2006 New York Code - Drivers\' Licenses And Learners\' Permits.

 
    §  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 military vehicle operated by a member of the armed
  forces,  or  a  police  or  fire  vehicle during its use in an emergency
  operation, as defined in section one hundred fourteen-b of this chapter,
  or a vehicle owned and  identified  as  being  owned  by  the  state,  a
  political  subdivision  thereof,  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 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.
    (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  or  limited  class  DJ and 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.