NY Veh & Traf L § 530 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 5 - Drivers' Licenses Article 21-A - Restricted Use Licenses 530 - Restricted Use Licenses.

§ 530. Restricted  use  licenses.  A  person  whose driving license or privilege of operating a motor vehicle in this state has been heretofore suspended or revoked pursuant to the provisions of section five  hundred ten  of  this  chapter  or  whose driver's license or privilege has been revoked pursuant to section three hundred eighteen of this  chapter  and for  whom  the holding of a valid license is a necessary incident to his employment, business, trade, occupation or profession, or to his  travel to  and  from  a  class  or  course  at an accredited school, college or university or at a state approved institution of vocational or technical training or enroute to and from a medical examination  or  treatment  as part  of a necessary medical treatment for such participant or member of his household, as evidenced by a written statement to that effect from a licensed medical practitioner may thereafter apply for and may be issued a restricted use license or if the holder of a license issued by another jurisdiction valid  for  operation  in  this  state,  a  restricted  use privilege of operating a motor vehicle in this state as provided herein.  (1)  The issuance of a restricted use license or privilege shall be in the discretion of  the  commissioner  of  motor  vehicles  or  his  duly authorized  agent,  who  may  require  the  applicant to attend a driver rehabilitation program specified  by  the  commissioner,  and  shall  be issued  only  after  it is established to the reasonable satisfaction of the issuing officer that a driving license or privilege is  a  necessary incident  to  the applicant's employment, business, trade, occupation or profession, or to his travel to  and  from  a  class  or  course  at  an accredited  school,  college  or  university  or  at  a  state  approved institution of vocational or technical training or enroute to and from a medical  examination  or  treatment  as  part  of  a  necessary  medical treatment  for such participant or member of his household, as evidenced by  a  written  statement  to  that  effect  from  a  licensed   medical practitioner  and  that  a  denial  of  such  license or privilege would deprive the  person  of  his  usual  means  of  livelihood  and  thereby constitute  an  unwarranted  and  substantial  financial hardship on the applicant and his  immediate  family  or  would  seriously  impair  such person's ability to meet the requirements of his education.  (2)  Such  license  or  privilege shall not be issued to a person who, within  the  four  year  period  immediately  preceding  the   date   of application,  has been convicted within or without the state of homicide or assault  arising  out  of  the  operation  of  a  motor  vehicle,  of criminally negligent homicide or criminal negligence in the operation of a  motor  vehicle  resulting  in death, or has been convicted within the state of a violation of subdivision two of section six hundred  of  this chapter  or  of reckless driving. Such license or privilege shall not be issued  to  a  person  whose  license  or  privilege,  at  the  time  of application,  is  revoked pursuant to the provisions of subparagraph (x) or (xi) of paragraph a of subdivision two of section five hundred ten of this chapter. Such license or privilege shall not be issued to a  person whose  license  or  privilege  is  suspended  or  revoked  because  of a conviction of a violation of subdivision one, two, two-a, three, four or four-a of section eleven hundred ninety-two of this chapter or a similar offense in another  jurisdiction,  or  whose  license  or  privilege  is revoked  by  the  commissioner  for refusal to submit to a chemical test pursuant to subdivision two of section  eleven  hundred  ninety-four  of this  chapter. Such license or privilege shall not be issued to a person who within the five  year  period  immediately  preceding  the  date  of application  for  such  license  or  privilege  has  been convicted of a violation of subdivision one, two,  two-a,  three,  four  or  four-a  of section   eleven  hundred  ninety-two  of  this  chapter  or  a  similar alcohol-related offense in another jurisdiction,  or  whose  license  or  privilege  has been revoked by the commissioner for refusal to submit to a chemical test pursuant to subdivision two of  section  eleven  hundred ninety-four of this chapter, except that such a license or privilege may be issued to such a person if, after such conviction or revocation, such person successfully completed an alcohol and drug rehabilitation program established   pursuant   to   article  thirty-one  of  this  chapter  in conjunction with such conviction or revocation. Provided, however,  that nothing  herein shall be construed as prohibiting an operator from being issued a limited or conditional license or  privilege  pursuant  to  any alcohol rehabilitation program established pursuant to this chapter.  (3)  Such license or privilege and renewal thereof shall be issued for a period not exceeding the period during  which  such  person's  regular driver's  license  or  privilege has been suspended or revoked, shall be marked and identified as a restricted use license or privilege and shall be valid only: (a) during the time the holder  is  actually  engaged  in pursuing  or  commuting  to  or  from his business, trade, occupation or profession, (b) en route to and from a driver rehabilitation program  or related  activity  specified by the commissioner at which his attendance is required, (c) to and from a class or course at an accredited  school, college  or  university or at a state approved institution of vocational or technical training, (d) enroute to and from a medical examination  or treatment  as part of a necessary medical treatment for such participant or member of his household, as evidenced by a written statement to  that effect  from a licensed medical practitioner, or (e) enroute to and from a place, including a school, at which  the  child  or  children  of  the holder  are  cared for on a regular basis and which is necessary for the holder  to  maintain  such  holder's  employment  or  enrollment  at  an accredited  school,  college  or  university  or  at  a  state  approved institution of vocational or technical training and  shall  contain  the terms and conditions under which it is issued and is valid. In the event the holder of a restricted use license or privilege is convicted of: any violation  (other  than parking, stopping or standing) or of operating a motor  vehicle  for  other  than  his   employment,   business,   trade, occupational  or professional or other purposes for which the license or privilege was  issued,  or  does  not  comply  with  other  requirements established  by  the  commissioner,  such  license  or  privilege may be revoked and the holder shall not be eligible to  receive  a  license  or privilege  pursuant  to this section for a period of five years from the date of such revocation.  (4) The fee for  a  restricted  use  license  or  privilege  shall  be seventy-five  dollars to be paid upon the issuance thereof, and such fee shall not be refundable.  (4-a) Fees assessed for a restricted use license or privilege shall be paid to the commissioner for deposit in the general fund.   * (5) A restricted use license or privilege shall  be  valid  for  the operation  of any motor vehicle, except a vehicle for hire as a taxicab, livery, coach, limousine, van or wheelchair accessible van or tow  truck as  defined  in this chapter subject to the conditions set forth herein, which the holder would otherwise be entitled to operate had his  drivers license  or  privilege  not  been  suspended or revoked. Notwithstanding anything to the contrary in a certificate of relief from disabilities or a certificate of good conduct issued pursuant to article twenty-three of the correction law, a restricted use license shall not be valid for  the operation  of a commercial motor vehicle. A restricted use license shall not be valid for the operation of a  vehicle  for  hire  as  a  taxicab, livery,  coach, limousine, van or wheelchair accessible van or tow truck where the holder thereof had his or her  drivers  license  suspended  or revoked  and  (i) such suspension or revocation is mandatory pursuant to  the provisions of subdivision two or two-a of section five  hundred  ten of this title; or (ii) any such suspension is permissive for habitual or persistent  violations  of  this  chapter  or  any local law relating to traffic as set forth in paragraph d or i of subdivision three of section five  hundred  ten  of  this  title;  or  (iii)  any  such suspension is permissive and has been imposed by a magistrate, justice or judge of any city, town or village, any supreme court justice, any county  judge,  or judge  of  a  district  court.  Except for a commercial motor vehicle as defined in subdivision four of section five hundred one-a of this title, the restrictions on types of vehicles  which  may  be  operated  with  a restricted license contained in this subdivision shall not be applicable to  a  restricted  license  issued  to  a  person whose license has been suspended pursuant to paragraph three of subdivision four-e  of  section five hundred ten of this title.   * NB Effective until August 31, 2023   * (5)  A  restricted  use  license or privilege shall be valid for the operation of any motor vehicle, except a commercial motor vehicle  or  a vehicle  for  hire  as  a  taxicab,  livery,  coach,  limousine,  van or wheelchair accessible van or  tow  truck  as  defined  in  this  chapter subject  to  the  conditions  set  forth  herein, which the holder would otherwise be entitled to operate had his drivers  license  or  privilege not  been  suspended  or  revoked. A restricted use license shall not be valid for the operation of a vehicle for  hire  as  a  taxicab,  livery, coach,  limousine,  van  or wheelchair accessible van or tow truck where the holder thereof had his or her drivers license suspended  or  revoked and  (i)  such  suspension  or  revocation  is mandatory pursuant to the provisions of subdivision two or two-a of section five  hundred  ten  of this  chapter  or (ii) any such suspension is permissive for habitual or persistent violations of this chapter  or  any  local  law  relating  to traffic  as  set  forth  in paragraph (d) or (i) of subdivision three of section five hundred ten of this chapter; or (iii) any  such  suspension is  permissive and has been imposed by a magistrate, justice or judge of any city, town or village, any supreme court justice, any county  judge, or judge of a district court.   * NB Effective August 31, 2023   * (5-a)  Issuance  of  a restricted license shall not be denied to any person whose  license  is  suspended  pursuant  to  paragraph  three  of subdivision  four-e  of section five hundred ten of this chapter for any reason other than such person's failure to otherwise  have  a  valid  or renewable  driver's license. The issuance of a restricted license issued as a result of a suspension under subdivision  four-e  of  section  five hundred  ten  of  this  chapter  shall  not in any way affect a person's possible eligibility for a restricted license at some future time.   * NB Repealed August 31, 2023  (5-b) Issuance of a restricted license shall  not  be  denied  to  any person  whose  license  is  suspended  pursuant to subdivision four-f of section five hundred ten of this title for any reason  other  than  such person's  failure  to  otherwise  have  a  valid  or  renewable driver's license. The restrictions on the types of vehicles which may be operated with a restricted license contained in such  subdivision  five  of  this section  shall  not  be  applicable  to a restricted license issued to a person pursuant to subdivision four-f of section  five  hundred  ten  of this title. The issuance of a restricted license issued as a result of a suspension  under subdivision four-f of section five hundred ten of this title shall  not  in  any  way  affect  a  person's  eligibility  for  a restricted license at some future time.  (6)  It  shall  be a traffic infraction for the holder of a restricted use license or privilege to  operate  a  motor  vehicle  upon  a  public  highway  for any use other than those authorized pursuant to subdivision three of this section.  (7)  Subject  to the limitation prescribed in subdivision four of this section, a restricted use license or privilege shall be valid until  the expiration  date  of any unrestricted driver's license which was held by such person prior  to  the  suspension  or  revocation  upon  which  the restricted   use  license  or  privilege  has  been  issued.  Upon  such expiration, the restricted use license or privilege may be  renewed  for the same fee for which such unrestricted license could have been renewed and  such renewal fee shall be applied to the renewal, if issued by this state, or reissuance of his  unrestricted  driver's  license  when  such license is eligible for issuance.  (8)  The commissioner shall establish a schedule of fees to be paid by or on behalf  of  each  person  who  is  required  to  attend  a  driver rehabilitation  program  as  a condition to the issuance of a restricted use license or privilege, and he may, from  time  to  time,  modify  the same.  Such fees shall defray the ongoing expenses of the program. In no event shall  such  fee  be  refundable.  A  driver  improvement  program established  pursuant  to  section  five  hundred twenty-three-a of this chapter may be designated by the commissioner as a driver rehabilitation program under this section if the curriculum and other requirements both for the purposes of this section and section five hundred twenty-three-a of this chapter are satisfied by such program.  Where  the  commissioner has   approved   any  driver  improvement  program  conducted  by  local authorities as a driver rehabilitation program under this  section,  any fee  required for attendance at such program shall be paid to the agency conducting such program.  (9)  In  order  to  effectuate  the  purpose  of  this   section   the commissioner shall establish and publish rules and regulations as may be necessary for the administration hereof.