2023 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ten  of  this  chapter  or  whose driver's license or privilege has been
revoked pursuant to section three hundred eighteen of this  chapter  and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, 2025
* (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, 2025
* (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, 2025
(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.