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AN ORDINANCE AMENDING TITLE VIII ENTITLED "BUSINESSES AND OCCUPATIONS" OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, TO CREATE NEW CHAPTER 8:43 ENTITLED "DRIVING SCHOOL REGISTRATION" TO PROMOTE IMPROVED STREET SAFETY IN THE CITY OF NEWARK'S PUBLIC RIGHT-OF WAY.
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WHEREAS, pursuant to New Jersey Statute and the New Jersey Administrative Code, the State of New Jersey Motor Vehicle Commission (NJMVC) regulates and approves licenses to operate driving schools and to provide driver training instructions within the state of New Jersey; and
WHEREAS, the law does not provide for any authority for local municipalities to license or otherwise regulate driving schools. The New Jersey Administrative Code at N.J.A.C. 13:23-2.1 solely authorizes the Chief Administrator of the New Jersey Division Motor Vehicle Commission to regulate the operation of driving schools as follows:
Section 13:23-2.1 - Licenses
(a) Every person proposing to engage in the business of conducting a driving school shall be licensed by the Chief Administrator prior to engaging in such business.
(b) A driving school license, either initial or renewal, shall not be issued unless at least one motor vehicle, which is owned or leased by the driving school and registered in the name of the driving school or the lessor, is insured and equipped in accordance with 13:23-2.28.
(c) A license, either initial or renewal, shall not be issued until compliance with the conditions in this subchapter has been effected.
(d) In accordance with 39:12-2, a driving school license, either initial or renewal, shall not be issued unless an owner of the driving school or an employee thereof is a qualified supervising instructor. In accordance with 39:12-2.1, a person shall receive hour-for-hour credit from the Commission for the person's behind the-wheel instructional experience in a public or non-public secondary school toward the fulfillment of the behind-th...
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