2006 New York Code - General Provisions For Licensing Of Drivers.



 
    §  19-505  General  provisions  for licensing of drivers. a. No person
  shall drive any motor  vehicle  for  hire  which  is  regulated  by  the
  provisions of this chapter without first obtaining from the commission:
    (i) a taxicab driver's license, if the vehicle driven is a taxicab; or
    (ii) a coach driver's license, if the vehicle driven is a coach; or
    (iii)  a for-hire vehicle driver's license, if the vehicle driven is a
  for-hire vehicle; or
    (iv) a wheelchair accessible van  driver's  license,  if  the  vehicle
  driven is a wheelchair accessible van; or
    (v)  a  commuter  van  driver's  license,  if  the vehicle driven is a
  commuter van.
    The issuance of a license  to  a  person  to  drive  any  one  of  the
  aforementioned  licensed vehicles shall not entitle such person to drive
  any other such licensed vehicle without first obtaining  the  additional
  appropriate driver's license.
    b.  Each  applicant  for a license, other than a commuter van driver's
  license, must:
    1. Hold a New York state chauffeur's license.
    2. Be nineteen years of age or over.
    3. Be of sound physical condition with good eyesight and no  epilepsy,
  vertigo,  heart  trouble  or  any  other infirmity of body or mind which
  might render him or her unfit for  the  safe  operation  of  a  licensed
  vehicle.
    4. Be fingerprinted.
    5. Be of good moral character.
    6. Not be addicted to the use of drugs or intoxicating liquors.
    c. Applications for driver's licenses must be filed as directed by the
  commission,  and  must  be accompanied by the required license fee. Such
  application shall be on a form provided by the  commission  and  contain
  such information as the commission deems reasonably necessary.
    d.  Each applicant for a driver's license under the provisions of this
  chapter, other than a commuter van driver's license, shall  be  examined
  as  to  his  or  her  physical  condition  by  a duly licensed physician
  designated by the commission; each such applicant shall also be examined
  by the commission as to his or her knowledge of the  city,  and  if  the
  result  of  either  examination  is  unsatisfactory  he  or she shall be
  refused a license.
    e. Each applicant for a driver's license must file  with  his  or  her
  application  two  recent photos of such applicant of a size which may be
  easily attached to his or her license, one of which shall be attached to
  the license when issued and the other filed with the application in  the
  office of the commission.
    f. Upon satisfactory fulfillment of the applicable requirements, there
  shall  be  issued  to the applicant a driver's license which shall be in
  such form as the commission may direct.
    g. Original driver's licenses and renewals thereof shall be valid  for
  a period of not less than one year nor more than three years.
    h.  The  commission  may  renew a driver's license provided the driver
  shall have made application on the prescribed  form  during  the  period
  which the commission shall designate, and the commission may require the
  same standards and tests as are applicable for original applications.
    i.  The  commission may revoke any driver's license for nonuse, in the
  event it shall determine  that  the  driver  has  not  worked  at  least
  twenty-five days as a licensed driver in the calendar year preceding the
  calendar  year  in  which such determination is made, provided that such
  failure to work as a licensed driver  shall  not  have  been  caused  by
  strike,  riot,  war  or  other public catastrophe. However, in the event
  that it is shown to the commission by competent proof that a driver  has

been disabled through illness, his or her license shall not be revoked because of such nonuse as provided in this subdivision. j. Fees shall be paid by each applicant for a driver's license, as determined by the commission, but not to exceed the following: For each original one-year license.... $60.00 For renewal of a one year period...... $60.00 The fee for an original license or a renewal thereof shall be paid at the time of filing the applications and shall not be refunded in the event of disapproval of the application. An additional fee not exceeding twenty-five dollars shall be paid for each license issued to replace a lost or mutilated license. There shall be an additional fee of twenty-five dollars for late filing of a license renewal application where such late filing is permitted by the commission. k. Every driver who has obtained a license pursuant to this section shall comply with the rules and regulations promulgated by the commission for drivers of the type of vehicle for which the driver is licensed. l. The commission may, after a hearing, suspend or revoke any driver's license for failure to comply with any provision of this chapter applicable to licensed drivers or for failure to comply with the commission's rules and regulations. m. Notwithstanding any other provision of this section, the commission shall not issue a commuter van driver's license to an applicant unless the applicant: (1) has been fingerprinted for the purpose of securing criminal history records from the state division of criminal justice services for which the applicant shall pay any processing fee required by the state division of criminal justice services; (2) satisfies the commission that such applicant is fit and able to drive the commuter van for which the license is sought; (3) possesses a commercial driver's license which pursuant to the vehicle and traffic law is valid for the operation of such commuter van for the transportation of passengers for-hire; (4) has met the qualifications set forth in article nineteen-A of the vehicle and traffic law for the operation of a bus as defined in such article; and (5) has not engaged in any conduct that would be a basis for suspension or revocation of such license pursuant to rules promulgated by the commission. n. The commission shall approve or disapprove an application for the issuance of a commuter van driver's license within one hundred eighty days after the completed application is filed. The failure to approve or disapprove such application within such time shall be deemed a disapproval of such application. o. Every commuter van driver's license shall be issued on the condition that the applicant possesses a commercial driver's license and complies with article nineteen-A of the vehicle and traffic law as described in paragraphs three and four of subdivision m of this section during the time that such commuter van driver's license is in effect. Notwithstanding any other provision of law, suspension or revocation of such commercial driver's license pursuant to the vehicle and traffic law or noncompliance with article nineteen-A of the vehicle and traffic law shall render the commuter van driver's license suspended on and after the date of the suspension or revocation of such commercial driver's license or noncompliance with such article nineteen-A and during the period of such suspension, revocation or noncompliance, and any person who drives a commuter van that is required to be licensed pursuant to section 19-504 of this chapter during the period of such suspension, revocation or noncompliance shall be deemed to be driving a commuter van without a license required by this section.
p. Any commuter van driver's license issued pursuant to this section shall be revoked after the holder of such license has had an opportunity for a hearing in accordance with procedures to be established by the commission and such holder is found to have failed to comply with paragraph two of subdivision a of section 19-529.1 of this chapter three times within a period of six months.

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