
Below The Law As Written
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No person whose motor vehicle registration has been revoked shall operate or permit the operation of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:
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); See Below for additional possible penalties.
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); See below for additional possible penalties.
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); See below for additional possible penalties.
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;
Additional Penalties May Apply:
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.In addition to the other applicable penalties provided under this section, a person violating this section
whose license has been suspended pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the
regulations adopted thereunder, shall be fined $3,000. The court shall waive the fine upon proof that the
person has paid the total surcharge imposed pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the
regulations adopted thereunder. Notwithstanding the provisions of R.S.39:5-41, the fine imposed pursuant
to this subsection shall be collected by the Motor Vehicle Commission pursuant to section 6 of P.L.1983,
c.65 (C.17:29A-35), and distributed as provided in that section, and the court shall file a copy of the
judgment of conviction with the chief administrator and with the Clerk of the Superior Court who shall enter
the following information upon the record of docketed judgments: the name of the person as judgment
debtor; the commission as judgment creditor; the amount of the fine; and the date of the order. These
entries shall have the same force and effect as any civil judgment docketed in the Superior Court;
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 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 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;
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.
39:3-40.1. Revocation of registration certificate, plates
2. a. Any motor vehicle registration certificate and registration plates shall be revoked if a person is
convicted of violating the provisions of:
(1)subsection a. of R.S.39:3-40 for operating a motor vehicle during a period when that violator's driver's
license has been suspended for a violation of R.S.39:4-50;
(2)subsection b. or c. of R.S.39:3-40 for operating a motor vehicle during a period when that violator's
driver's license has been suspended within a five-year period; or
(3)R.S.39:4-50 for a second or subsequent offense, if such revocation is ordered by the court as
authorized under that section.
This revocation of registration certificate and registration plates shall apply to all passenger automobiles
and motorcycles owned or leased by the violator and registered under the provisions of R.S.39:3-4 and all
noncommercial trucks owned or leased by the violator and registered under the provisions of section 2 of
P.L.1968, c.439 (C.39:3-8.1), including those passenger automobiles, motorcycles and noncommercial
trucks registered or leased jointly in the name of the violator and the other owner of record.
b.At the time of conviction, the court shall notify each violator that the person's passenger automobile,
motorcycle, and noncommercial truck registrations are revoked. Notwithstanding the provisions of
R.S.39:5-35, the violator shall surrender the registration certificate and registration plates of all passenger
automobiles, motorcycles, and noncommercial truck registrations subject to revocation under the
provisions of this section within 48 hours of the court's notice. The surrender shall be at a place and in a
manner prescribed by the Director of the Division of Motor Vehicles pursuant to rule and regulation. The
court also shall notify the violator that a failure to surrender that vehicle registration certificate and
registration plates shall result in the impoundment of the vehicle in accordance with the provisions of
section 4 of P.L.1995, c.286 (C.39:3-40.3) and the seizure of said registration certificate and registration
plates. The revocation authorized under the provisions of this subsection shall remain in effect for the
period during which the violator's license to operate a motor vehicle is suspended and shall be enforced
so as to prohibit the violator from registering or leasing any other vehicle, however acquired, during that
period.
c.If the violator subject to the penalties set forth in subsections a. and b. of this section for conviction of
violating the provisions of R.S.39:3-40 was operating a motor vehicle owned or leased by another person
and that other owner or lessee permitted that operation with knowledge that the violator's driver's license
was suspended, the court shall suspend the person's license to operate a motor vehicle and revoke the
registration certificate and registration plates for that vehicle for a period of not more than six months.
Notwithstanding the provisions of R.S.39:3-35, the owner or lessee shall surrender the registration
certificate and registration plates of that vehicle within 48 hours of the court's notice of revocation. The
surrender shall be at a place and in a manner prescribed by the Director of the Division of Motor Vehicles
pursuant to rule and regulation. The court also shall notify the owner or lessee that a failure to surrender
the revoked registration certificate and registration plates shall result in the impoundment of the vehicle in
accordance with the provisions of section 4 of P.L.1995, c.286 (C.39:3-40.3) and the seizure of said
registration certificate and registration plates. Nothing in this subsection shall be construed to limit the
court from finding that owner or lessee guilty of violating R.S.39:3-39 or any other such statute concerning
the operation of a motor vehicle by an unlicensed driver.
39:3-40.2. Issuance of temporary registration certificate, plates
3. a. The director may issue a temporary registration certificate and temporary registration plates for a
motor vehicle for which the registration certificate and registration plates have been revoked under the
provisions of section 2 of P.L.1995, c.286 (C.39:3-40.1) if:
(1)the name of the applicant for the temporary registration appeared upon the revoked registration
certificate as a joint owner or joint lessee of the motor vehicle; or
(2)the applicant for the temporary registration is the spouse, child, dependent, parent or legal guardian of
the violator or owner and certifies, in a manner prescribed by the director, that the operation of the motor
vehicle is necessary for specified employment, educational, health or medical purposes.
The application shall be in a manner and form prescribed by the director. The application also shall
include a signed certification that the applicant shall not knowingly permit the violator to operate the motor
vehicle until the violator's license and driving privileges have been restored by the director and that any
violation of this provision shall result in the revocation of the temporary registration issued for the motor
vehicle under the provisions of this section, that the motor vehicle shall be ineligible for the temporary
registration authorized under this act, and that the motor vehicle may be impounded in accordance with
the provisions of section 4 of P.L.1995, c.286 (C.39:3-40.3) and the temporary registration certificate and
temporary registration plates seized.
b.The director shall issue a temporary registration certificate and temporary registration plates for a motor
vehicle registered under the provisions of this section. As prescribed by the director, the temporary
registration plates shall bear a special series of numbers or letters so as to be readily identifiable by law
enforcement officers.
c.The director may issue a new registration to a lessor of a vehicle for which the registration has been
revoked pursuant to section 2 of P.L.1995, c.286 (C.39:3-40.1) provided that the vehicle is not leased to
the same lessee.
d.The temporary registration authorized under this section shall expire and become void on the last day of
the sixth month following the calendar month in which it was issued. All such temporary registrations may
be renewed, upon application, by the director.
The fee schedule for the temporary registration authorized under this section shall be prescribed by the
director. The schedule may provide for differing fees based upon the manufacturer's shipping weight and
the model year of the motor vehicle; provided, however, that no such temporary registration fee shall
exceed $75. The registrant also shall pay a non-recurring $25 fee for the temporary registration plates
issued by the director.
Helping Suspended Drivers Get Not Guilty Verdicts FREE CONSULTATION 1-800-9-RIGHTS
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H. Scott Aalsberg, Esq., P.C. Attorneys at Law Main Office: 39 Milltown Road 2nd Floor, East Brunswick, N.J. 08816 1-800-9-RIGHTS or (732) 257-5040
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H. SCOTT AALSBERG, ESQ., P.C.
Attorneys at Law
If You Are Caught Drinving While Suspended You Could Face:
- Up to 5 Years In Jail
- Additional Loss of License
We Can Help! Don't Let This Happen To You! Call 1-800-9-RIGHTS Now And Learn How We Can Help You
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