioner of Registration shall register to vote any eligible applicant who has selected voter registration under this subsection. (2) Voter registration information from an application received online for the renewal of a motor vehicle driver's license or non-driver identification card shall be collected and promptly transmitted electronically to the Secretary of State upon the implementation by the Secretary of State of online voter registration. Subsection c. of this section shall be inapplicable to such applications until that time. (3) Voter registration information from an application received through the mail for the renewal of a motor vehicle driver's license or non-driver identification card shall be exempt from collection and electronic transmission to the Secretary of State until such time as the Chief Administrator determines that the prompt electronic transmission of the information is practicable. Paragraph (4) of this subsection shall be inapplicable to such applications until that time. Following the effective date of P.L.2018, c.6, the Chief Administrator shall inform the Governor and the Legislature every six months of the practicability of collecting and transmitting to the Secretary of State voter registration information from such applications. This paragraph shall not be construed to preclude the Motor Vehicle Commission from processing voter registration applications received in the manner in which such applications were processed in connection with such renewals prior to the effective date of P.L.2018, c.6. (4) The Chief Administrator shall provide for the following notices to be provided with every application for a standard motor vehicle driver’s license, an examination permit, a standard probationary driver's license, or a standard non-driver identification card and every related update, renewal, or change of address conducted pursuant to subsection c. of this section: (a) a notice requiring the applicant to either affirmatively select or affirmatively decline voter registration as a necessary condition to complete the application; (b) a notice of the voter eligibility requirements under R.S.19:4-1 and the penalties for false registration and illegal voting under Title 19 of the Revised Statutes, which notice shall contain an affirmation that the applicant meets each such requirement and shall require the signature of the applicant, under penalty of law; and (c) a notice that an applicant who is a victim of domestic violence or stalking may decline the automatic voter registration and register to vote without disclosing the applicant's street address pursuant to section 1 of P.L.1994, c.148 (C.19:31-3.2). d. (1) For every application for a motor vehicle driver’s license, an examination permit, a probationary driver’s license, or a non-driver identification card, and each related update, renewal, or change of address, by an applicant who is determined to already be registered to vote in the State of New Jersey pursuant to subsection g. of this section, the Chief Administrator shall promptly transmit electronically to the Secretary of State information regarding the applicant’s name and address for the purpose of maintaining current information on the applicant. (2) Any change of address notification received by the Chief Administrator in paper format shall be reported to the Secretary of State no later than the 10th day following its receipt by the Chief Administrator. (3) For any information received from the Chief Administrator pursuant to paragraph (1) of subsection d. of this section for an applicant who is already registered to vote in the State of New Jersey, and that indicates a different name or address from that on the person’s voter registration record, the Secretary of State shall transmit change of address and change of name information for the person to the appropriate commissioner of registration. The Commissioner of Registration in the applicant’s county of residence shall use the change of address or change of name notification to update an existing voter registration, transfer the person’s registration file if inactive to the active file, and send to the person’s address of record, by forwardable mail, notice of the change and a postage paid preaddressed return form by which the person may verify or correct the information. If the person returns the notice and indicates that the change to the person’s registration record was an error, the appropriate county commissioners of registration, including the commissioner of the previous county of residence, shall immediately correct the person’s previously updated information in the Statewide Voter Registration System. A change of address notification submitted to the commission, which is used for voter registration purposes, shall be subject to the provisions of section 1 of P.L.1994, c.148 (C.19:31-3.2) if the person submitting the change of address notification previously registered to vote in accordance with that section. e. If a person who is not entitled to vote becomes registered to vote pursuant to this section, that person's registration shall be presumed to have been effected with official authorization, and the person shall not be deemed to have committed a crime under R.S.19:34-1. This subsection shall not apply to a person who knowingly and willfully makes a false statement to effectuate voter registration. f. The Secretary of State, with the assistance of the Chief Administrator, shall take appropriate measures to educate the public about voter registration under this section. g. The Secretary of State and the Chief Administrator shall jointly develop a process by which the Motor Vehicle Commission, upon obtaining a person’s full name, date of birth, driver’s license or state identification number, residence address, and mailing address if different from residence address, may use information from the statewide voter registration system to determine whether the person is already registered to vote in the state. For the purposes of this section, "eligible applicant" means a person submitting to the commission an application for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card who meets all requirements for eligibility to vote under R.S.19:4-1. L.1994, c.182, s.24; amended 2018, c.6, s.3; 2022, c.70, s.6; 2025, c.204, s.6.

N.J. Stat. § 39:2-3.3 Definitions relative to privacy of motor vehicle records.

1. As used in this act: "Director" means the Director of the Division of Motor Vehicles in the Department of Transportation. "Division" means the Division of Motor Vehicles in the Department of Transportation. "Motor vehicle record" means any record that pertains to a motor vehicle operator's permit, driver's license, motor vehicle title, motor vehicle registration, or identification card issued by the Division of Motor Vehicles. "Person" means an individual, organization or entity, but does not include the State or a political subdivision thereof. "Personal information" means information that identifies an individual, including an individual's photograph; social security number; driver identification number; name; address other than the five-digit zip code; telephone number; and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver's status. L.1997,c.188,s.1.

N.J. Stat. § 39:2-3.4 Disclosure of personal information connected with motor vehicle record.

2. a. Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) or any other law to the contrary, except as provided in this act, the New Jersey Motor Vehicle Commission and any officer, employee or contractor thereof shall not knowingly disclose or otherwise make available to any person personal information about any individual obtained by the commission in connection with a motor vehicle record. b. A person requesting a motor vehicle record including personal information shall produce proper identification and shall complete and submit a written request form provided by the chief administrator for the commission's approval. The written request form shall bear notice that the making of false statements therein is punishable and shall include, but not be limited to, the requestor's name and address; the requestor's driver's license number or corporate identification number; the requestor's reason for requesting the record; the driver's license number or the name, address and birth date of the person whose driver record is requested; the license plate number or VIN number of the vehicle for which a record is requested; any additional information determined by the chief administrator to be appropriate and the requestor's certification as to the truth of the foregoing statements. Prior to the approval of the written request form, the commission may also require the requestor to submit documentary evidence supporting the reason for the request. In lieu of completing a written request form for each record requested, the commission may permit a person to complete and submit for approval of the chief administrator or the chief administrator's designee, on a case by case basis, a written application form for participation in a public information program on an ongoing basis. The written application form shall bear notice that the making of false statements therein is punishable and shall include, but not be limited to, the applicant's name, address and telephone number; the nature of the applicant's business activity; a description of each of the applicant's intended uses of the information contained in the motor vehicle records to be requested; the number of employees with access to the information; the name, title, and signature of the authorized company representative; and any additional information determined by the chief administrator to be appropriate. The chief administrator may also require the applicant to submit a copy of its business credentials, such as a license to do business or a certificate of incorporation. Prior to approval by the chief administrator or the chief administrator's designee, the applicant shall certify in writing as to the truth of all statements contained in the completed application form. c. Personal information shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls or advisories; performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; maintenance of voter registration information; and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Automobile Information Disclosure Act, Pub.L.85-506, the Motor Vehicle Information and Cost Saving Act, Pub.L.92-513, the National Traffic and Motor Vehicle Safety Act of 1966, Pub.L.89-563, the Anti-Car Theft Act of 1992, Pub.L.102-519, and the Clean Air Act, Pub.L.88-206, and may be disclosed as follows: (1) For use by any government agency, including any court or law enforcement agency in carrying out its functions, or any private person or entity acting on behalf of a federal, State, or local agency in carrying out its functions. (2) For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and the removal of non-owner records from the original owner records of motor vehicle manufacturers. (3) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only: (a) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (b) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against the individual. (4) For use in connection with any civil, criminal, administrative or arbitral proceeding in any federal, State, or local court or agency or before any self-regulatory body, including service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, State, or local court. (5) For use in educational initiatives, research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals and, in the case of educational initiatives, only to organ procurement organizations as aggregated, non-identifying information. (6) For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting. (7) For use in providing notice to the owners of towed or impounded vehicles. (8) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the "Commercial Motor Vehicle Safety Act," 49 U.S.C.App.s.2710 et seq. (9) For use in connection with the operation of private toll transportation facilities. (10) For use by any requestor, if the requestor demonstrates it has obtained the notarized written consent of the individual to whom the information pertains. (11) For product and service mail communications from automotive-related manufacturers, dealers, and businesses if the commission has implemented methods and procedures to ensure that: (a) individuals are provided an opportunity, in a clear and conspicuous manner, to prohibit such uses; and (b) product and service mail communications from automotive-related manufacturers, dealers, and businesses will not be directed at individuals who exercise their option under subparagraph (a) of this paragraph. (12) For use by an organ procurement organization designated pursuant to 42 U.S.C. s.1320b-8 to serve in the State of New Jersey, or any donor registry established by any such organization, exclusively for the purposes of determining, verifying, and recording organ and tissue donor designation and identity. For these purposes, an organ procurement organization shall have electronic access at all times, without exception, to real-time organ donor designation and identification information. An organ procurement organization may also have information for research activities, pursuant to paragraph (5) of subsection c. of this section. (13) As provided in section 2 of P.L.2021, c.139 (C.39:2-3.9). (14) As provided in section 1 of P.L.2025, c.388 (C.18A:4-2.1). d. As provided by the federal "Drivers' Privacy Protection Act of 1994," Pub.L.103-322, a person authorized to receive personal information under paragraphs (1) through (10) of subsection c. of this section may resell or redisclose the personal information only for a use permitted by paragraphs (1) through (10) of subsection c. of this section subject to regulation by the commission. A person authorized to receive personal information under paragraph (11) of subsection c. of this section may resell or redisclose the personal information pursuant to paragraph (11) of subsection c. of this section subject to regulation by the commission. An organization authorized to receive personal information under paragraph (12) of subsection c. of this section may redisclose the personal information only for the purposes set forth in that paragraph. e. As provided by the federal "Drivers' Privacy Protection Act of 1994," Pub.L.103-322, a person authorized to receive personal information under this section who resells or rediscloses personal information covered by the provisions of P.L.1997, c.188 (C.39:2-3.3 et seq.) shall keep, for a period of five years, records identifying each person or entity that receives information and the permitted purpose for which the information will be used and shall make such records available to the commission upon request. Any person who receives, from any source, personal information from a motor vehicle record shall release or disclose that information only in accordance with P.L.1997, c.188 (C.39:2-3.3 et seq.). f. The release of personal information under this section shall not include an individual's social security number, except in accordance with applicable State or federal law. g. Notwithstanding any provision to the contrary, the commission shall not use or disclose to any federal, State, or local law enforcement any motor vehicle record containing personal information, or any personal information, as this term is defined in section 1 of P.L.1997, c.188 (C.39:2-3.3), for any purposes related to Title 8 of the United States Code without the informed consent of the applicant, a warrant signed by a State or federal judge, lawful court order, or subpoena, except that nothing in this section shall be construed to prohibit, or in any way restrict, any action where such prohibition or restriction would be contrary to federal law. When responding to a warrant, court order, or subpoena, the commission may disclose only those records or information specifically requested in the warrant, court order, or subpoena. L.1997, c.188, s.2; amended 2007, c.80, s.2; 2008, c.48, s.12; 2019, c.271, s.4, 2021, c.139, s.3; 2025, c.388, s.2.

N.J. Stat. § 39:2-3.4a Information, documentation required from applicant.

5. a. An applicant for a standard basic driver's license, standard motorcycle license, standard permit, standard probationary license, or standard non-driver identification card shall only be required to provide information or documentation necessary to determine eligibility for the standard basic driver's license, standard motorcycle license, standard permit, standard probationary license, or standard non-driver identification card for which the applicant has applied. This provision shall not prohibit voluntary submission of documents as a proof of identity to obtain a standard basic driver's license, standard motorcycle license, standard permit, standard probationary license, or standard non-driver identification card. Any application form for a standard basic driver's license, standard motorcycle license, standard permit, standard probationary license, or standard non-driver identification card shall not request or require an applicant to state the reason for which an applicant is ineligible to receive a social security number. b. The commission may not retain copies, scanned images, or records of any kind of primary or secondary documents submitted to establish eligibility to obtain a standard basic driver's license, standard motorcycle license, standard permit, standard probationary license, or standard non-driver identification card, in accordance with the point based identification verification program established pursuant to section 28 of P.L.2003, c.13 (C.39:2A-28), except when necessary for purposes of investigating identity fraud, driver's license fraud, or non-driver identification card fraud. c. The commission shall not disclose or otherwise make accessible for any purposes related to Title 8 of the United States Code any portion of any record that identifies whether or not the type of basic driver's license, motorcycle license, permit, probationary license, or non-driver identification card that a person has applied for complies with the provisions of the "REAL ID Act of 2005," Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder, except where: (1) the applicant provides written informed consent to the disclosure; (2) the requesting entity presents a warrant signed by a State or federal judge, lawful court order, or subpoena; (3) required by State or federal law; or (4) the disclosure is in connection with an audit or investigation of identity fraud, driver's license fraud, or non-driver identification fraud. L.2019, c.271, s.5.

N.J. Stat. § 39:2-3.5 Violation, fourth degree crime.

3. A person who knowingly obtains or discloses personal information from a motor vehicle record for any use not permitted under section 2 of P.L.1997, c.188 (C.39:2-3.4) is guilty of a crime of the fourth degree. L.1997,c.188,s.3.

N.J. Stat. § 39:2-3.6 Liability for civil action.

4. a. A person who knowingly obtains, discloses or uses personal information from a motor vehicle record for a purpose not permitted under this act shall be liable to the individual to whom the information pertains, who may bring a civil action in the Superior Court. b. The court may award: (1) actual damages, but not less than liquidated damages in the amount of $2,500; (2) punitive damages upon proof of willful or reckless disregard of the law; (3) reasonable attorney's fees and other litigation costs reasonably incurred; and (4) such other preliminary and equitable relief as the court determines to be appropriate. L.1997,c.188,s.4.

N.J. Stat. § 39:2-3.7 Construction of act.

5. Nothing in this act shall be construed as authorizing the division to obtain personal information, except as provided in subsection b. of section 2 of this act. L.1997,c.188,s.5.

N.J. Stat. § 39:2-3.8 Electronic, digital processing of motor vehicle transactions.

1. a. Whenever any law, rule or regulation requires or permits documents or information to be prepared by or submitted to the New Jersey Motor Vehicle Commission, the chief administrator may permit the documents or information to be prepared by or submitted to the commission in electronic or digital form, or processed electronically. In no event shall an individual be required to submit documents or information only in electronic or digital form; nor shall documents or information be made available to an individual only in electronic or digital form. Submission in electronic or digital form may be permitted pursuant to this section notwithstanding that any law, rule or regulation requires documents or information to be written or to be submitted in writing, specifies that documents or information be signed, certified, verified or witnessed, or otherwise explicitly or implicitly requires the preparation or submission of documents or information on paper or in written form. As used in this subsection, "individual" means a natural person. b. The chief administrator, after consultation with the State Records Committee, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), regulations specifying how the signature, verification, certification, witnessing or other formal requirements shall be met with respect to documents or information permitted to be prepared or submitted in electronic or digital form pursuant to this section and specifying such additional safeguards as the chief administrator deems necessary to protect the privacy, and prevent improper access to or disclosure, of any personal information as defined in section 1 of P.L.1997, c.188 (C.39:2-3.3) that may be transmitted in an electronic or digital form, or processed. Regulations adopted pursuant to this subsection may permit the use of digital signature technology for the signing of documents and other appropriate purposes. L.1999,c.149,s.1; amended 2021, c.462, s.9.

N.J. Stat. § 39:2-3.9 New Jersey Motor Vehicle Commission sharing certain information with non-profit organization to improve voter registration accuracy.

2. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, and to the extent not otherwise inconsistent with the federal "Drivers' Privacy Protection Act of 1994," Pub.L.103-322, and upon and consistent with a fully executed membership agreement, the New Jersey Motor Vehicle Commission may share confidential, personal, or personally identifiable information, excluding information unrelated to voter eligibility, for use by a non-profit organization comprised solely of United States territorial governmental units, states, and the District of Columbia for the purpose of improving the accuracy of voter registration information and increasing access to voter registration for eligible individuals. The sharing of that information shall not be considered a violation of any other State law. b. The sharing of information for the purpose provided in subsection a. of this section shall be deemed a permissible use of the information by the Department of State and the Division of Elections in carrying out their functions and a permissible use of the information by a private entity acting on behalf of the Department of State and the Division of Elections in carrying out their functions. The information shall be transmitted in a manner consistent with an applicable memorandum of understanding. c. The New Jersey Motor Vehicle Commission shall not share or transmit documentation or other information (1) concerning an individual who does not have a social security number or has submitted proof of identity to the commission using an Individual Taxpayer Identification Number, (2) that indicates that an individual is not a citizen of the United States, (3) that is a photo of a person, or (4) that includes a person's social security number beyond the last four digits thereof. The information shared, transmitted, or received pursuant to this section shall not be considered a government record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to government records. 2021, c.139, s.2.

N.J. Stat. § 39:2-4 Deputy director; powers; bonds; oath

The director shall appoint a deputy director for a term to correspond with his term of office. He shall assist the director in the administration and enforcement of this subtitle and have all the powers of the director when deputized by the director in the performance of such duties as the director may assign to him. He shall receive such compensation as shall be approved by the director and the president of the Civil Service Commission subject to availability of funds. The deputy director shall give bond, conditioned for the faithful discharge of his duties, in the sum of $50,000.00, which bond shall be approved by a judge of the Superior Court and filed with the State Treasurer. He shall also take an oath of office before a judge of the Superior Court, in form similar to that now required of the State Treasurer, which oath shall be filed with the Secretary of State. Amended by L.1953, c. 36, p. 618, s. 3; L.1962, c. 65, s. 9, eff. July 1, 1962.

N.J. Stat. § 39:2-9.1 Abolishment of positions of chief inspector, deputy chief inspector, inspector and special inspector

The positions in the Division of Motor Vehicles designated chief inspector, deputy chief inspector, inspector and special inspector are abolished. L.1983, c. 403, s. 1, eff. Dec. 23, 1983.

N.J. Stat. § 39:2-9.2 Reemployment rights

A person employed in a position designated as chief inspector, deputy chief inspector, inspector, special inspector or equivalent Civil Service classifications shall have the following reemployment rights: a. The person may be appointed, at his request and at the discretion of the superintendent of the Division of State Police, as a member of the State Police; or b. The person shall be reemployed by the State of New Jersey, as provided by the laws governing Civil Service. L.1983, c. 403, s. 2, eff. Dec. 23, 1983.

N.J. Stat. § 39:2-9.3 Appointment to state police

a. An appointment to the State Police under this act shall be in accordance with R.S. 53:1-8, except that upon satisfactory conclusion of the two-year appointment period specified in R.S. 53:1-8, the person appointed shall serve continuously as a member of the State Police during good behavior, notwithstanding the requirements of R.S. 53:1-8.1. b. A person appointed to the State Police under this act shall be ranked, approximately equivalent to his current salary range and step therein, by the superintendent, as adjusted by the State Treasurer, the President of the Civil Service Commission and the Director of the Division of Budget and Accounting. c. For the purposes of internal management only, the seniority of a person appointed to the State Police under this act shall be determined by the superintendent. d. No person appointed to the State Police under this act shall retain any entitlement upon retirement from the State Police to receive a lump sum payment as supplemental compensation for each full day of earned and unused accumulated sick leave, as authorized by section 1 of P.L.1973, c. 130 (C. 11:14-9). L.1983, c. 403, s. 3, eff. Dec. 23, 1983.

N.J. Stat. § 39:2-9.4 Qualifications of appointee

Notwithstanding the provisions of R.S. 53:1-9, the Superintendent of the Division of State Police may establish the qualifications of a person appointed to the State Police under this act. L.1983, c. 403, s. 4, eff. Dec. 23, 1983.

N.J. Stat. § 39:2-9.5 Transfer of pension contributions and reserves

The Boards of Trustees of the Police and Firemen's Retirement System and the Public Employees' Retirement System shall cause to be made any transfer of pension contributions and reserves to the State Police Retirement System of New Jersey necessary to implement the provisions of this act. L.1983, c. 403, s. 42, eff. Dec. 23, 1983.

N.J. Stat. § 39:2-9.6 Construction of act to preserve rights of tenure, civil service, pension or retirements

Except as otherwise provided in this act, nothing in this act shall be construed to deprive a person of tenure rights or of a right or protection under the laws concerning Civil Service, pension or retirement. L.1983, c. 403, s. 43, eff. Dec. 23, 1983.

N.J. Stat. § 39:2-9.7 State Agency Transfer Act; application to act

All of the provisions of this act, except as otherwise provided herein, shall be carried out in accordance with the "State Agency Transfer Act," P.L. 1971, c. 375 (C. 52:14D-1 et seq.). L.1983, c. 403, s. 44, eff. Dec. 23, 1983.

N.J. Stat. § 39:2-9.8 Construction of act concerning graduated driver licensing and driving schools.

12. The provisions of this act are not intended, nor shall they be construed or used, as a basis to privatize existing services or programs, or in any manner reduce the number of State employees performing driver testing duties in the Division of Motor Vehicles. L.2001,c.420,s.12.

N.J. Stat. § 39:2-10 Records and seal; authentication of documents

The director shall keep a record of all his official acts, shall preserve copies of all decisions, rules and orders made by him and shall adopt an official seal. Copies of any act, rule, order or decision made by him and of any paper filed in his office may be authenticated under such seal, at a cost not to exceed $5.00 for each authentication, and when so authenticated shall be evidence the same as the original. Amended by L.1975, c. 180, s. 1, eff. Jan. 1, 1976.

N.J. Stat. § 39:2-11 Office facilities and supplies

The state house commission shall provide suitable quarters for the department and shall furnish all necessary supplies and equipment for the proper enforcement of this subtitle.

N.J. Stat. § 39:2-13 Medical advisory panel

There is hereby created in the Division of Motor Vehicles a special study and advisory panel to be known as the medical Advisory Panel consisting of physicians licensed to practice medicine and surgery (including physicians specialty-board certified in internal medicine, psychiatry, neurology, physical medicine, and ophthalmology), licensed optometrists, and officials of the division supervising motor vehicle driver licensing. L.1977, c. 26, s. 1, eff. Feb. 24, 1977. Amended by L.1980, c. 37, s. 2, eff. June 19, 1980.

N.J. Stat. § 39:2-14 Appointments; term; reimbursement for expenses

The members of the panel shall be appointed by the Governor upon recommendations by the director and shall be in such number as the Governor and director shall deem appropriate. In recommending the physician and optometrist members, the director shall seek the advice and recommendations of the Medical Society of New Jersey with respect to the physician members, and the New Jersey Optometric Association with respect to the optometrist member or members. The panel and the members thereof shall serve at the pleasure of the Governor. They shall receive no compensation for their services but shall be reimbursed for the reasonable expenses actually incurred in the performance of their duties as approved by the director. L.1977, c. 26, s. 2, eff. Feb. 24, 1977.

N.J. Stat. § 39:2-15 Duties; recommendations; adoption by division

The Medical Advisory Panel shall study and review all medical criteria and vision standards applicable to the licensing of motor vehicle drivers by the division and recommend such additions and revisions thereof as it shall deem necessary and appropriate. Any such recommended additions and revisions may be adopted by the division on a trial basis to determine the necessity and validity thereof. The director may from time to time require panel members to give testimony at administrative hearings concerning applicants and licensees who may suffer from medical, vision, psychiatric, psychological or characterological disorders relating to a person's ability to safely operate a motor vehicle. L.1977, c. 26, s. 3, eff. Feb. 24, 1977. Amended by L.1980, c. 37, s. 3, eff. June 19, 1980.

N.J. Stat. § 39:2-16 Nonliability for civil damages as a result of providing reports, records, etc.

No member of the Medical Advisory Panel, the Director of the Division of Motor Vehicles or his employees, or any physician or optometrist licensed to practice in this State shall be liable for any civil damages as a result of providing any reports, records, examinations, opinions or recommendations pursuant to the act to which this act is a supplement. L.1980, c. 173, s. 1, eff. Dec. 29, 1980.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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