We affirm the judgment below, substantially for the reasons expressed in the opinion of the Appellate Division, reported at 418 N.J.Super. 559,
Plaintiffs challenge L. 2009, c. 37 (“Chapter 37”), called “Kyleigh’s Law,” which amended N.J.S.A. 39:3-13, the statute that codifies New Jersey’s graduated driver’s license system. Chapter 37 requirеs individuals who are driving pursuant to special learner’s permits, N.J.S.A. 39:3-13.2a(a), examination permits, N.J.S.A. 39:3-13, and probationary licenses, N.J.S.A. 39:3-13.4(f), to display “removable, transferable, highly visible, reflective decals” on their vehicles. L. 2009, c. 37. As construed by the New Jersey Motor Vehicle Commission, Chapter 37 applies only to drivers under twenty-one years of age.
We concur with the Appellate Division panel’s decision rejecting the three grounds asserted by plaintiffs in their challenge to Chapter 37. We hold that Chapter 37 neither contravenes nor is preempted by the federal Driver’s Privacy Protection Act, 18 U.S.C.A. §§ 2721-2725. Chapter 37 requires the disclosure of nothing more than the fact that a driver is under twenty-one and is the holder of a special learnеr’s permit, examination permit or probationary license. N.J.S.A. 39:3-13.2a(a); N.J.S.A. 39:3-13; N.J.S.A. 39:3-13.4(f). The driver’s age group constitutes neither “highly restricted personal information” within the meaning of 18 U.S.C.A. § 2725(4), nor “personal information” within the
We also concur with the panel’s rejection of plaintiffs’ equal protection arguments based on federal and state law. U.S. Const. amend. XIV, § 1; N.J. Const, art. I, H1. The focus of this argument is an alleged disparity between the treatment of drivers covered by Chapter 37 and young drivers licensed in other states who are permitted by N.J.S.A 39:3-15 to -17 to drive in New Jersey. Plaintiffs contend these two groups are similarly situated.
Under the federal equal protection clause, absent an impact on a fundamental right or targeting of a suspect class, a statute must be upheld “so long as it bears a rational relation to some legitimate end.” Romer v. Evans, 517 U.S. 620, 631, 116 S.Ct. 1620, 1626,
Chapter 37 similarly satisfies Article I, Paragraph 1 of the New Jersey Constitution. Under our Constitution, we “apply a balancing test which cоnsiders the nature of the right affected, the extent to which the government action interferes with that right, and the public need for such interference.” Doe v. Poritz, 142 N.J. 1, 94,
Finally, we agree with the Appellate Division panel’s conclusion that Chapter 37 does not give rise to an unreasonable sеarch and seizure in violation of the Fourth and Fourteenth Amendments of the U.S. Constitution or Article I, Paragraph 7 of the New Jersey Constitution. Both provisions “safeguard the privacy and security of individuals against arbitrary invasions by governmental officials.” Camara v. Mun. Court of S.F., 387 U.S. 523, 528, 87 S.Ct. 1727, 1730,
As the Appellatе Division panel properly held, the young drivers subject to Chapter 37 have no reasonable expectation of privacy in their age group, because a driver’s age group can generally be determined by his or her physical appearance, which is routinely exposed to public view. See United States v. Dionisio, 410 U.S. 1, 14, 93 S.Ct. 764, 771,
As the Appellate Division properly noted, an officer’s decision to stop a car bearing a decal required by Chapter 37 is subject to the same constitutional requirement as stops of other vehicles: “[a] lawful stop of an automobile must be based on reasonable and articulable suspicion that an offense, including a minor traffic offensе, has been or is being committed.” State v. Carty, 170 N.J. 632, 639-40,
[jjudging whether a statute is effective is a matter for policymakers. We do not pass judgment on the wisdom of a law or render an opinion on whether it represents sound social policy. That is the prerogative of our elеcted representatives. We must confine our review to the constitutionality of the statute.
[178 N.J. 460, 476,842 A.2d 125 (2004) (internal citations omitted).]
See also Lourdes Med. Ctr. of Burlington Cnty. v. Bd. of Review, 197 N.J. 339, 366,
Those principles govern our review of this case. The pоlicy arguments for and against Chapter 37 are not for this Court to consider, but are properly made before the Legislature. It is not our province to determine the wisdom of this statute, or to weigh its value to police officers in enforcing N.J.S.A. 39:3-13 against any safety concerns that are raised by the decal requirement. Those arguments may be made before the Legislature, but they have no impact on the Court’s analysis today.
The judgment of the Appellate Division is affirmed.
For affirmance — Chief Justice RABNER and Justices LaVECCHIA, ALBIN, HOENS, PATTERSON and Judge WEFING (temporarily assigned) — 6.
Opposed — None.
Notes
The Appellаte Division panel correctly dismissed plaintiffs' equal protection contentions regarding a second group of drivers alleged by plaintiffs to be similarly situated to the drivers covered by Chapter 37: New Jersey drivers who are temporarily living or serving in the military out-of-state and obtain temporary licenses pursuant to N.J.S.A. 39:3-1 On. That statute authоrizes the issuance of temporary licenses to New Jersey "licensees,” ibid., and accordingly addresses a group that is not similarly situated to the drivers governed by Chapter 37’s decal requirement.
