§ 39:3-29 — License, registration certificate and insurance identification; possession; exhibit upon request; violations; fine; defense; certain fines to Omnibus Safety Enforcement Fund.

39:3-29. The driver's license, the registration certificate of a motor vehicle, and an insurance identification card shall be in the possession of the driver or operator at all times when the driver or operator is in charge of a motor vehicle on the highways of this State. The driver or operator shall exhibit the driver or operator's driver's license and an insurance identification card, and the holder of a registration certificate or the operator or driver of a motor vehicle for which a registration certificate has been issued, whether or not the holder, driver, or operator is a resident of this State, shall also exhibit the registration certificate when requested so to do by a police officer or judge, while in the performance of the duties of their office, and shall write the driver or operator's name in the presence of the officer so that the officer may thereby determine the identity of the licensee and at the same time determine the correctness of the registration certificate, as it relates to the registration number and number plates of the motor vehicle for which it was issued, and the correctness of the evidence of a policy of insurance, as it relates to the coverage of the motor vehicle for which it was issued. The registration certificate or insurance identification card may be displayed or provided in either paper or electronic form. For the purposes of this section, "electronic form" means the display of images on an electronic device, such as a cellular telephone, tablet, or computer. The driver's license may be displayed or provided in either printed, hard-copy form or as a digital driver's license authorized pursuant to P.L.2025, c.115 (C.39:3-10q et al.) and, regardless of which form, as issued by the commission. If the driver's license is displayed or provided as a digital driver's license, the driver's license shall be presented in such a manner that there is no requirement to relinquish possession of the person's electronic device, such as a cellular telephone, tablet, or computer. A digital copy, photograph, or image of a driver's license that is not issued by the commission as a digital driver's license and downloaded on an electronic device, pursuant to the requirements of the commission, shall not be a valid electronic form of a driver's license under this section. The use of a cellular telephone, tablet, computer, or any other electronic device to display the driver's license, proof of registration, or proof of insurance does not constitute consent for a police officer or judge to access any other contents on the device. Any police officer or judge presented with an electronic device pursuant to this section shall be immune from any liability resulting from damage to the device. Any person violating this section shall be subject to a fine of $150, except that if the person is a driver or operator of an omnibus, as defined pursuant to R.S.39:1-1, the amount of the fine shall be $250. Of the amount of any such fine collected pursuant to this paragraph, $25 shall be deposited in the Uninsured Motorist Prevention Fund established by section 2 of P.L.1983, c.141 (C.39:6B-3). If a person charged with a violation of this section can exhibit the person's driver's license, insurance identification card, and registration certificate, which were valid on the day the person was charged, to the judge of the municipal court before whom the person is summoned to answer to the charge, such judge may dismiss the charge. However, the judge may impose court costs. A judge may permit a person charged with a violation of this section to provide a digital copy, photograph, or image of a valid driver's license, registration certificate, and insurance identification card for the purposes of this section and nothing in this section or in P.L.2025, c.115 (C.39:3-10q et al.) shall be construed to prohibit such an allowance by a judge. Nothing in this section or in P.L.2025, c.115 (C.39:3-10q et al.) shall be construed to prohibit a municipal prosecutor, court clerk, or court administrator from viewing a digital driver's license within the scope of their official duties related to this section. In addition to and independent of any fine or other penalty provided for under law, the court shall impose a fine of $150 on any driver or operator of an omnibus, convicted of a violation of this section, who does not have a certificate of public convenience and necessity as required pursuant to R.S.48:4-3. The State Treasurer shall annually deposit the monies collected from the fines imposed pursuant to this paragraph to the "Omnibus Safety Enforcement Fund" established pursuant to section 4 of P.L.2007, c.40 (C.39:3-79.23). The fine described herein shall not be deemed a fine, penalty, or forfeiture pursuant to R.S.39:5-41. amended 1972, c.200, s.1; 1981, c.242, s.1; 1983, c.403, s.10; 2003, c.89, s.78; 2007, c.40, s.2; 2015, c.54, s.1; 2021, c.258, s.2; 2025, c.115, s.10.