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Article 19 - NY Vehicle and Traffic Law
LICENSING OF DRIVERS
| Section |
Description |
| 501 | Drivers' licenses and learners' permits. |
| 501-a | Definitions. |
| 501-b | Additional restrictions on certain learners' permits and drivers' licenses. |
| 502 | Requirements for licensing. |
| 502-a | Determination of weights applicable to license requirements. |
| 503 | Period of validity of drivers'licenses, learners' permits and applications; required fees. |
| 504 | Form of license. |
| 505 | Duplicate and amended licenses and permits; change of address. |
| 506 | Reexamination of licensees. |
| 507 | Miscellaneous provisions. |
| 508 | Administrative procedures. |
| 509 | Violations. |
S 501. Drivers' licenses and learners' permits. 1. The commissioner
shall issue classified drivers' licenses as provided in this article.
Any such license shall be valid only for the operation of the type of
vehicles specified for each such class of license but shall not be valid
for the operation of any type of vehicle for which an endorsement is
required by this section or regulations promulgated hereunder unless the
license contains such endorsement and shall be subject to any
restrictions contained thereon.
2. Driver license classifications, endorsements and restrictions and
exceptions. (a) License classifications. (i) Class A. Such license shall
be valid to operate any motor vehicle or any combination of vehicles
except it shall not be valid to operate a motorcycle other than a class
B or C limited use motorcycle.
(ii) Class B. Such license shall be valid to operate any vehicle or
combination of vehicles which may be operated with a class E license and
shall be valid to operate any motor vehicle or any such vehicle, other
than a tractor, towing a vehicle having a GVWR of not more than ten
thousand pounds except it shall not be valid to operate a motorcycle
other than a class B or C limited use motorcycle.
(iii) Class C. Such license shall be valid to operate any vehicle or
combination of vehicles which may be operated with a class E license and
shall be valid to operate any motor vehicle with a GVWR of not more than
twenty-six thousand pounds and any such vehicle towing another vehicle
with a GVWR of not more than ten thousand pounds except it shall not be
valid to operate a tractor or a motorcycle other than a class B or C
limited use motorcycle.
(iv) Class D. Such license shall be valid to operate any passenger or
limited use automobile or any truck with a GVWR of not more than
twenty-six thousand pounds or any such vehicle towing a vehicle with a
GVWR of not more than ten thousand pounds, or any such vehicle towing
another vehicle with a GVWR of more than ten thousand pounds provided
such combination of vehicles has a GCWR of not more than twenty-six
thousand pounds, or any personal use vehicle with a GVWR of not more
than twenty-six thousand pounds or any such vehicle towing a vehicle
with a GVWR of not more than ten thousand pounds, except it shall not be
valid to operate a tractor, a motorcycle other than a class B or C
limited use motorcycle, a vehicle used to transport passengers for hire
or for which a hazardous materials endorsement is required, or a vehicle
defined as a bus in subdivision one of section five hundred nine-a of
this title.
(v) Class E. Such license shall be valid to operate only vehicles
which may be operated with a class D license, except that in addition it
shall be valid to operate any such motor vehicle, other than a vehicle
defined as a bus in subdivision one of section five hundred nine-a of
this chapter, used to transport up to fourteen passengers for hire.
(vi) Class DJ. Such license shall be valid to operate only vehicles
which may be operated with a class D license by a person under eighteen
years of age, except it shall not be valid to operate a motor vehicle
with an unladen weight or a GVWR of more than ten thousand pounds or any
motor vehicle towing another vehicle with an unladen weight or GVWR of
more than three thousand pounds. Such license shall automatically become
a class D license when the holder becomes eighteen years of age.
(vii) Class M. Such license shall be valid to operate any motorcycle,
or any motorcycle, other than a limited use motorcycle, towing a
trailer.
(viii) Class MJ. Such license shall be valid to operate any motorcycle
or limited use motorcycle by a person under eighteen years of age. Such
license shall automatically become a class M license when the holder
becomes eighteen years of age.
(b) Endorsements. The following endorsements shall be required to
operate vehicles as set forth herein. In addition the commissioner by
regulation may provide for further endorsements.
(i) T endorsement. Shall be required to operate double and triple
trailers.
(ii) H endorsement. Shall be required to transport hazardous materials
as defined in section one hundred three of the hazardous materials
transportation act, public law 93-633, title I, when the vehicle
transporting such materials is required to be placarded under the
hazardous materials regulation, 49 CFR part 172, subpart F or is
transporting any quantity of material listed as a select agent or toxin
in 42 CFR part 73. An applicant for a commercial driver's license in
this state who wishes to transport hazardous materials must obtain a New
York state hazardous materials endorsement even if such applicant holds
a valid hazardous materials endorsement issued by another state. A farm
vehicle shall be exempt from the requirement for such endorsement when
transporting hazardous materials within one hundred fifty miles of the
person's farm. However, a separate non-commercial endorsement shall be
required for such exempted transportation. In order to obtain such
endorsement, the license holder must submit fingerprints for purposes of
a criminal history record check pursuant to subdivision six of this
section.
(iii) N endorsement. Shall be required to operate tank vehicles.
(iv) P endorsement. Shall be required to operate a bus as defined in
sections one hundred four and five hundred nine-a of this chapter.
(v) X endorsement. Shall be an endorsement combining H and N
endorsements.
(vi) Farm endorsement. Shall be required to operate a farm vehicle or
a combination of farm vehicles which may not be operated with a class C,
D or E license. The identification and scope of any such endorsement or
endorsements shall be as prescribed by regulation of the commissioner.
Such identification and scope shall, at a minimum, include a distinction
between the operation of a farm vehicle having a GVWR of more than
twenty-six thousand pounds within one hundred fifty miles of the
person's farm and the operation of a combination of farm vehicles having
a GVWR of more than twenty-six thousand pounds within one hundred fifty
miles of the person's farm.
(vii) Personal use vehicle endorsement. Shall be required to operate a
personal use vehicle or a combination of personal use vehicles which may
not be operated with a class C, D or E license. The identification and
scope of any such endorsement or endorsements shall be as prescribed by
regulation of the commissioner, but no such endorsement shall permit the
operation of a rental truck towing a vehicle with a GVWR of more than
ten thousand pounds.
(viii) W endorsement. Shall be required to operate a tow truck.
(ix) Metal coil endorsement. Shall be required to operate any
commercial motor vehicle, as defined in subdivision four of section five
hundred one-a of this article, carrying metal coils. The identification
and scope of such endorsement shall be as prescribed by regulation of
the commissioner.
(x) S endorsement. Shall be required to operate a school bus, as
defined in section one hundred forty-two of this chapter, which is
designed or used to transport fifteen or more passengers.
(c) Restrictions. Notwithstanding the foregoing provisions of this
subdivision, the operation of vehicles may be limited by a restriction
or restrictions placed on a license. The following restrictions may be
issued by the commissioner based upon the representative vehicle in
which the road test was taken, or if the license is issued based on
driving experience, the vehicle in which the experience was gained. In
addition, the commissioner may by regulation provide for additional
restrictions based upon other types of vehicles or other factors deemed
appropriate by the commissioner.
(i) A restriction prohibiting the operation of a vehicle with air
brakes.
(ii) A restriction limiting the operation of a combination of vehicles
to truck-trailer combinations.
(iii) A restriction limiting operation to vehicles of not more than a
specified GVWR.
(d) Exceptions. (i) Notwithstanding the foregoing provisions of this
subdivision, a motor vehicle or combination of vehicles, other than a
motorcycle, that is (A) a military vehicle operated by a member of the
armed forces, or (B) a police vehicle or fire vehicle during its use in
an emergency operation as defined in section one hundred fourteen-b of
this chapter, or in the performance of official duties, or activities
related to the execution of emergency governmental functions pursuant to
section 383.3 (d)(2) of title 49 of the code of federal regulations, or
(C) a vehicle owned and identified as being owned by the state or a
political subdivision thereof or an ambulance service as defined in
subdivision two of section three thousand one of the public health law
or a voluntary ambulance service as defined in subdivision three of such
section and used to provide emergency medical service as defined in
section three thousand one of the public health law, or to perform
official duties, or activities related to the execution of emergency
governmental functions pursuant to section 383.3 (d)(2) of title 49 of
the code of federal regulations, may be operated with any class license
other than a class DJ, M or MJ license. For the purposes of this
paragraph the term "member of the armed forces" shall include active
duty military personnel; members of the reserve components of the armed
forces; members of the national guard on active duty, including
personnel on full time active guard duty, personnel on part-time
national guard training, and national guard military technicians
(civilians who are required to wear military uniforms); and active duty
United States coast guard personnel. The term shall not include United
States reserve technicians. Notwithstanding the provisions of section
one hundred fourteen-b of this chapter, for the purposes of this
subparagraph, the term "emergency operation" shall include returning
from emergency service.
(ii) Notwithstanding the foregoing provisions of this subdivision, a
motor vehicle or combination of vehicles which is designed and primarily
used for purposes other than the transportation of persons or property
which is excluded from the definition of commercial motor vehicle
pursuant to the provisions of subparagraph (iv) of paragraph (a) of
subdivision four of section five hundred one-a of this chapter may be
operated with any class license other than a class DJ, M or MJ license.
3. Restrictions on use of class DJ and class MJ licenses. A class DJ
or class MJ license shall permit the holder to operate a vehicle in
accordance with the following restrictions:
(a) in the counties of Nassau and Suffolk:
(i) for the purpose of driving to and from a state-approved
cooperative work-study educational program, or to or from an approved
program for credit in a post-secondary institution, or to or from a
state-approved registered evening high school or while engaged in farm
employment, or to or from an approved driver education course; or
(ii) from five o'clock in the morning to nine o'clock in the evening,
to and from a place of business where the holder is regularly employed,
or when accompanied by a duly licensed parent, guardian, person in a
position of loco parentis, driver education teacher, or driving school
instructor.
(b) in all other areas of the state, except for the city of New York:
(i) from five o'clock in the morning to nine o'clock in the evening;
or
(ii) from nine o'clock in the evening to five o'clock in the morning
when going to or from school, or to or from a place of business where
the holder is employed on a regularly scheduled basis, or when
accompanied by a duly licensed parent, guardian or one in a position of
loco parentis to the licensee.
(c) in the city of New York, driving shall be prohibited.
(d) for the purpose of this subdivision, the term "school" shall mean
instruction, education or training licensed or approved by a department
or agency of the state or training conducted by the armed forces of the
United States except it shall not include extra-curricular activities or
social events for which scholastic credits are not given.
(e) any person operating a motor vehicle to or from school or to or
from a place of business as authorized by this subdivision must possess
documentation signed by such person's instructor or employer. The
commissioner shall, by regulation, prescribe the form and content of
such documentation.
4. Probationary licenses. Any driver's license, other than a class DJ
and class MJ license, shall be considered probationary until the
expiration of six months following the date of issuance thereof, and
thereafter as provided in section five hundred ten-b of this title, but
this subdivision shall not apply to renewals of a license, or, unless so
provided by the commissioner, to a license for which a road test has
been waived by the commissioner.
5. Learners' permits. (a) The commissioner shall issue learner's
permits as provided in this article. Such permit shall be valid only
(i) for the operation of a motor vehicle of a type which could be
operated by the holder of the class of license for which application is
being made;
(ii) when the holder is under the immediate supervision and control of
a person at least twenty-one years of age who holds a license valid in
this state for the operation of the type of vehicle being operated; and
(iii) in accordance with any additional restrictions prescribed by the
commissioner and noted on such permit.
(b) In addition to the restrictions contained in paragraph (a) of this
subdivision, a learner's permit issued to a person applying for a class
DJ or class MJ license shall be subject to the restrictions contained in
section five hundred one-b of this article and shall not be valid for
the operation of any motor vehicle:
(i) within the city of New York, except that the holder of such permit
may operate a motor vehicle within the city of New York from five
o'clock in the morning to nine o'clock in the evening when such person
is under the immediate supervision and control of a person at least
twenty-one years of age who is such holder's parent, guardian, person in
a position of loco parentis, driver education teacher for the purpose of
certification pursuant to section eight hundred six-a of the education
law or driving school instructor for the purpose of certification
pursuant to subdivision seven-a of section three hundred ninety-four of
this chapter and such vehicle is equipped with dual controls as
prescribed by the commissioner;
(ii) in the counties of Nassau and Suffolk, except that the holder of
such permit may operate a motor vehicle within the counties of Nassau
and Suffolk from five o'clock in the morning to nine o'clock in the
evening when such person is under the immediate supervision and control
of a person at least twenty-one years of age who is such holder's
licensed parent, guardian, person in a position of loco parentis, driver
education teacher for the purpose of certification pursuant to section
eight hundred six-a of the education law, or driving school instructor
for the purpose of certification pursuant to subdivision seven-a of
section three hundred ninety-four of this chapter, or a person at least
twenty-one years of age who holds a license valid in this state for the
operation of the type of vehicle being operated, for the purpose of
certification pursuant to subdivision two of section five hundred two of
this article, and who has been designated by such holder's parent,
guardian or person in a position of loco parentis to accompany such
holder, as evidenced by a written statement to that effect;
(iii) from nine o'clock in the evening to five o'clock in the morning,
unless the holder of such permit is under the immediate supervision and
control of a person at least twenty-one years of age who is such
holder's licensed parent, guardian, person in a position of loco
parentis, driver education teacher for the purpose of certification
pursuant to section eight hundred six-a of the education law, or driving
school instructor for the purpose of certification pursuant to
subdivision seven-a of section three hundred ninety-four of this
chapter.
(c) The restrictions contained in paragraphs (a) and (b) of this
subdivision shall apply to a learner's permit which has been issued to a
person who has made application for a class M or class MJ license,
except that the required supervising driver need exercise only general
supervision and control over the learner as prescribed by regulation of
the commissioner when the learner is operating a motorcycle, provided,
however, a person who possesses a learner's permit and who has made
application for a class M or class MJ license, shall not operate a
motorcycle while there is another person on such motorcycle unless such
other person possesses a valid class M license.
6. H endorsement criminal history record check. Upon receipt of an
application and completion of all other requirements imposed by the
commissioner for an H endorsement to permit the operator to transport
hazardous materials as defined in section one hundred three of the
hazardous materials transportation act, public law 93-633, title I, when
the vehicle transporting such materials is required to be placarded
under the hazardous materials regulation, 49 CFR part 172, subpart F, or
is transporting any quantity of material listed as a select agent or
toxin in 42 CFR part 73, the commissioner, subject to the rules and
regulations of the division of criminal justice services, shall initiate
a criminal history record check of the person making the application.
The commissioner shall obtain from each applicant two sets of
fingerprints and the division of criminal justice services processing
fee imposed pursuant to subdivision eight-a of section eight hundred
thirty-seven of the executive law and any fee imposed by the federal
bureau of investigation. The commissioner shall promptly transmit such
fingerprints and fees to the division of criminal justice services for
processing. The federal bureau of investigation and the division of
criminal justice services shall forward such criminal history record, if
any, to the commissioner. All such criminal history records processed
and sent pursuant to this section shall be confidential pursuant to the
applicable federal and state laws, rules and regulations, and shall not
be published or in any way disclosed to persons other than authorized
personnel, unless otherwise authorized by law. No cause of action
against the commissioner, the department or the division of criminal
justice services for damages related to the dissemination of criminal
history records pursuant to this section shall exist when the
commissioner, department or division of criminal justice services has
reasonably and in good faith relied upon the accuracy and completeness
of criminal history information furnished to it by qualified agencies.
The provision of such information by the division of criminal justice
services shall be subject to the provisions of subdivision sixteen of
section two hundred ninety-six of the executive law. The consideration
of such criminal history record by the commissioner shall be subject to
article twenty-three-A of the correction law. The commissioner shall
review such criminal history record for a conviction within the previous
ten years for: (i) any violent felony offense, as defined in section
70.02 of the penal law; or (ii) any felony defined in article one
hundred twenty, one hundred twenty-five, one hundred thirty, one hundred
thirty-five, one hundred forty, one hundred forty-five, one hundred
fifty, one hundred fifty-five, one hundred sixty, one hundred seventy,
one hundred seventy-five, two hundred, two hundred ten, two hundred
twenty, two hundred twenty-one, two hundred forty, two hundred
sixty-five, four hundred sixty, four hundred seventy, four hundred
eighty-five, or four hundred ninety of the penal law or section
fifty-three-e of the railroad law; or (iii) any offense in another
jurisdiction which includes all of the essential elements of such
offenses described in paragraphs (i) and (ii) of this subdivision and
for which a sentence of imprisonment for more than one year was
authorized in the other jurisdiction and is authorized in this state,
regardless of whether such sentence was imposed; or any of the following
federal offenses: improper transportation of a hazardous material, as
defined in 49 U.S.C. 46312, conveying false information or threats, as
defined in 49 U.S.C. 46507, espionage, as defined in 18 U.S.C. 793, 794
or 3077, sedition, as defined in 18 U.S.C. 2384, 2385 or section 4 of
the subversive activities control act of 1950, treason, as defined in 18
U.S.C. 2381 or conspiracy or solicitation, as defined in 18 U.S.C. 371
or 373; or (iv) an attempt or conspiracy to commit any of the offenses
specified in paragraphs (i), (ii), or (iii) of this subdivision. In
calculating such ten year period, any period of time during which the
person was incarcerated for any reason between the time of commission of
the previous felony and the time of commission of the present felony
shall be excluded and such ten year period shall be extended by a period
or periods equal to the time served under such incarceration. After
receipt of a criminal history record from the division of criminal
justice services, if any, and review of such record, the commissioner
shall promptly notify the applicant whether he or she will be granted an
H endorsement based upon the applicant's criminal history and promptly
notify such applicant of the determination and the procedure for
requesting a hearing pursuant to this subdivision. If the commissioner
denies an applicant an H endorsement based either in whole or in part on
such applicant's criminal record, the commissioner must notify such
applicant of the basis for such denial, and afford such applicant notice
and an opportunity to be heard and offer proof in opposition to such
determination. If the applicant requests a hearing to contest the
commissioner's determination, such hearing must be requested no later
than thirty days after the applicant's receipt of the determination and
must be scheduled by the commissioner within sixty days of such request.
Upon request and pursuant to the rules and regulations of the division
of criminal justice services, any applicant may obtain, review and seek
correction of his or her criminal history record.
S 501-a. Definitions. The following terms when used in this article
and in articles twenty and thirty-one of this chapter, shall have the
following meanings:
1. Commercial driver's license or CDL. A class A or B driver's license
or a class C driver's license which bears an H, P or X endorsement,
which licenses contain the legend commercial driving license or CDL
thereon and which is issued in accordance with the commercial motor
vehicle safety act of 1986, public law 99-570, title XII, and this
article which authorizes a person to operate a commercial motor vehicle.
2. Gross vehicle weight rating or GVWR. The weight of a vehicle
consisting of the unladen weight and the maximum carrying capacity
recommended by the manufacturer of such vehicle. The GVWR of a
combination of vehicles (commonly referred to as the "Gross Combination
Weight Rating" or GCWR) is the GVWR of the power unit plus the GVWR of
each vehicle in the combination.
3. Hazardous materials. Any material that has been designated as
hazardous under 49 U.S.C. 5103 and is required to be placarded under
subpart F of 49 CFR part 172 or any quantity of a material listed as a
select agent or toxin in 42 CFR part 73.
4. Commercial motor vehicle. (a) A motor vehicle or combination of
vehicles designed or used to transport passengers or property:
(i) which has a GVWR of more than twenty-six thousand pounds; or
(ii) which has a GCWR of more than twenty-six thousand pounds,
including any towed unit with a GVWR of more than ten thousand pounds;
or
(iii) designed or used to transport fifteen or more passengers, in
addition to the driver; or
(iv) defined as a bus in subdivision one of section five hundred
nine-a of this chapter; or
(v) of any size, other than a farm vehicle operated within one hundred
fifty miles of the operator's farm, used in the transportation of
materials found by the United States secretary of transportation to be
hazardous under the hazardous materials transportation act and which
requires the motor vehicle transporting such materials to be placarded
under the hazardous materials regulation, 49 CFR part 172, subpart F or
is transporting any quantity of a material listed as a select agent or
toxin in 42 CFR part 73.
(b) However, a commercial motor vehicle shall not include: (i) a
personal use vehicle or a farm vehicle or a combination of such
vehicles; (ii) any motor vehicle or combination of motor vehicles
operated by a member of the armed forces for military purposes; (iii) a
police vehicle or fire vehicle, or combination of such vehicles during
its use in an emergency operation as defined in section one hundred
fourteen-b of this chapter, or in the performance of official duties, or
activities related to the execution of emergency governmental functions
pursuant to section 383.3 (d)(2) of title 49 of the code of federal
regulations; (iv) a vehicle or combination of vehicles owned and
identified as being owned by the state or a political subdivision
thereof or an ambulance service as defined in subdivision two of section
three thousand one of the public health law or a voluntary ambulance
service as defined in subdivision three of such section and used to
provide emergency medical service as defined in section three thousand
one of the public health law, or to perform official duties, or
activities related to the execution of emergency governmental functions
pursuant to section 383.3 (d)(2) of title 49 of the code of federal
regulations; or (v) a vehicle or combination of vehicles which is
designed and primarily used for purposes other than the transportation
of persons or property and which is operated on a public highway only
occasionally for the purpose of being transported to a construction or
off-highway site at which its primary purpose is to be performed except
as may otherwise be specifically provided by regulation of the
commissioner. For the purposes of this paragraph, the term "member of
the armed forces" shall include active duty military personnel; members
of the reserve components of the armed forces; members of the national
guard on active duty, including personnel on full time active guard
duty, personnel on part-time national guard training, and national guard
military technicians (civilians who are required to wear military
uniforms); and active duty United States coast guard personnel. The term
shall not include United States reserve technicians. Notwithstanding the
provisions of section one hundred fourteen-b of this chapter, for the
purposes of this paragraph, the term "emergency operation" shall include
returning from emergency service.
5. Representative vehicle. The type of motor vehicle or combination of
vehicles specified by regulation of the commissioner that an applicant
for a driver's license must operate during a road test in order to
receive a specific class of license or endorsement.
6. Tank vehicle. Any commercial motor vehicle designed to transport
any liquid or gaseous material within a tank that is either permanently
or temporarily attached to the vehicle or the chassis. Such vehicles
include, but are not limited to, cargo and portable tanks, as defined in
49 CFR part 171. However, this definition does not include portable
tanks having a rated capacity under one thousand gallons.
7. Farm vehicle. A vehicle having a GVWR of not more than twenty-six
thousand pounds which is controlled and operated by a farmer, is used to
transport agricultural products, farm machinery, farm supplies or all of
the aforementioned to or from the farm and is not used in the operations
of a common or contract motor carrier and, such a vehicle having a GVWR
of more than twenty-six thousand pounds while being used within one
hundred fifty miles of the person's farm.
8. Personal use vehicle. A vehicle constructed or altered to be used
for recreational purposes which is exclusively used to transport family
members and/or personal possessions of such family members for
non-business recreational purposes by the operator, or a rental truck
which is exclusively used to transport personal possessions of the
person who has rented the truck for non-business purposes.
S 501-b. Additional restrictions on certain learners' permits and
drivers' licenses. 1. In addition to the restrictions contained in
subdivision five of section five hundred one of this article, no holder
of a class DJ or class MJ learner's permit shall:
(a) operate a motor vehicle with any front seat occupants other than
the supervising driver;
(b) operate a motor vehicle unless every occupant of such vehicle is
properly restrained by a safety belt or child safety seat in accordance
with the provisions of subdivision three-a of section twelve hundred
twenty-nine-c of this chapter;
(c) operate a motor vehicle with more than one passenger who is under
the age of twenty-one and who is not a member of such holder's immediate
family, provided, however, that the provisions of this paragraph shall
not apply when such holder is accompanied by a duly licensed parent,
guardian, person in a position of loco parentis, driver education
teacher or driving school instructor;
(d) be eligible for issuance of a class DJ, MJ, D or M license unless
such permit has been valid for at least six months. Any time period in
which such class DJ or MJ learner's permit has been suspended or revoked
shall not be counted in determining the length of time that such
learner's permit has been valid.
2. In addition to the restrictions contained in subdivision three of
section five hundred one of this article, no holder of a class DJ or
class MJ license shall operate a motor vehicle:
(a) unless every occupant of such vehicle is properly restrained by a
safety belt or child safety seat in accordance with the provisions of
subdivision three-a of section twelve hundred twenty-nine-c of this
chapter; and
(b) with more than one passenger who is under the age of twenty-one
and who is not a member of such holder's immediate family, provided,
however, that the provisions of this paragraph shall not apply when such
holder is accompanied by a duly licensed parent, guardian, person in a
position of loco parentis, driver education teacher or driving school
instructor.
S 502. Requirements for licensing. * 1. Application for license.
Application for a driver's license shall be made to the commissioner.
The fee prescribed by law may be submitted with such application. The
applicant shall furnish such proof of identity, age, and fitness as may
be required by the commissioner. The commissioner may also provide that
the application procedure shall include the taking of a photo image or
images of the applicant in accordance with rules and regulations
prescribed by the commissioner. In addition, the commissioner also shall
require that the applicant provide his or her social security number and
provide space on the application so that the applicant may register in
the New York state organ and tissue donor registry under section
forty-three hundred ten of the public health law, and space so that the
applicant may request a notation upon such license that he or she is a
veteran of the United States armed forces. In addition, an applicant for
a commercial driver's license who will operate a commercial motor
vehicle in interstate commerce shall certify that such applicant meets
the requirements to operate a commercial motor vehicle, as set forth in
public law 99-570, title XII, and title 49 of the code of federal
regulations, and all regulations promulgated by the United States
secretary of transportation under the hazardous materials transportation
act. In addition, an applicant for a commercial driver's license shall
submit a medical certificate at such intervals as required by the
federal motor carrier safety improvement act of 1999 and Part 383.71(h)
of title 49 of the code of federal regulations relating to medical
certification and in a manner prescribed by the commissioner. For
purposes of this section and sections five hundred three, five hundred
ten-a, and five hundred ten-aa of this title, the terms "medical
certificate" and "medical certification" shall mean a form substantially
in compliance with the form set forth in Part 391.43(h) of title 49 of
the code of federal regulations. Upon a determination that the holder of
a commercial driver's license has made any false statement, with respect
to the application for such license, the commissioner shall revoke such
license.
* NB Separately amended, cannot be together
* 1. Application for license. Application for a driver's license shall
be made to the commissioner. The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of
identity, age, and fitness as may be required by the commissioner. The
commissioner may also provide that the application procedure shall
include the taking of a photo image or images of the applicant in
accordance with rules and regulations prescribed by the commissioner. In
addition, the commissioner also shall require that the applicant provide
his or her social security number and shall provide space on the
application so that the applicant may register in the New York state
organ and tissue donor registry under section forty-three hundred ten of
the public health law with the following stated on the application in
clear and conspicuous type:
"You must fill out the following section: Would you like to be added
to the Donate Life Registry? Check box for 'yes' or 'skip this
question'."
The commissioner of the department of health shall not maintain
records of any person who checks "skip this question". Failure to check
a box shall not impair the validity of an application, and failure to
check "yes" or checking "skip this question" shall not be construed to
imply a wish not to donate. In the case of an applicant under eighteen
years of age, checking "yes" shall not constitute consent to make an
anatomical gift or registration in the donate life registry. Where an
applicant has previously consented to make an anatomical gift or
registered in the donate life registry, checking "skip this question" or
failing to check a box shall not impair that consent or registration. In
addition, an applicant for a commercial driver's license who will
operate a commercial motor vehicle in interstate commerce shall certify
that such applicant meets the requirements to operate a commercial motor
vehicle, as set forth in public law 99-570, title XII, and title 49 of
the code of federal regulations, and all regulations promulgated by the
United States secretary of transportation under the hazardous materials
transportation act. In addition, an applicant for a commercial driver's
license shall submit a medical certificate at such intervals as required
by the federal motor carrier safety improvement act of 1999 and Part
383.71(h) of title 49 of the code of federal regulations relating to
medical certification and in a manner prescribed by the commissioner.
For purposes of this section and sections five hundred three, five
hundred ten-a, and five hundred ten-aa of this title, the terms "medical
certificate" and "medical certification" shall mean a form substantially
in compliance with the form set forth in Part 391.43(h) of title 49 of
the code of federal regulations. Upon a determination that the holder of
a commercial driver's license has made any false statement, with respect
to the application for such license, the commissioner shall revoke such
license.
* NB Effective until October 3, 2016
* NB Separately amended, cannot be put together
* 1. Application for license. Application for a driver's license shall
be made to the commissioner. The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of
identity, age, and fitness as may be required by the commissioner. The
commissioner may also provide that the application procedure shall
include the taking of a photo image or images of the applicant in
accordance with rules and regulations prescribed by the commissioner. In
addition, the commissioner also shall require that the applicant provide
his or her social security number and provide space on the application
so that the applicant may register in the New York state organ and
tissue donor registry under section forty-three hundred ten of the
public health law, and space so that the applicant may request a
notation upon such license that he or she is a veteran of the United
States armed forces. In addition, an applicant for a commercial driver's
license who will operate a commercial motor vehicle in interstate
commerce shall certify that such applicant meets the requirements to
operate a commercial motor vehicle, as set forth in public law 99-570,
title XII, and title 49 of the code of federal regulations, and all
regulations promulgated by the United States secretary of transportation
under the hazardous materials transportation act. In addition, an
applicant for a commercial driver's license shall submit a medical
certificate at such intervals as required by the federal motor carrier
safety improvement act of 1999 and Part 383.71(h) of title 49 of the
code of federal regulations relating to medical certification and in a
manner prescribed by the commissioner. For purposes of this section and
sections five hundred three, five hundred ten-a, and five hundred ten-aa
of this title, the terms "medical certificate" and "medical
certification" shall mean a form substantially in compliance with the
form set forth in Part 391.43(h) of title 49 of the code of federal
regulations. Upon a determination that the holder of a commercial
driver's license has made any false statement, with respect to the
application for such license, the commissioner shall revoke such
license.
* NB Effective October 3, 2016
2. Age. (a) An applicant for a class A license or for a commercial
driver's license which contains an H or an X endorsement or which is
valid for operation in interstate commerce shall be at least twenty-one
years of age.
(b) Except as provided in paragraph (a) of this subdivision an
applicant for a class B, C or E license shall be at least eighteen years
of age.
(c) An applicant for a class D or M license shall be at least eighteen
years of age, except that an application shall be accepted if the
applicant is at least seventeen years of age and submits acceptable
proof of successful completion of a driver education course, approved by
the state education department and the commissioner, and proof of
completion of the minimum hours of supervised driving as required in
paragraph (d) of this subdivision.
(d) An applicant for a class DJ or MJ license shall be at least
sixteen years of age and such applicant must submit written consent to
the issuance of such license by the applicant's parent or guardian. Upon
receipt of withdrawal of such consent, any class DJ or MJ license,
learner's permit or license application shall be cancelled. No class DJ
or MJ license shall be issued unless the applicant presents, at the time
of the road test administered pursuant to paragraph (b) of subdivision
four of this section, a written certification by the applicant's parent
or guardian that such applicant has operated a motor vehicle for no less
than fifty hours, at least fifteen hours of which shall be after sunset,
under the immediate supervision of a person as authorized pursuant to
subparagraph (ii) of paragraph (a) or paragraph (b) of subdivision five
of section five hundred one of this article, a driver education teacher
pursuant to section eight hundred six-a of the education law or a
driving school instructor pursuant to subdivision seven-a of section
three hundred ninety-four of this chapter.
3. Application for learner's permit. An application for a learner's
permit shall be included in the application for a license. A learner's
permit shall be issued in such form as the commissioner shall determine
but shall not be issued unless the applicant has successfully passed the
vision test required by this section and the test set forth in paragraph
(a) of subdivision four of this section with respect to laws relating to
traffic and ability to read and comprehend traffic signs and symbols and
has satisfactorily completed any course required pursuant to paragraph
(a) of subdivision four of this section. Upon acceptance of an
application for a learner's permit the commissioner shall provide the
applicant with a driver's manual which includes but is not limited to
the laws relating to traffic, the laws relating to and physiological
effects of driving while ability impaired and driving while intoxicated,
the law for exercising due care to avoid colliding with a parked,
stopped or standing authorized emergency vehicle or hazard vehicle
pursuant to section eleven hundred forty-four-a of this chapter,
explanations of traffic signs and symbols and such other matters as the
commissioner may prescribe.
4. Examinations. (a) (i) Upon submission of an application for a
driver's license, the applicant shall be required to take and pass a
test, or submit evidence of passage of a test, with respect to the laws
relating to traffic, the laws relating to driving while ability is
impaired and while intoxicated, under the overpowering influence of
"Road Rage", or "Work Zone Safety" awareness as defined by the
commissioner, the law relating to exercising due care to avoid colliding
with a parked, stopped or standing authorized emergency vehicle or
hazard vehicle pursuant to section eleven hundred forty-four-a of this
chapter, the ability to read and comprehend traffic signs and symbols
and such other matters as the commissioner may prescribe, and to
satisfactorily complete a course prescribed by the commissioner of not
less than four hours and not more than five hours, consisting of
classroom driver training and highway safety instruction or the
equivalent thereof. Such test shall include at least seven written
questions concerning the effects of consumption of alcohol or drugs on
the ability of a person to operate a motor vehicle and the legal and
financial consequences resulting from violations of section eleven
hundred ninety-two of this chapter, prohibiting the operation of a motor
vehicle while under the influence of alcohol or drugs. Such test shall
include one or more written questions concerning the devastating effects
of "Road Rage" on the ability of a person to operate a motor vehicle and
the legal and financial consequences resulting from assaulting,
threatening or interfering with the lawful conduct of another person
legally using the roadway. Such test shall include one or more questions
concerning the potential dangers to persons and equipment resulting from
the unsafe operation of a motor vehicle in a work zone. Such test may
include one or more questions concerning the law for exercising due care
to avoid colliding with a parked, stopped or standing authorized
emergency vehicle or hazard vehicle pursuant to section eleven hundred
forty-four-a of this chapter. Such test shall be administered by the
commissioner. The commissioner shall cause the applicant to take a
vision test and a test for color blindness. Upon passage of the vision
test, the application may be accepted and the application fee shall be
payable.
(ii) The commissioner shall promulgate rules and regulations
establishing eligibility standards for the taking and passing of
knowledge tests in other than written form.
(b) Upon successful completion of the requirements set forth in
paragraph (a) of this subdivision which shall include an alcohol and
drug education component as described in paragraph (c) of this
subdivision, a "Road Rage" awareness component as described in paragraph
(c-1) of this subdivision and a "Work Zone Safety" awareness component
as described in paragraph (c-2) of this subdivision, the commissioner
shall cause the applicant to take a road test in a representative
vehicle of a type prescribed by the commissioner which shall be
appropriate to the type of license for which application is made, except
that the commissioner may waive the road test requirements for certain
classes of applicants. The commissioner shall have the power to
establish a program to allow persons other than employees of the
department to conduct road tests in representative vehicles when such
tests are required for applicants to obtain a class A, B or C license.
If she chooses to do so, she shall set forth her reasons in writing and
conduct a public hearing on the matter. She shall only establish such a
program after holding the public hearing.
(c) Alcohol and drug education component. The commissioner shall
provide in the pre-licensing course, set forth in paragraph (b) of this
subdivision a mandatory component in alcohol and drug education of not
less than two hours as a prerequisite for obtaining a license to operate
a motor vehicle. The purpose of the component is to educate prospective
licensees on the effects that ingestion of alcohol and other drugs have
on a person's ability to operate a motor vehicle. The commissioner shall
establish a curriculum for the alcohol and drug education component
which shall include but not be limited to: instruction describing the
hazards of driving while impaired or intoxicated; the penalties for
alcohol related motor vehicle violations including sanctions set forth
in the penal law that apply to homicides and assaults arising out of the
operation of a motor vehicle while intoxicated and those sanctions set
forth in the vehicle and traffic law relating to driving while
intoxicated; and the medical, biological and physiological effects of
the consumption of alcohol and their impact on the operation of a motor
vehicle.
(c-1) "Road Rage" awareness component. The commissioner shall provide
in the pre-licensing course, set forth in paragraph (b) of this
subdivision a mandatory component in "Road Rage" awareness education as
a prerequisite for obtaining a license to operate a motor vehicle. The
purpose of the component is to educate prospective licensees on the
effects that the development and expression of "Road Rage", as defined
by the commissioner, have on a person's ability to operate a motor
vehicle. The commissioner shall establish a curriculum for the "Road
Rage" component which shall include but not be limited to: instruction
describing the hazards of driving and exiting the vehicle while under
the influence of "Road Rage"; the penalties for "Road Rage"-related
motor vehicle or other violations including sanctions set forth in the
penal law that apply to homicides and assaults arising out of the
operation of a motor vehicle while expressing "Road Rage", and any
sanctions set forth in law relating to driving while under the influence
of "Road Rage"; and the medical, biological and physiological effects of
the development and expression of "Road Rage", and their impact on the
operation of a motor vehicle. The commissioner is charged with the
responsibility for defining the term "Road Rage", as used in this
paragraph, in consultation with law enforcement personnel, medical
professionals, representatives of the court system, highway safety
officials, and any other group that the commissioner believes can
contribute to a comprehensive statement of the issue.
(c-2) "Work Zone Safety" awareness component. (i) The commissioner
shall provide in the pre-licensing course, set forth in paragraph (b) of
this subdivision, a mandatory component in "Work Zone Safety" awareness
education as a prerequisite for obtaining a license to operate a motor
vehicle. The purpose of the component is to educate prospective
licensees on the potential dangers to construction workers, construction
equipment operators and operators of motor vehicles in a highway work
zone. For the purposes of this paragraph, the term "work zone" shall
include "work area" as defined by section one hundred sixty of this
chapter, and "restricted highway" as authorized in section sixteen
hundred twenty-five of this chapter.
(ii) The commissioner shall establish a curriculum for the "Work Zone
Safety" component which shall include but not be limited to: instruction
describing the potential hazards of driving through a work zone, whether
or not work, maintenance or other related construction is being
undertaken therein, and information on the provisions of law relating to
driving within a work zone and sanctions for violations of such
provisions, including speeding in a work zone.
(iii) In developing such curriculum, the commissioner shall consult
with the commissioner of transportation, the superintendent of the state
police, representatives of the highway construction industry,
representatives of highway construction workers, highway safety
officials, and any other group that the commissioner believes can
contribute to a comprehensive presentation of the issue.
(d) The commissioner shall make available for distribution upon
registration at each location where the pre-licensing course will be
given, instructional handbooks outlining the content of the entire
curriculum of the pre-licensing course including the information
required to be included in the course pursuant to paragraphs (c), (c-1)
and (c-2) of this subdivision. The commissioner shall also provide for
the additional training of the instructors necessary for the competent
instruction of the alcohol and drug education and "Road Rage" awareness
and "Work Zone Safety" awareness subject matters of the pre-licensing
course.
(e) The commissioner shall make available to each applicant for a
commercial driver's license instructional handbooks outlining the
requirements necessary to qualify for such license, and containing a
discussion of the offenses which will result in disqualification from
operating a commercial motor vehicle as defined in section five hundred
one-a of this chapter. Such handbooks shall be available in both English
and Spanish language versions.
(f) The commissioner shall promulgate such rules and regulations as
are necessary to carry out the provisions of this section.
(g) The commissioner may, in his discretion, waive the requirement for
passage of a test with respect to the laws relating to traffic, the laws
relating to driving while ability is impaired and while intoxicated and
the ability to read and comprehend traffic signs and symbols, and the
requirement for completion of the course set forth in paragraph (a) of
this subdivision for applicants who hold a valid or renewable driver's
license issued by another jurisdiction or the United States government.
(h) Course completion certificate fee. The fee for a course completion
certificate provided by the department to an entity that is approved by
the commissioner to offer the pre-licensing course, required by this
subdivision, for issuance by such entity to students upon their
completion of such pre-licensing course shall be one dollar. Such fee
shall be paid by such entity and shall not be charged to a person who
takes the course in any manner.
5. Issuance of license. (a) Upon successful completion of the
requirements set forth in subdivision four of this section, and upon
payment of the fee prescribed by law, the commissioner shall issue an
appropriate license to the applicant, except that the commissioner may
refuse to issue such license
(i) if the applicant is the holder of a currently valid or renewable
license to drive issued by another state or foreign country unless the
applicant surrenders such license, or
(ii) if such issuance would be inconsistent with the provisions of
section five hundred sixteen of this chapter.
(b) The commissioner shall, with respect to the issuance of a
hazardous materials endorsement, comply with the requirements imposed
upon states pursuant to sections 383.141 and 1572.13 of title 49 of the
code of federal regulations.
(c) The commissioner shall not issue a commercial driver's license to
a person while such person would be subject to disqualification from
operating a commercial motor vehicle for any cause set forth in the
commercial motor vehicle safety act of nineteen hundred eighty-six,
public law 99-570, title XII and regulations promulgated thereunder. In
addition, the commissioner shall suspend a commercial driver's license
for the period of time in which such driver is determined to constitute
an imminent hazard and is disqualified pursuant to 49 C.F.R 383.52.
6. Renewal of license. (a) A license issued pursuant to subdivision
five of this section shall be valid until the expiration date contained
thereon, unless such license is suspended, revoked or cancelled. Such
license may be renewed by submission of an application for renewal, the
fee prescribed by law, proofs of prior licensing, fitness and acceptable
vision prescribed by the commissioner, the applicant's social security
number, and if required by the commissioner a photo image of the
applicant in such numbers and form as the commissioner shall prescribe.
In addition, an applicant for renewal of a license containing a
hazardous material endorsement shall pass an examination to retain such
endorsement. The commissioner shall, with respect to the renewal of a
hazardous materials endorsement, comply with the requirements imposed
upon states by sections 383.141 and 1572.13 of title 49 of the code of
federal regulations. A renewal of such license shall be issued by the
commissioner upon approval of such application, except that no such
license shall be issued if its issuance would be inconsistent with the
provisions of section five hundred sixteen of this title, and except
that the commissioner may refuse to renew such license if the applicant
is the holder of a currently valid or renewable license to drive issued
by another state or foreign country unless the applicant surrenders such
license.
(b) Time for renewal. A renewal license may only be issued if an
application for such license is filed within two years from the date of
expiration of the prior license. Such application may be filed prior to
the expiration of the license being renewed for a period of time as
provided by regulation of the commissioner.
7. Compliance with selective service act required. (a) All persons who
are at least eighteen years of age but less than twenty-six years of age
who apply to the commissioner for a learner's permit, driver's license,
renewal of license, or non-driver's identification card, shall either:
(i) be in compliance with the requirements of the military selective
service act as provided for pursuant to 50 U.S.C. App 451 et. seq., as
amended, or (ii) consent to permit the commissioner to forward such
information as is required to register such individual with the
selective service system, if such individual must be registered pursuant
to such act.
(b) The commissioner shall forward in an electronic format the
necessary personal information required for registration of such
individuals specified in paragraph (a) of this subdivision with the
selective service system. Such individual's application to the
commissioner for a learner's permit, driver's license, renewal of
license or non-drivers' identification card shall serve as an indication
that the applicant has already registered with the military selective
service act or that such individual is authorizing the commissioner to
forward to the selective service system the necessary information for
such selective service registration. The commissioner shall notify such
applicants on the application form that any application for a learner's
permit, driver's license, renewal of license or non-driver's
identification card shall serve as consent to be registered with the
selective service system, if so required by federal law.
S 502-a. Determination of weights applicable to license requirements.
The applicability of the requirements relative to licensing as defined
in this article shall, except when a commercial driver's license is
required solely because the vehicle is transporting hazardous materials
or passengers, be based upon the vehicle manufacturer's GVWR, the
registration weight of the vehicle or the actual weight of the vehicle
and the load, whichever is greater, or with respect to passenger and
limited use automobiles shall be based upon the registration weight of
the automobile.
S 503. Period of validity of drivers' licenses, learners' permits and
applications; required fees. 1. Periods of validity. (a) A driver's
license shall be valid from the date of issuance until a date of
expiration determined by the commissioner. Such dates of issuance and
expiration shall be noted on the license, except that if such printed
expiration date falls on a Saturday, Sunday or state holiday, such
license shall be valid for operation until midnight of the next day on
which state offices shall be open for business. However, a prior license
shall expire on the date of issuance of a renewal of such prior license.
The commissioner may extend the period of validity of a license in a
manner and form prescribed by him.
(b) An application for a license shall be valid for a period of time
specified by regulation of the commissioner not to exceed five years. A
learner's permit shall be valid from its issuance until the expiration
of the application for a driver's license for which it was issued.
Provided, however, that a learner's permit issued by the commissioner in
connection with an application for a commercial driver's license shall
be cancelled within sixty days of the holder's medical certification
status becoming "not-certified" based upon: (i) the expiration of the
holder's medical certification or medical variance documentation
required by the federal motor carrier safety improvement act of 1999 and
Part 383.71(h) of title 49 of the code of federal regulations; (ii) the
holder's failure to submit such medical certification or medical
variance documentation at such intervals as required by the federal
motor carrier safety improvement act of 1999 and Part 383.71(h) of title
49 of the code of federal regulations and in a manner prescribed by the
commissioner; or (iii) the receipt by the commissioner of information
from the issuing medical examiner or the federal motor carrier safety
administration that a medical certification or medical variance was
issued in error or rescinded. The commissioner shall, upon a holder's
status becoming "not-certified", notify the holder of such learner's
permit issued in connection with a commercial driver's license
application by first class mail to the address of such person on file
with the department or at the current address provided by the United
States postal service of his or her "not-certified" medical
certification status and that the commercial motor vehicle privileges of
such learner's permit will be cancelled unless he or she submits a
current medical certificate and/or medical variance in accordance with
Part 383.71(h) of title 49 of the code of federal regulations or changes
his or her self-certification to driving only in excepted or intrastate
commerce in accordance with Part 383.71(b)(ii)(B), (C) or (D) of title
49 of the code of federal regulations.
2. Fees. (a) Initial application fee. The fee required for the
initiation of the licensing process by a person who does not hold a
valid or renewable license issued by the commissioner shall be ten
dollars.
(i) If application is made for any license other than a commercial
driver's license, such fee shall enable the applicant to take the
knowledge test required for issuance of a learner's permit and driver's
license no more than twice.
(ii) (A) If application is made for a commercial driver's license,
such fee shall enable the applicant to take the knowledge test required
for issuance of a learner's permit and driver's license once and also
take any knowledge test or tests required for any endorsement or
endorsements applied for which are taken at the same time.
(B) The knowledge tests for such learner's permit, driver's license or
endorsements shall be available in both the English and Spanish language
versions.
(iii) If an applicant fails to pass the knowledge test required for
issuance of a learner's permit in the number of times specified in
subparagraph (i) or (ii) of this paragraph, a new application fee shall
be required.
(b) Learner permit/license fee. (i) Upon passage of the knowledge test
required to obtain a learner's permit, the applicant for a commercial
driver's license shall be required to pay an additional fee of nine
dollars and fifty cents for each six months or portion thereof of the
period of validity of a learner's permit or license which is or may be
issued as well as a fee of forty dollars for a road test which must be
passed before a license will be issued.
(ii) Upon passage of the knowledge test required to obtain a learner's
permit, the applicant for a class C license which does not have an H, P
or X endorsement or a class E license shall be required to pay six
dollars and twenty-five cents for each six months or portion thereof of
the period of validity of a learner's permit or license which is or may
be issued, and an applicant for a class D, DJ, M or MJ license shall be
required to pay three dollars and twenty-five cents for each six months
or portion thereof of the period of validity of a learner's permit or
license which is or may be issued. No additional fee shall be required
of any such applicant to take up to two road tests. Such road test must
be passed before a license will be issued.
(iii) If an applicant fails to pass the road test required for
issuance of a license in the number of times specified in subparagraph
(i) or (ii) of this paragraph, an additional fee of forty dollars will
be required for each additional test applied for in order to obtain a
commercial driver's license and an additional fee of ten dollars will be
required for up to two tests applied for in order to obtain any license
other than a commercial driver's license.
(iv) Notwithstanding any inconsistent provision of this section, the
difference collected between the fees set forth in this paragraph in
effect on and after September first, two thousand nine and the fees set
forth in this paragraph in effect prior to such date shall be deposited
to the credit of the dedicated highway and bridge trust fund.
(b-1) Supplemental learner permit/license fee in the metropolitan
commuter transportation district. (i) Upon passage of the knowledge test
required to obtain a learner's permit, an applicant for a driver's
license who resides in the metropolitan commuter transportation district
established by section one thousand two hundred sixty-two of the public
authorities law shall be required to pay a supplemental fee of one
dollar for each six months or portion thereof of the period of validity
of a learner's permit or license which is or may be issued pursuant to
the provisions of subparagraph (i) or (ii) of paragraph (b) of this
subdivision.
(ii) The commissioner shall deposit daily all funds collected pursuant
to subparagraph (i) of this paragraph with such responsible banks,
banking houses or trust companies as may be designated by the state
comptroller, to the credit of the comptroller. On or before the twelfth
day of each month, the commissioner shall certify to the comptroller the
amount of all revenues received pursuant to subparagraph (i) of this
paragraph during the prior month as a result of the supplemental fee
imposed, including any interest and penalties thereon. The revenues so
certified shall be deposited by the state comptroller in the
metropolitan transportation authority aid trust account of the
metropolitan transportation authority financial assistance fund
established pursuant to section ninety-two-ff of the state finance law
for deposit, subject to appropriation, in the corporate transportation
account of the metropolitan transportation authority special assistance
fund established by section twelve hundred seventy-a of the public
authorities law, to be applied as provided in paragraph (e) of
subdivision four of such section. Any money collected pursuant to this
section that is deposited by the comptroller in the metropolitan
transportation authority aid trust account of the metropolitan
transportation authority financial assistance fund shall be held in such
fund free and clear of any claim by any person or entity paying an
additional fee pursuant to this section, including, without limiting the
generality of the foregoing, any right or claim against the metropolitan
transportation authority, any of its bondholders, or any subsidiary or
affiliate of the metropolitan transportation authority.
(c) Renewal fee. Fees for renewal of a license issued by the
commissioner shall be as follows:
(i) For a commercial driver's license, nine dollars and fifty cents
for each six months or portion thereof.
(ii) For a class C license which does not have an H, P or X
endorsement or a class E license, six dollars and twenty-five cents for
each six months or portion thereof.
(iii) For a class D, DJ, M or MJ license, three dollars and
twenty-five cents, for each six months or portion thereof.
(iv) Notwithstanding any inconsistent provision of this section, the
difference collected between the fees set forth in this paragraph in
effect on and after September first, two thousand nine and the fees set
forth in this paragraph in effect prior to such date shall be deposited
to the credit of the dedicated highway and bridge trust fund.
(c-1) In addition to the fees established in paragraphs (b) and (c) of
this subdivision, a fee of fifty cents for each six months or portion
thereof of the period of validity shall be paid upon the issuance of any
permit, license or renewal of a license which is valid for the operation
of a motorcycle, except a limited use motorcycle. Fees collected
pursuant to this paragraph shall be deposited into the motorcycle safety
fund established pursuant to section ninety-two-g of the state finance
law.
(c-2) Refunds. The commissioner shall refund any fees paid for a
driver's license pursuant to paragraph (c) of this subdivision for the
period commencing after completion of four years of the period of
validity of such license, provided that such license is not suspended or
revoked and is surrendered to the commissioner before the end of such
four year period and application therefor is filed with the commissioner
no later than three months from the expiration of such four year period.
(c-3) (i) Supplemental renewal fee in the metropolitan commuter
transportation district. In addition to the fees required to be paid
pursuant to paragraph (c) of this subdivision, a supplemental fee of one
dollar for each six months or portion thereof of the validity of the
license shall be paid for renewal of a license of a person who resides
in the metropolitan commuter transportation district established by
section one thousand two hundred sixty-two of the public authorities law
issued by the commissioner.
(ii) The commissioner shall deposit daily all funds collected pursuant
to this paragraph with such responsible banks, banking houses or trust
companies as may be designated by the state comptroller, to the credit
of the comptroller. On or before the twelfth day of each month, the
commissioner shall certify to the comptroller the amount of all revenues
received pursuant to this paragraph during the prior month as a result
of the supplemental fees imposed, including any interest and penalties
thereon. The revenues so certified shall be deposited by the state
comptroller in the metropolitan transportation authority aid trust
account of the metropolitan transportation authority financial
assistance fund established pursuant to section ninety-two-ff of the
state finance law for deposit, subject to appropriation, in the
corporate transportation account of the metropolitan transportation
authority special assistance fund established by section twelve hundred
seventy-a of the public authorities law, to be applied as provided in
paragraph (e) of subdivision four of such section. Any money collected
pursuant to this section that is deposited by the comptroller in the
metropolitan transportation authority aid trust account of the
metropolitan transportation authority financial assistance fund shall be
held in such fund free and clear of any claim by any person or entity
paying an additional fee pursuant to this section, including, without
limiting the generality of the foregoing, any right or claim against the
metropolitan transportation authority, any of its bondholders, or any
subsidiary or affiliate of the metropolitan transportation authority.
(d) Duplicate and amendment fees. (i) The fee for a duplicate of any
license or learner's permit shall be five dollars.
(ii) If a knowledge test or test are required to be passed to secure
an amended learner's permit or license, the fees for taking of such test
or tests specified in paragraph (a) of this subdivision shall be paid.
However, if an amendment is to add only an endorsement or endorsements
which require only the passing of a knowledge test or tests, a fee of
five dollars shall be paid. If a road test or tests are required to be
passed to secure an amended license, the fees for taking such test or
tests specified in paragraph (b) of this subdivision shall be paid. If
no knowledge or road test is required to secure an amended license, the
fee required for such amended license shall be five dollars. In
addition, if the fee for the amended learner's permit or license is
greater than the fee for the learner's permit or license being amended,
the difference in fee shall be paid. If the amendment is only to correct
or update a driver's record, no fee other than the photo image fee shall
be required.
(e) Alternative testing. If a knowledge test is required in any stage
of the licensing process, the applicant may request that such test be
given in a form other than written and if the applicant meets the
eligibility standards established by the commissioner for an alternative
test then the commissioner shall give such test in an alternative form.
An additional fee of five dollars shall be required for such an
alternative test.
(f) Photo image fee. In addition to any other fee prescribed herein, a
fee of twelve dollars and fifty cents shall be charged for the
processing of each learner permit or license document requiring a photo
image. Of each such fee collected, five dollars shall be deposited to
the credit of the general fund and five dollars shall be deposited in
the dedicated highway and bridge trust fund established pursuant to
section eighty-nine-b of the state finance law and the dedicated mass
transportation fund established pursuant to section eighty-nine-c of the
state finance law and distributed according to the provisions of
subdivision (d) of section three hundred one-j of the tax law.
Notwithstanding any inconsistent provision of this section, the
difference collected between the fees set forth in this paragraph in
effect on and after September first, two thousand nine and the fees set
forth in this paragraph in effect prior to such date shall be deposited
to the credit of the dedicated highway and bridge trust fund.
(f-1) In addition to any other fee prescribed in this section, an
additional fee of thirty dollars shall be charged for any license,
issued to a New York state resident who is a citizen of the United
States, that can be used for certain land and sea border crossings
pursuant to section 7209 of the Intelligence Reform and Terrorism
Prevention Act of Two Thousand Four, Public Law 108-458, or the
regulations promulgated thereunder.
(g) In no event shall the commissioner increase fees or impose
surcharges or penalties for the issuance or renewal of licenses without
the specific mandate of the legislature effected pursuant to an
amendment to this chapter.
(h) An applicant whose driver's license has been revoked pursuant to
(i) section five hundred ten of this title, (ii) section eleven hundred
ninety-three of this chapter, and (iii) section eleven hundred
ninety-four of this chapter, shall, upon application for issuance of a
driver's license, pay to the commissioner a fee of one hundred dollars.
When the basis for the revocation is a finding of driving after having
consumed alcohol pursuant to the provisions of section eleven hundred
ninety-two-a of this chapter, the fee to be paid to the commissioner
shall be one hundred dollars. Such fee is not refundable and shall not
be returned to the applicant regardless of the action the commissioner
may take on such person's application for reinstatement of such driving
license. Such fee shall be in addition to any other fees presently
levied but shall not apply to an applicant whose driver's license was
revoked for failure to pass a reexamination or to an applicant who has
been issued a conditional or restricted use license under the provisions
of article twenty-one-A or thirty-one of this chapter.
(i) A non-resident whose driving privileges have been revoked pursuant
to sections five hundred ten, eleven hundred ninety-three and eleven
hundred ninety-four of this chapter shall, upon application for
reinstatement of such driving privileges, pay to the commissioner of
motor vehicles a fee of twenty-five dollars. Such fee is not refundable
and shall not be returned to the applicant regardless of the action the
commissioner may take on such person's application for reinstatement of
such driving privileges.
(j) Whenever a license issued pursuant to this article, or a privilege
of operating a motor vehicle or of obtaining such a license, has been
suspended, such suspension shall remain in effect until a termination of
a suspension fee of fifty dollars is paid to the commissioner; provided,
however, when the basis for the suspension is a finding of driving after
having consumed alcohol pursuant to the provisions of section eleven
hundred ninety-two-a of this chapter, the fee to be paid to the
commissioner shall be one hundred dollars. The provisions of this
paragraph shall not apply to a temporary suspension pending a hearing,
prosecution or investigation, nor to an indefinite suspension which is
issued because of the failure of the person suspended to perform an act,
which suspension will be terminated by the performance of the act.
(j-1) (i) When a license issued pursuant to this article, or a
privilege of operating a motor vehicle or of obtaining such a license,
has been suspended based upon a failure to answer an appearance ticket
or a summons or failure to pay a fine, penalty or mandatory surcharge,
pursuant to subdivision three of section two hundred twenty-six,
subdivision four of section two hundred twenty-seven, subdivision four-a
of section five hundred ten or subdivision five-a of section eighteen
hundred nine of this chapter, such suspension shall remain in effect
until a termination of a suspension fee of seventy dollars is paid to
the court or tribunal that initiated the suspension of such license or
privilege. In no event may the aggregate of the fees imposed by an
individual court pursuant to this paragraph for the termination of all
suspensions that may be terminated as a result of a person's answers,
appearances or payments made in such cases pending before such
individual court exceed four hundred dollars. For the purposes of this
paragraph, the various locations of the administrative tribunal
established under article two-A of this chapter shall be considered an
individual court.
(ii) Any such fee collected by any court, judge, magistrate or other
officer specified in subdivision one of section thirty-nine of the
judiciary law, establishing a unified court budget, shall be paid to the
state commissioner of taxation and finance on a monthly basis no later
than ten days after the last day of each month. All such monies
collected under this subdivision shall be deposited to the indigent
legal services fund established by section ninety-eight-b of the state
finance law.
(iii) Any such fee collected by any other court, judge, magistrate or
other officer shall, except as provided in paragraph (k) of this
subdivision, be paid to the state comptroller within the first ten days
of the month following collection. Every such payment to the comptroller
shall be accompanied by a statement in such form and detail as the
comptroller shall provide. All such monies collected under this
subdivision shall be deposited to the indigent legal services fund
established by section ninety-eight-b of the state finance law.
(iv) Notwithstanding any other provision of this paragraph, fifty
percent of all fees collected pursuant to this paragraph shall be
deposited to the credit of the general fund.
(k) Fees assessed for reapplication for a driver's license or
reinstatement of driving privileges after revocation or required to be
paid for termination of suspension as provided in paragraphs (h), (i)
and (j) of this subdivision shall be paid to the commissioner for
deposit to the general fund. Fees assessed for termination of suspension
as provided in paragraph (j-1) of this subdivision and collected by an
administrative tribunal established under article two-A of this chapter
shall be paid over to the state comptroller to the credit of the
indigent legal services fund established by section ninety-eight-b of
the state finance law.
3. Waiver of fee. The commissioner may waive the payment of fees
required by subdivision two of this section if the applicant:
(i) is an inmate in an institution under the jurisdiction of a state
department or agency, or
(ii) is a victim of crime and the driver's license or learner's permit
applied for is a replacement for one that was lost or destroyed as a
result of the crime.
4. Driver responsibility assessment. (a) Any person who accumulates
six or more points on his or her driving record for acts committed
within an eighteen month period shall become liable to the department
for payment of a driver responsibility assessment as provided in this
subdivision.
(b) The amount of the driver responsibility assessment under this
section shall be one hundred dollars per year for a three-year period
for the first six points on a driver's record and an additional
twenty-five dollars per year for each additional point on such driver's
record.
(c) Upon receipt of evidence that a person is liable for the driver
responsibility assessment required by this subdivision, the commissioner
shall notify such person by first class mail to the address of such
person on file with the department or at the current address provided by
the United States postal service of the amount of such assessment, the
time and manner of making required payments, and that failure to make
payment shall result in the suspension of his or her driver's license or
privilege of obtaining a driver's license.
(d) If a person shall fail to pay any driver responsibility assessment
as provided in this subdivision, the commissioner shall suspend such
person's driver's license or privilege of obtaining a license. Such
suspension shall remain in effect until any and all outstanding driver
responsibility assessments have been paid in full.
(e) Any completion of a motor vehicle accident prevention course
approved pursuant to article twelve-B of this chapter shall not serve to
reduce the calculation of points on a person's driving record for the
purposes of this section.
(f) Notwithstanding any other provision of law to the contrary,
commencing April first, two thousand six and ending March thirty-first,
two thousand seven, the first forty million seven hundred thousand
dollars of fees collected pursuant to this subdivision and section
eleven hundred ninety-nine of this chapter, in the aggregate, shall be
paid to the state comptroller who shall deposit such money in the state
treasury pursuant to section one hundred twenty-one of the state finance
law to the credit of the general fund. Any such fees collected in excess
of such amount shall be paid to the credit of the comptroller on account
of the dedicated highway and bridge trust fund established pursuant to
section eighty-nine-b of the state finance law. Commencing April first,
two thousand seven and ending March thirty-first, two thousand eight,
and for each such fiscal year thereafter, the first forty million seven
hundred thousand dollars of fees collected pursuant to this subdivision
and section eleven hundred ninety-nine of this chapter, in the
aggregate, shall be paid to the state comptroller who shall deposit such
money in the state treasury pursuant to section one hundred twenty-one
of the state finance law to the credit of the general fund. Any such
fees collected in excess of such amount for each such state fiscal year,
shall be paid to the credit of the comptroller on account of the
dedicated highway and bridge trust fund established pursuant to section
eighty-nine-b of the state finance law.
S 504. Form of license. 1. (a) Every license or renewal thereof shall
contain a distinguishing mark and adequate space upon which an
anatomical gift, pursuant to section forty-three hundred ten of the
public health law, by the licensee shall be recorded and shall contain
such other information and shall be issued in such form as the
commissioner shall determine; provided, however, every license or
renewal thereof issued to a person under the age of twenty-one years
shall have prominently imprinted upon it the statement "UNDER 21 YEARS
OF AGE" in notably distinctive print or format; provided further,
however, every license or renewal thereof issued to a person making an
anatomical gift shall have prominently printed upon the front of such
license or renewal thereof the statement "ORGAN DONOR" in notably
distinctive print or format. The commissioner shall not require fees for
the issuance of such licenses or renewals thereof to persons under
twenty-one years of age or to persons making an anatomical gift which
are different from the fees required for the issuance of licenses or
renewals thereof to persons twenty-one years of age or over or to
persons not making an anatomical gift.
(a-1) Every license or renewal thereof issued to an applicant who was
a member of the armed forces of the United States and received an
honorable discharge or was released therefrom under honorable conditions
shall, upon his or her request and submission of proof as set forth
herein, contain a distinguishing mark, in such form as the commissioner
shall determine, indicating that he or she is a veteran. Such proof
shall consist of a certificate of release or discharge from active duty
including but not limited to a DD Form 214 or other proof satisfactory
to the commissioner. The commissioner shall not require fees for the
issuance of such licenses or renewals thereof to persons requesting a
veteran notation which is different from fees otherwise required.
(b) The commissioner may by regulation provide that every driver's
license contain the photo image of the licensee. The learner's permit
may also contain the photo image of the permittee pursuant to
regulations established by the commissioner.
2. Whenever an applicant for a license has successfully met the
requirements for the issuance of a license, the license issued by the
commissioner may be a temporary license which shall be valid until the
license provided in subdivision one of this section is issued or until
forty-five days from the date such temporary license is issued,
whichever occurs first. The commissioner may in his discretion extend
the period of validity of such temporary license. Such temporary license
shall be in such form as the commissioner shall determine.
3. Notwithstanding any other provision of law, any photo image taken
as part of the application procedure for a learner's permit or an
original, duplicate, renewal or amended driver's license shall not be a
public record.
S 505. Duplicate and amended licenses and permits; change of address.
1. Lost, mutilated or destroyed license or permit. In the event of the
loss, mutilation or destruction of any driver's license, or any part
thereof, or any learner's permit, or any document issued by the
commissioner and required for the issuance of a license, the licensee or
applicant may file with the commissioner proof of the facts with respect
to such loss, mutilation or destruction together with the fee prescribed
by law. If the commissioner is satisfied that the applicant is entitled
to a duplicate of such item, he shall issue a duplicate of the lost,
mutilated or destroyed item. Any mutilated item shall be surrendered
before a duplicate is issued. If a duplicate license or permit is issued
because of a lost license or permit, and such lost license or permit is
later recovered by the licensee or permit holder, he shall surrender
such recovered item to the commissioner for cancellation within ten days
after recovery of such item.
2. Change of class of license or addition of class to license. Any
licensee holding a license of one class who desires to obtain a license
of another class or to add a different class or endorsement to a license
may file an application with the commissioner together with the fee for
an amended license for the purpose of having such license amended. The
commissioner may require such applicant to take any tests required for
the issuance of a license in the desired class. Upon successful
completion of any required tests and the surrender of the prior license,
the commissioner shall issue such amended license.
3. Removal of restriction. Any person holding a license containing
restrictions as to use, other than one imposed solely by statute, may
file an application with the commissioner together with the fee for an
amended license for the purpose of having such restriction removed. The
commissioner shall require such applicant to submit such information or
to take such tests as he deems appropriate with respect to such
restrictions. Upon approval of such information or the successful
completion of such tests, and the surrender of the prior license, the
commissioner shall issue an appropriate amended license.
4. Amendment of license. Any person holding a license which contains
any error, other than a clerical error made by the issuing agency, with
respect to the information contained thereon, except with respect to the
address of such licensee, may file an application with the commissioner
together with the fee, if any, for an amended license to have such error
corrected. The commissioner shall require such person to submit proof
acceptable to him with respect to the facts, and upon approval of such
proof and the surrender of the prior license, the commissioner shall
issue an appropriate amended license.
5. Change of address. It shall be the duty of every licensee to notify
the commissioner in writing of any change of residence of such licensee
within ten days after such change occurs and to make a notation of such
change of residence on such license in the place provided by the
commissioner.
6. It shall be the duty of the commissioner to deliver to the state
board of elections, at least semi-annually, records, in a format as
mutually determined by both agencies, of the names of all licensed
drivers of voting age who have voluntarily surrendered their New York
state drivers licenses in order to obtain a license in another state.
Where feasible the department of motor vehicles shall also deliver
records of the names of all licensed drivers of voting age who have
notified the department of a change of residence address. Such records
shall be arranged by county of old residence and shall include the name,
birth date and old residence address of each such licensee and the new
residence address of each such person who has moved within New York
state.
S 506. Reexamination of licensees. 1. If the commissioner has
reasonable grounds to believe that a person holding a license issued
pursuant to this article is not qualified to drive a motor vehicle, the
commissioner may require such person to submit to an examination to
determine his qualifications.
2. The commissioner may require every person holding a license issued
pursuant to this article to submit to such an examination as shall be
determined by him to be appropriate if such person has been involved in
three accidents while driving a motor vehicle or motorcycle within a
period of eighteen months, if such accidents were required to be
reported by section six hundred five of this chapter.
3. If the licensee satisfactorily passes any such examination, he
shall be so informed and his license shall continue to be valid. If he
fails to pass, the commissioner shall take such reasonable action as may
be required. Such action may consist of imposing restrictions on the
use of the license of such person, in suspending such license for a
definite or indefinite period, or in revoking such license. If any such
person fails after reasonable notice or refuses to submit to an
examination, the commissioner may revoke his license or suspend it for
an indefinite period solely because of such failure or refusal.
4. Any person holding a license issued pursuant to this chapter who
suffers permanent loss of use of one or both hands or arms or of one or
both feet or legs, or one eye shall, before operating any motor vehicle
or motorcycle make report thereof to the commissioner, who shall take
such reasonable action as may be proper under the provisions of this
section.
5. Upon the permanent loss of use of both eyes a license issued under
this article shall be null and void.
S 507. Miscellaneous provisions. 1. Driver education. Notwithstanding
any other provisions of this article, a class D or class M license,
whichever is appropriate, may be issued to a minor seventeen years of
age who has successfully completed a driver education course approved by
the state education department and the commissioner in a high school or
college and who has submitted proof of completion of the minimum hours
of supervised driving as required in paragraph (d) of subdivision two of
section five hundred two of this article. No such driver education
course may be approved unless classroom training is provided by a person
approved by the state education department and the commissioner.
However, a school district may contract with one or more licensed
drivers' schools to provide behind the wheel training, pursuant to
regulations promulgated by the commissioner. The commissioner shall
prescribe the requirements for licensing of such minors. A student
enrolled in such an approved driver education course may operate a motor
vehicle without holding a driver's license or a learner's permit while
under the immediate supervision of an instructor in such course or a
driver's school instructor providing behind the wheel training in such a
course, provided such operation is in accordance with the rules
established by the commissioner. Every student who successfully
completes such course in a day, evening or summer school program offered
by a public or private school shall receive certification of such
completion on a certificate prescribed by the commissioner.
2. Failure to exhibit license. Failure by a licensee to exhibit a
license valid for operation under this chapter to any magistrate, motor
vehicle license examiner, motor vehicle investigator, peace officer,
acting pursuant to his special duties, or police officer shall be
presumptive evidence that he is not duly licensed.
4. Entry into military service. If any person who enters military
service shall fail to give timely notification in writing of such entry
to the commissioner, the commissioner may, in his discretion, refuse to
renew such person's driver's license, if such license is not otherwise
renewable under the provisions of this article.
5. Road tests. A motor vehicle license examiner or other agent
designated by the commissioner, while engaged in conducting a road test
is not deemed to be a supervising or an accompanying driver in relation
to the applicant being tested.
S 508. Administrative procedures. 1. The commissioner shall appoint
agents to act in his behalf with respect to the acceptance of
applications and the issuance of licenses and permits prescribed in this
article, and he may prescribe the internal procedures to be followed by
such agents with respect to such matters.
2. Any application required to be filed under this article shall be in
a manner and on a form or forms prescribed by the commissioner. The
applicant shall furnish all information required by statute and such
other information as the commissioner shall deem appropriate.
3. License record. The commissioner shall keep a record of every
license issued which record shall be open to public inspection during
reasonable business hours. Neither the commissioner nor his agent shall
be required to allow the inspection of an application, or to furnish a
copy thereof, or information therefrom, until a license has been issued
thereon.
4. The commissioner may promulgate regulations with respect to the
administration of the provisions of this article.
5. The commissioner is directed to develop license application and
renewal forms which shall solicit a voluntary one dollar donation from
persons applying for or renewing a driver's license at the time of such
application or renewal. Of monies collected pursuant to this
subdivision, the first one hundred fifty thousand dollars shall be
retained by the department to offset its initial program costs.
Subsequently, five percent of any monies collected pursuant to this
subdivision shall be retained by the department for continuing
administrative costs. The remainder of such monies collected pursuant to
this subdivision shall be deposited in the life pass it on trust fund
established pursuant to section ninety-five-d of the state finance law,
as added by chapter four hundred fifteen of the laws of two thousand
three.
S 509. Violations. 1. Except while operating a motor vehicle during
the course of a road test conducted pursuant to the provisions of this
article, no person shall operate or drive a motor vehicle upon a public
highway of this state or upon any sidewalk or to or from any lot
adjacent to a public garage, supermarket, shopping center or car washing
establishment or to or from or into a public garage or car washing
establishment unless he is duly licensed pursuant to the provisions of
this chapter.
1-a. Whenever a license is required to operate a commercial motor
vehicle, no person shall operate a commercial motor vehicle without the
proper endorsements for the specific vehicle being operated or for the
passengers or type of cargo being transported.
2. Whenever a license is required to operate a motor vehicle, no
person shall operate a motor vehicle unless he is the holder of a class
of license which is valid for the operation of such vehicle.
3. Whenever a permit or license is required to operate a motor
vehicle, no person shall operate any motor vehicle in violation of any
restriction contained on, or applicable to, the permit or license.
4. No person shall knowingly authorize or permit a motor vehicle owned
by him or in his charge to be operated in violation of subdivisions one,
two or three of this section.
5. No person shall hold more than one unexpired license issued by the
commissioner at any one time. The holding of a license of one class and
a learner's permit for another class at the same time shall not be
deemed a violation of this subdivision.
6. No licensee shall voluntarily permit any other person to use his
license, nor shall any person at any time possess or use any forged,
fictitious or illegally obtained license, or use any license belonging
to another person.
7-a. No person shall operate a commercial motor vehicle while knowing
or having reason to know that he or she is not medically certified, as
required, in accordance with the federal motor carrier safety
improvement act of 1999 and Part 383.71(h) of title 49 of the code of
federal regulations.
7. No person shall operate a commercial motor vehicle without being in
possession of the appropriate license for the motor vehicle being
operated.
8. No licensee shall fail to notify the commissioner in writing of a
change of residence as required by this article.
9. Whenever notice of disability is required to be given to the
commissioner as required by this article, no person shall operate any
motor vehicle until such notice has been given.
10. No person shall hold an unexpired license issued by the
commissioner while holding a driver's license issued by any other
jurisdiction. This prohibition shall not apply to any license which by
its terms is valid only within the jurisdiction of issuance. Nor shall
it apply if such person has informed the commissioner of such multiple
licenses and the commissioner has determined that it is necessary for
such person to hold more than one license to comply with the laws of
each of the jurisdictions in which such licenses were issued. The
foregoing exceptions shall not be applicable to commercial driver's
licenses after December thirty-first, nineteen hundred eighty-nine.
11. A violation of any provision of this section shall be punishable
by a fine of not less than seventy-five nor more than three hundred
dollars, or by imprisonment for not more than fifteen days, or by both
such fine and imprisonment except, if the violation consists of failure
to renew a license which was valid within sixty days, the fine shall be
not more than forty dollars, and except that a violation of subdivision
seven or eight of this section shall be punishable by a fine of not more
than seventy-five dollars.
12. A violation of subdivision two of this section involving the
operation for hire of any vehicle as a taxicab, livery as defined in
section one hundred twenty-one-e of this chapter, coach, limousine, van
or wheelchair accessible van or tow truck within the state without the
appropriate license therefor, shall be punishable by a fine of not less
than two hundred twenty-five dollars nor more than four hundred fifty
dollars. A person who operates a vehicle for hire without the
appropriate license therefor pursuant to subdivision two of this section
after having been convicted of such a violation within the preceding
five years shall be punished by a fine of not less than three hundred
seventy-five dollars nor more than seven hundred fifty dollars. A person
who operates a vehicle for hire without the appropriate license therefor
pursuant to subdivision two of this section after having been convicted
two or more times of such a violation within the preceding ten years
shall be punished by a fine of not less than seven hundred fifty dollars
nor more than one thousand five hundred dollars.
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