N.J. Admin. Code § 13:21-8.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:21-8.2 - Standard driver license and identification card; age requirements; proof of identity and date of birth; proof of Social Security number; proof of New Jersey residency

(a) A standard document (special learner permit, examination permit, driver license, commercial driver license, or non-driver identification card) will indicate that it is not acceptable for REAL ID purposes as determined by the Federal government. New Jersey allows each applicant to choose whether to apply for a standard document (requirements are listed in this section) or a REAL ID document (requirements are listed at N.J.A.C. 13:21-8.2A). Applicants for a standard commercial driver license shall also meet the requirements at N.J.A.C. 13:21-23.

(b) Each applicant for a standard document (license, permit, or non-driver identification card) shall be required to furnish to the Commission, upon request, proof of identity and date of birth, and proof of New Jersey residency. Such proof may be established by submission of the original or certified (by the issuing authority) copy of the primary and/or secondary documents that are listed at (c) and (d) below, as follows:

1. Each applicant must produce documents which total at least six points.

2. Each applicant must present at least one primary document.

3. Each applicant must present at least one secondary document.

4. An applicant shall not submit more than two documents with a point value of one.

5. If discrepancies exist within or between documents submitted by an applicant, the Commission may require that the applicant submit additional documentation.

6. The Commission shall refuse to grant any permit, license, or non-driver identification card, if the Commission has reasonable cause to believe that a document is altered, false, or otherwise invalid. If the Commission is unable to verify the validity of a document issued by a country other than the United States, then the applicant shall provide verification from the applicable consulate.

7. Each applicant must submit proof of their Social Security number, as evidenced by a document listed at (c)3 below. However, if the applicant does not have a Social Security number, the applicant shall either:

i. Submit satisfactory proof of an Individual Taxpayer Identification Number, as evidenced by a document listed at (c)4 below; or

ii. Submit an affidavit certifying that they are ineligible for, and do not have, a Social Security number and do not have an Individual Taxpayer Identification Number. A form for this affidavit shall be provided by the Commission and shall be notarized, or signed in front of the Commission agent, and shall bear notice that the making of false statements therein is punishable by law.

8. For persons who, for reasons beyond their control, are unable to present all necessary documents and must rely on alternate documents to establish identity or date of birth, Commission-authorized personnel may review, approve, or accept documentation that proves the applicant's identity and date of birth.

9. The identity of the applicant shall be deemed to be the name recorded on the document(s) submitted to the Commission pursuant to this section unless evidence of a different name is established by the submission of a civil marriage or civil union certificate, divorce decree, or order of court.

10. The Commission reserves the right to make changes to the list of acceptable documents found in (c) below. Such changes will be posted on the Motor Vehicle Commission's website, www.njmvc.gov, and will be available at all motor vehicle agencies.

11. Documents that are not written in English shall be accompanied by a certified translation in English.

(c) The following are acceptable documents; all primary and secondary documents presented shall be valid, and current or expired for no more than three years:

1. Primary documents:

i. An applicant must submit at least one document from the following list:

Document	Value
United States or United States Territory birth certificate or certified copy filed with a state office of vital statistics or equivalent agency in the individual's state of birth	4
United States Department of State birth certificate (Form FS-545 or DS-1350)	4
United States Department of State Consular Report of Birth Abroad (Form FS-240)	4
United States adoption papers	4
United States passport	4
New Jersey digitized driver license	4
New Jersey non-driver digitized identification card	4
United States military photo identification (Common Access Card)	4
Original birth certificate from any country	4
Photo driver license issued by country other than the United States, must be presented with another government-issued document	4
Photo driver license issued by any state, including the District of Columbia	4
Certificate of Naturalization (Form N-550, N-570 or N-578)	4
Certificate of Citizenship (Form N-560, N-561 or N-645)	4
Special learner's permit with digitized image	4
Examination permit with digitized image	4
Probationary license with digitized image	4
Permanent Resident Card (Form I-551)	4
Government-issued passport from applicant's country of citizenship	4
Identification card issued by a consulate or national government .	4
Refugee Travel Document (Form I-571)	4
United States Re-entry Permit (Form I-327)	4
I-94 stamped "Refugee," "Parolee," "Asylee," or "Notice of Action" (Form I-797 approved petition) by USCIS	4
I-94 with attached photo stamped "Processed for I-551..." by USCIS	4
Photo employment authorization card (Form 1-688B or I-766) (must be presented with a valid Social Security card or proof of an ITIN)	4
Photo Temporary Resident Card (Form I-688)	4

2. Secondary documents:

i. Applicants must submit at least one document from the list below:

Document	Value
New Jersey digitized driver license	3
Special learner's permit with digitized image	3
Examination permit with digitized image	3
Probationary license with digitized image	3
Photo driver license issued by another state, including the District of Columbia	3
Legal name change court order signed by a judge or court clerk	3
Civil marriage or civil union license or certificate or divorce decree	3
Document issued by United States Department of Homeland Security	3
United States Uniformed Services photo identification card	3
United States Civilian Retiree photo identification card	3
Veteran's Administration universal access photo identification card	3
Official school or college photo identification card with transcript or school records (with applicant's date of birth) from any country	3
New Jersey firearm purchaser card	3
United States government employee driver license	2
United States government employee photo identification card	2
United States military discharge papers (DD214)	2
Federal Aviation Administration pilot license	2
Certified adoption records from a country other than the United States	2
New Jersey Department of Corrections ID card	2
Driving privilege card with photo issued by another state or municipality, including the District of Columbia	1
State professional license	1
New Jersey public assistance card with photo	1
Social Security card with Social Security Administration (SSA) verification	1
High school diploma or GED (general equivalency diploma), college diploma, or trade school degree, from any country	1
Bank statement/record (cannot be submitted in conjunction with ATM card)	1
ATM (automated teller machine) card with preprinted name and applicant's signature (cannot be submitted in conjunction with bank statement)	1
Health insurance card or prescription card	1
Employee identification card accompanied by a printed pay stub from applicant's employment in the United States	1
Property tax statement, bill or receipt issued by a New Jersey municipality	1
High school certificate (written test waiver)	1

3. An applicant may submit any of the following documents to establish proof of Social Security number:

i. Social Security card (no copies or laminations);

ii. W-2 form issued within the past year;

iii. Pay stub (must include full name and full Social Security number) issued within the past year;

iv. SSA-1099 form (issued within the past year); or

v. Non-SSA-1099 form (issued within the past year).

4. An applicant may submit any of the following documents as acceptable proof of an Individual Taxpayer Identification Number:

i. Official document from the IRS or the New Jersey Division of Taxation displaying applicant's name and ITIN;

ii. ITIN card (no copies or laminations); or

iii. New Jersey income tax refund displaying ITIN.

(d) Each applicant must present for inspection one acceptable proof of principal residence document, which may be, but is not limited to, the following:

1. A utility or credit card bill displaying applicant's name at current address, issued within last 90 days;

2. A property tax bill, statement, or receipt issued within the past year;

3. Any letter or correspondence (including tax bills) received from the Federal Internal Revenue Service or any state tax office within the past year, including a New Jersey income tax refund displaying applicant's address;

4. A high school or college report card or transcript within past two years (must contain address);

5. An original, unexpired lease or rental agreement with the name of the applicant listed as the lessee or renter;

6. First class mail from any government agency within six months, including a Commission-issued driver license renewal form;

7. A checking or savings account statement (bank or credit union) issued within the last 60 days;

8. A certification, verifying the address of an applicant under 18 years of age who does not have their own proof of address verification, from a parent or guardian; or

9. A deed or title to real property displaying applicant's name.

(e) Pursuant to N.J.S.A. 39:3-9b, victims of domestic violence and other specified crimes, and those the Chief Administrator determines to have good cause may show a mailing address on documents in this list as a post office box, an address other than the applicant's address, or other contact point as acceptable proof of principal residence.

(f) Any person from a foreign country who is in New Jersey for a period of one year or less may operate a motor vehicle in this State if he or she is the holder of a current driver's license in good standing from the country in which he or she resides provided that such license authorizes operation of the class of vehicle to be operated in this State. The Chief Administrator may deny, suspend or revoke the driving privilege conferred by this subsection for violation of any of the provisions of Title 39 of the Revised Statutes or on other reasonable grounds upon notice and an opportunity to be heard pursuant to the procedures in N.J.A.C. 13:19-1.

(g) The Commission shall not issue a driver license or permit to a person who is entitled to operate a motor vehicle in this State pursuant to (f) above or who is entitled to operate a motor vehicle in this State under a reciprocity privilege granted by any law, unless said reciprocity privilege is revoked or terminated by the establishment of residence in this State and the surrender of said person's current out-of-State driver license to the Commission upon issuance of a New Jersey driver license.

(h) The Commission shall take a photo of each applicant for a new or renewed standard special learner permit with photo, examination permit with photo, driver license, commercial driver license, or non-driver identification card upon submission of the application, except that the Commission may use a stored photo twice to renew a standard driver license for a period not exceeding eight additional years.

(i) Commission staff members are authorized to scan all applications presented or accepted toward satisfying document requirements. All scanned images will be retained electronically in accordance with N.J.S.A. 47:3-15et seq., and N.J.A.C. 15:3-2.1 through 2.7 and 4.1 through 4.11. Commission staff members may not retain copies, scanned images, or records of any kind of primary or secondary documents submitted to establish eligibility to obtain a standard document, except when necessary for purposes of investigating identity fraud, driver's license fraud, or non-driver identification card fraud pursuant to N.J.S.A. 39:2-3.4.a.

N.J. Admin. Code § 13:21-8.2

Amended by 48 N.J.R. 1952(a), effective 9/19/2016

Amended by 48 N.J.R. 1955(a), effective 9/19/2016

Administrative Change, 51 N.J.R. 1473(a).

Amended by 53 N.J.R. 251(a), effective 2/16/2021

Amended by 53 N.J.R. 939(a), effective 5/17/2021