N.J. Admin. Code § 13:21-8.2A

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

Section 13:21-8.2A - REAL ID document age requirements; proof of identity and date of birth; proof that presence in United States is authorized under Federal law; proof of address

(a) A REAL ID document (special learner permit, examination permit, driver license, commercial driver license, or non-driver identification card) will indicate that it is acceptable for official purposes as determined by the Federal government. New Jersey allows each applicant to choose whether to apply for a REAL ID document (requirements are listed in this section) or a non-REAL ID document (requirements are listed in 13:21-8.2).

(b) Each applicant for a REAL ID-compliant special learner permit, examination permit, digitized driver license, commercial driver license, or non-driver identification card shall be required to furnish to the Commission proof of identity, principal residence, date of birth, and proof that the applicant's presence in the United States is authorized under Federal law. 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 in (c) below, as follows:

1. Each applicant must produce documents that 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 or license or non-driver identification card, if the Commission has reasonable cause to believe that a document is altered, false, or otherwise invalid.

7. An applicant who is not a United States citizen must also submit proof of continued legal status in the United States evidenced by a document listed in (c)1ii below or by a document issued by the United States Department of Homeland Security or another Federal agency that establishes the applicant's legal right to be in the United States as of the time the proof is presented.

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 alternate documentation that proves the applicant's identity or date of birth, or that the applicant's presence in the United States is authorized under Federal law.

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.

(c) The following are acceptable documents:

1. Primary documents:

i. An applicant for a REAL ID-compliant driver license or non-driver identification card 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
Unexpired United States passport	4
Unexpired REAL ID-compliant New Jersey digitized driver license	4
Valid REAL ID-compliant New Jersey non-driver digitized identification card	4
Certificate of Naturalization (Form N-550 or N-570)	4
Certificate of Citizenship (Form N-560 or N-561)	4
Unexpired REAL ID-compliant New Jersey special learner permit with digital image	4
Unexpired REAL ID-compliant New Jersey examination permit with digital image	4
REAL ID-compliant New Jersey probationary license with digital image	4
Current photo driver license of any other state of the United States including the District of Columbia that meets the requirements of 6 CFR Part 37	4
Current Permanent Resident Card (Form I-551) with expiration date and with United States Citizenship and Immigration Services (USCIS) verification	4
Unexpired foreign passport with USCIS verification and with valid record of arrival/departure (Form I-94)	4
Current photo employment authorization card (Form I-688B or I-766)	3
Current Permanent Resident Card (Form I-551) without expiration date and with USCIS verification	2

2. Secondary documents:

i. United States citizens and persons who are not United States citizens must submit at least one document from the list below:

Document	Value
Valid REAL ID-compliant New Jersey digitized driver license	4
Unexpired REAL ID-compliant New Jersey special learner permit with digital image	4
Unexpired REAL ID-compliant New Jersey examination permit with digital image	4
Valid REAL ID-compliant New Jersey probationary license with digital image	4
Current REAL ID-compliant photo driver license of any state of the United States including the District of Columbia	4
Legal name change court order signed by a judge or court clerk	3
Civil marriage or civil union certificate or divorce decree	3
United States adoption papers	3
Current United States military photo identification card	3
Current United States military dependent card	3
United States military photo retiree card	3
New Jersey firearm purchaser card	3
Valid United States government employee driver license	2
Valid United States government employee photo identification card	2
United States military discharge papers (DD214)	2
Federal Aviation Administration pilot license	2
United States school photo identification card with transcript or school records	2
United States college photo identification card with transcript	2
Current Non-REAL ID-compliant photo driver license of any state of the United States including New Jersey and 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)	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
Current health insurance card or current prescription card	1
Current employee identification card accompanied by a printed pay stub	1
Property tax statement, bill or receipt issued by a New Jersey municipality	1
High school certificate (written test waiver)	1
Veteran's Administration universal access photo identification card	1

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

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

2. A property tax bill, statement, or receipt within the last 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;

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

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

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

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

(e) Pursuant to 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) Each applicant must present for inspection acceptable proof of Social Security number documentation (which will be verified through the Social Security Online Verification system), which shall be either:

1. Social Security card;

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

3. Pay stub with applicant's name and Social Security number;

4. SSA-1099 form issued within the past year; or

5. Non-SSA-1099 form issued within the past year.

(g) 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 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.

(h) Any person from a foreign country who is in New Jersey for a period of one year or less and who would be entitled to operate a motor vehicle in this State pursuant to (g) above but for the fact that he or she is not the holder of a driver license from the country in which he or she resides shall be eligible to make application for a New Jersey driver license or permit. If a New Jersey driver license or permit is issued, the Commission shall fix the expiration date at a date based on the period in which the person is authorized to be present in the United States under Federal immigration laws. The Commission may renew the driver license or permit only if it is demonstrated that the person's continued presence in the United States is authorized under Federal law.

(i) 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 (g) 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.

(j) The Commission shall take a photo of each applicant for a new or renewed REAL ID compliant special learner permit with photo, examination permit with photo, driver license, commercial driver license, or non-driver identification card upon submission of the application.

(k) The Commission is authorized to scan all applications, declarations, and documents presented or accepted toward satisfying REAL ID document requirements. All scanned documents will be retained electronically in accordance with Division of Revenue and Enterprise Services (DORES) statutes and retention schedules.

N.J. Admin. Code § 13:21-8.2A

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

Amended by 49 N.J.R. 2546(a), effective 8/7/2017