NY Veh & Traf L § 501 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 5 - Drivers' Licenses Article 19 - Licensing of Drivers 501 - 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 and shall be valid to operate any altered motor  vehicle commonly  referred to as a "stretch limousine" having a seating capacity of nine or more passengers including the driver 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  and other  than  an altered motor vehicle commonly referred to as a "stretch limousine"  having  a  seating  capacity  of  nine  or  more  passengers including the driver.  (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,  any altered  motor  vehicle  commonly  referred  to as a "stretch limousine" having a seating capacity of  nine  or  more  passengers  including  the driver or any motor vehicle with a gross vehicle weight or gross vehicle weight  rating of more than twenty-six thousand pounds which is designed to  transport  passengers  in  commerce.  For  the  purposes   of   this subparagraph the gross vehicle weight of a vehicle shall mean the actual weight of the vehicle and the load.  (v)  X  endorsement.  Shall  be  an  endorsement  combining  H  and  N endorsements.  (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.