NY Veh & Traf L § 502 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 5 - Drivers' Licenses Article 19 - Licensing of Drivers 502 - Requirements for Licensing.

§  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.  With  respect  to a non-commercial driver's license  or  learner's  permit  which  does  not  meet  federal standards  for  identification,  in addition to the acceptable proofs of age and identity approved by the commissioner as of January  first,  two thousand  nineteen, acceptable proof of identity shall also include, but not be limited to, a valid, unexpired foreign  passport  issued  by  the applicant's  country  of  citizenship  (which  shall also be eligible as proof of age),  a  valid,  unexpired  consular  identification  document issued  by a consulate from the applicant's country of citizenship, or a valid foreign driver's license  that  includes  a  photo  image  of  the applicant  and  which  is unexpired or expired for less than twenty-four months of its date of  expiration,  as  primary  forms  of  such  proof. Nothing  contained  in  this subdivision shall be deemed to preclude the commissioner from approving additional proofs of identity and age.   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 or, in lieu thereof, with respect to an application for a non-commercial driver's license or learner's permit which does not meet federal standards for identification,  an  affidavit signed  by  such  applicant  that  they  have  not  been issued a social security number. The  commissioner  also  shall  provide  space  on  the application  so  that  the  applicant  may  request a notation upon such license that he or she is a veteran of the United States  armed  forces, and  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  health shall not maintain records of any person who checks "skip this question". Except where the application is made in person or electronically, 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, except as otherwise  provided  pursuant  to the   provisions   of  paragraph  (b)  of  subdivision  one  of  section forty-three hundred one of the public health law. 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 December 21, 2021   * 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. With respect to a non-commercial driver's license or learner's  permit  which does  not  meet federal standards for identification, in addition to the acceptable proofs of age and identity approved by the commissioner as of January first, two thousand nineteen, acceptable proof of identity shall also include, but not be limited to, a valid, unexpired foreign passport issued by the applicant's country of citizenship (which  shall  also  be eligible  as  proof  of age), a valid, unexpired consular identification document  issued  by  a  consulate  from  the  applicant's  country   of citizenship,  or  a valid foreign driver's license that includes a photo image of the applicant and which is unexpired or expired for  less  than twenty-four  months  of its date of expiration, as primary forms of such proof. Nothing contained in this subdivision shall be deemed to preclude the commissioner from approving additional proofs of identity  and  age. The license shall display the sex designation of M, F, or X as certified by  the  applicant,  with  no  additional  documentation  required.  The applicant may amend the sex designation of their driver's  license  upon request. Upon amendment of the sex designation, the change shall be made consistent  through  all  affiliated  records  within the control of the department. 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 such applicant's social security number  or,  in  lieu thereof,  with  respect  to an application for a non-commercial driver's license or learner's permit which does not meet  federal  standards  for identification, an affidavit signed by such applicant that they have not been  issued  a  social  security  number.  The  commissioner also shall provide space on the application so that the  applicant  may  request  a notation  upon  such  license  that  such  applicant is a veteran of the United States armed forces, and space on the  application  so  that  the applicant  may  request a notation upon such license that he or she is a veteran of the United States armed forces, and 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 health shall not maintain records  of  any  person who checks "skip this question". Except where the application is made in person  or  electronically,  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, except as otherwise provided pursuant to the  provisions  of  paragraph  (b)  of  subdivision  one   of   section forty-three hundred one of the public health law. 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 December 21, 2021   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.   * NB Effective until May 14, 2022   * (a) An applicant 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.   * NB  Effective May 14, 2022 and Repealed upon certain conditions (see chapter 618 of 2021 § 4)   * (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.   * NB Effective until May 14, 2022   * (b)  Except  as  provided  in  paragraph  (a) of this subdivision an applicant for a class A, B, C or E license shall be  at  least  eighteen years of age.   * NB  Effective May 14, 2022 and Repealed upon certain conditions (see chapter 618 of 2021 § 4)  (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: (i) 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; and (ii) if such applicant completed an internet delivered  pre-licensing  course approved  by  the  commissioner  pursuant  to  article  twelve-d of this chapter, that such applicant participated throughout such course.   * NB Effective until June 30, 2025   * (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.   * NB Effective June 30, 2025   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  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",  "Work  Zone  Safety"  awareness  and  "Motorcycle Safety" awareness as defined by the commissioner, "School Bus Safety" awareness,  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 motorcycle safety. Such  test  may  include one  or  more  questions  concerning  the law for exercising due care to avoid colliding with a parked, stopped or standing vehicle  pursuant  to section  eleven  hundred  forty-four-a  of  this  chapter. Such test may include one or more questions concerning school bus  safety.  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, a "Motorcycle Safety" awareness component as described  in  paragraph  (c-3)  of  this subdivision,  and a "School Bus Safety" awareness component as described in paragraph (c-4) 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.  (c-3)  "Motorcycle Safety" awareness component. The commissioner shall provide in the pre-licensing course, set forth in paragraph (b) of  this subdivision,  a  mandatory  component  in  "Motorcycle 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 persons operating  motorcycles  on the roadway.  (c-4)  "School  Bus  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 "School Bus 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 dangers of passing a school bus in violation of section eleven hundred seventy-four of this chapter, to  reduce  the  number  of such incidents, and to promote school bus safety.  (ii) The commissioner shall establish a curriculum for the "School Bus Safety"  awareness  component  which  shall  include,  but  shall not be limited to, an overview of traffic laws governing overtaking and passing school buses, including  but  not  limited  to  section  eleven  hundred seventy-one and section eleven hundred seventy-four of this chapter.  (iii)  In  developing  such curriculum, the commissioner shall consult with the commissioner of transportation.  (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), (c-2), (c-3) and (c-4) 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, "Road Rage" awareness, "Work Zone Safety" awareness, "Motorcycle  Safety"  awareness and  "School  Bus 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. The provisions of this paragraph shall  not apply to a pre-licensing  course  established  pursuant  to  article twelve-D of this chapter.   * NB Effective until June 30, 2025   * (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.   * NB Effective June 30, 2025   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.   * (d)  The  commissioner shall not issue a class A commercial driver's license to a person who  is  eighteen,  nineteen  or  twenty  years  old unless,  in  addition  to  meeting the requirements of this chapter with respect to the issuance of commercial  driver's  licenses,  such  person submits  acceptable  proof  of  successful  completion of the commercial driver's license (CDL) class A young adult training program  established by the commissioner of transportation pursuant to subdivision thirty-six of  section  fourteen of the transportation law, and proof of completion of the minimum hours of supervised driving required by such subdivision. The commissioner shall place an "intrastate  only"  restriction  on  any class  A commercial driver's license issued to a person who is eighteen, nineteen or twenty years old and such  restriction  shall  remain  until such person turns twenty-one years of age.   * NB  Effective May 14, 2022 and Repealed upon certain conditions (see chapter 618 of 2021 § 4)   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  or,  in  lieu  thereof,  with  respect  to  an application for a non-commercial driver's license or learner's permit which does not  meet federal  standards  for  identification,  an  affidavit  signed  by such applicant that they have not been issued a 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. Selective service act.  The  commissioner  shall  provide  separate space  on  the  application  for  a  learner's permit, driver's license, non-driver identification card, or renewal thereof so  that  any  person who  is at least eighteen years of age but less than twenty-six years of age who applies to the commissioner for such permit, license, or card or renewal thereof may opt  to  register  with  the  selective  service  in accordance  with  50 U.S.C. App 451 et. seq., as amended, if such person is subject to such act, and consent to have the commissioner forward the necessary personal information in accordance with this subdivision. Such consent shall be separate from any other certification or  signature  on such  application.  The  commissioner shall include on the application a brief statement about the requirement of the law, a citation of the act, and the consequences for failing to  meet  the  same.  The  commissioner shall  forward to the selective service system, in an electronic format, the necessary personal information required  for  registration  only  of individuals who have affirmatively opted and consented, pursuant to this subdivision,  to  authorize the commissioner to forward such information to the selective service system.   8. Non-commercial drivers' licenses and learners' permits which do not meet federal standards for identification. (a)  Non-commercial  drivers' licenses  and  learners' permits which do not meet federal standards for identification shall be issued in such form as  the  commissioner  shall determine,  provided  that  such  licenses and permits shall be visually identical to non-commercial  drivers'  licenses  and  learners'  permits which  do  meet  federal  standards  for identification except that such licenses and permits may state "Not  for  Federal  Purposes".  Provided, however,  that the commissioner may promulgate regulations providing for additional design or  color  indicators  for  both  such  non-commercial drivers'  licenses  and  learners'  permits  if  required to comply with federal law.  (b) Applicants for a  non-commercial  driver's  license  or  learner's permit or a renewal thereof shall not be required to prove that they are lawfully present in the United States.  (c)   Application  forms  for  non-commercial  drivers'  licenses  and learners' permits which do not meet federal standards for identification or for renewal thereof shall not state (i) the  documents  an  applicant used  to prove age or identity, or (ii) an applicant's ineligibility for  a social security number  where  applicable,  or  (iii)  an  applicant's citizenship or immigration status.  (d)  The  commissioner  and  any agent or employee of the commissioner shall not retain the documents  or  copies  of  documents  presented  by applicants  for  non-commercial  drivers'  licenses or learners' permits which do not meet federal standards for identification to prove  age  or identity  except  for  a limited period necessary to ensure the validity and authenticity of such documents.  (e) (i) A non-commercial driver's license or  learner's  permit  which does  not meet federal standards for identification shall not be used as evidence of a person's citizenship or immigration status, and shall  not be  the  basis for investigating, arresting, or detaining a person. (ii) Neither the commissioner nor any agent or employee of  the  commissioner shall  inquire  about  the  citizenship  or  immigration  status  of any applicant for a non-commercial  driver's  license  or  learner's  permit which does not meet federal standards for identification.   9.  Loss  of  consciousness.  a.  This  subdivision shall apply to any applicant for an original driver's license in this state  who  has  ever suffered  a  loss  of  consciousness,  to  any  applicant  for a renewal driver's license who has suffered a loss of consciousness since  his  or her last license was issued in this state, to any person who is required to  submit  physicians',  physician assistants', or nurse practitioners' statements, in such form as the commissioner may require, as a condition for continuing licensing, and to  persons  holding  a  driver's  license concerning  whom  the  commissioner  has  received  evidence  of loss of consciousness.   b. As used in this subdivision, the following  terms  shall  have  the following  meanings: "loss of consciousness" shall mean the condition of not being aware of one's surroundings or  of  one's  existence  and  the inability  to  receive, interpret or react to sensory impressions as the result of epilepsy, syncope, cataplexy, narcolepsy and  other  disorders affecting   consciousness   and   control;  and  "evidence  of  loss  of consciousness" shall mean a police accident  report  filed  pursuant  to section  six  hundred  three  of  this  chapter  indicating  a  loss  of consciousness, no matter how denominated, as the cause of  an  accident, or  admission  by an applicant or licensee, or a complaint alleging loss of consciousness received from police agencies and others.   c. A person to whom this part is applicable shall be deemed to be  fit for  licensing only as determined by the commissioner in accordance with section 9.3 of part 9 of title 15 of the codes, rules and regulations of the state of New York as prescribed by the commissioner.   d. (i) Upon a scheduled  review  of  a  statement  as  required  under paragraph  e  of  this section or upon receipt of evidence from a police agency, police accident report  or  physician,  physician  assistant  or nurse  practitioner  confirmed  by a department hearing or investigation that a licensee has experienced a  lack  of  consciousness,  or  if  the commissioner  has  not  received  an  acceptable  physician's, physician assistant's or nurse practitioner's statement as defined in subparagraph (iii) of this paragraph, or, if such a statement  is  received  but  the commissioner's  medical  consultant finds grounds to disagree with or to question a recommendation of  such  physician,  physician  assistant  or nurse practitioner made in accordance with the provisions of section 9.3 of  part  9 of title 15 of the codes, rules and regulations of the state of New York, the  commissioner  shall  deny  or  suspend  such  license, whichever  is  appropriate,  and  offer  to hold a department hearing to review such action, upon written request of such person. If such request for hearing is not made within thirty days of such denial or suspension, the  offer  to  hold  a  hearing  shall  be  deemed  to  be   withdrawn.  Notwithstanding  the  offer  to  hold a department hearing to review the denial or suspension, a department hearing will not be held  until  such time  as the motorist submits to the commissioner a physician, physician assistant   or  nurse  practitioner  statement  as  required  under  the provisions of part 9 of title 15 of the codes, rules and regulations  of the  state  of  New  York  and  the  commissioner and the commissioner's medical consultants have reviewed such statements  within  a  reasonable period  of time. The denial or suspension shall remain in effect until a department hearing is held to review such denial or suspension or  after review  of  the  physician,  physician  assistant  or nurse practitioner statement the commissioner and his or her medical consultants  finds  no grounds  to  disagree  with  or  to  question the physician's, physician assistant's or nurse practitioner's statement.  (ii) Notwithstanding  the  provisions  of  subparagraph  (i)  of  this section,  upon  receipt  of  an  application  for  an  original driver's license, or for renewal of  a  driver's  license,  or  upon  receipt  of evidence  from  a  source  other  than  a police agency, police accident report  or  physician,  physician  assistant  or   nurse   practitioner, confirmed  by  a department hearing or investigation that a licensee has experienced a loss of consciousness, the commissioner shall,  unless  he or  she  deems  such  person's  operation of a motor vehicle on a public highway to be an immediate hazard, send to such person a proposed denial or suspension of license, whichever is appropriate,  with  an  offer  to withhold  such  action until after a department hearing, if such hearing is requested by such person. The failure of such person to reply to  the commissioner,  either accepting the denial or suspension or requesting a hearing, within thirty days of the date of such notice, shall result  in the  imposition  of  the denial or suspension. If the commissioner deems any such person's operation of a motor vehicle on a public highway to be an immediate hazard, he or she shall deny or  suspend  such  license  as required  under  subparagraph  (i)  of this paragraph and such denial or suspension shall be subject to the provisions of such subparagraph  (i). For  the  purposes of this subparagraph, a person's operation of a motor vehicle on a public highway shall be deemed to constitute  an  immediate hazard if the commissioner has received evidence that such person's loss of consciousness has caused or contributed to a motor vehicle accident.  (iii)  A  physician's,  physician  assistant's or nurse practitioner's statement shall  not  be  acceptable  unless  such  licensed  physician, physician  assistant  or nurse practitioner has attended or examined the patient within one hundred twenty days of the date  of  such  statement, and  if required by the commissioner, may be required to be submitted by a physician licensed in a specialty  appropriate  to  the  condition  in question.   e.  The  commissioner  may  require  the  submission  of  physicians', physician assistants' or nurse practitioners' statements on a  scheduled basis  as  a condition of licensing in those cases in which a person has experienced loss of consciousness but meets standards of fitness as  set forth  in  rules and regulations prescribed by the commissioner, and the physician's, physician assistant's  or  nurse  practitioner's  statement indicates  that medication is being taken to meet such standards and, in the opinion of either the submitting physician, physician  assistant  or nurse  practitioner  or  the medical consultant to the commissioner, the submission of such scheduled physician's, physician assistant's or nurse practitioner's statements is considered necessary or desirable. However, the provisions of this subdivision shall not be applicable in  any  case where  a  person  has been seizure free without medication for a minimum period of one year and submits a physician's, physician  assistant's  or nurse practitioner's statement.    f. Any hearing held pursuant to this subdivision shall be conducted in conformity with the provisions of the state administrative procedure act and any regulations promulgated by the commissioner thereunder. Judicial review  of a determination made by the commissioner after a hearing held pursuant to this subdivision may be had without an administrative appeal being made pursuant to article three-A of this chapter.