2023 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
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.
2. Age.  * (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 Repealed upon certain conditions (see chapter 618 of 2021 § 4)
* (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 if amendments made by chapter 618 of 2021 are repealed
* (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 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 if amendments made by chapter 618 of 2021 are repealed
(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, "Motorcycle Safety" awareness
and "Pedestrian and  Bicyclist  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 may include one or
more questions concerning pedestrian and  bicyclist  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, 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,
a "School Bus Safety" awareness  component  as  described  in  paragraph
(c-4)  of  this  subdivision,  and  a  "Pedestrian and Bicyclist Safety"
awareness component as described in paragraph (c-5) 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.  Provided,  however,  that  the  term
"representative vehicle" shall not include a three-wheeled motor vehicle
that has two wheels situated in the front and one wheel in the rear, has
a  steering mechanism and seating which does not require the operator to
straddle or sit astride, is equipped with safety belts for all occupants
and  is  manufactured  to  comply  with  federal  motor  vehicle  safety
standards  for motorcycles including, but not limited to, 49 C.F.R. part
571. 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.
(c-5)  "Pedestrian  and Bicyclist 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 "Pedestrian
and  Bicyclist  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 pedestrians, bicyclists, and other non-motorized vehicles.
(ii) The commissioner shall establish a curriculum for the "Pedestrian
and Bicyclist Safety" awareness component which shall include but not be
limited  to:  an  overview  of  traffic  laws  governing  motor  vehicle
operators' duty to exercise due care with  respect  to  pedestrians  and
bicyclists,  including but not limited to understanding pedestrians' and
bicyclists' needs and reduced visibility,  respecting  pedestrians'  and
bicyclists'   rights   of  way,  safe  operation  near  pedestrians  and
bicyclists, including children and blind,  deaf,  elderly  and  disabled
pedestrians,  bicycle  lanes  as defined in section one hundred two-a of
this chapter, safely overtaking a pedestrian or a bicyclist, the dangers
of distracted  driving,  driving  at  appropriate  reduced  speeds  when
special hazards exist with respect to pedestrians and bicyclists such as
weather  or  highway conditions, safely turning, stopping, standing, and
parking, motor vehicle operators' obligations  to  comply  with  article
twenty-two  of  this  chapter, and traffic control devices and markings,
roadway designs and traffic calming measures related to pedestrians  and
bicyclists.
(iii)  In  developing  such curriculum, the commissioner shall consult
with the commissioner of transportation, the superintendent of the state
police, the commissioners of transportation and police of  the  city  of
New  York,  other  local  law  enforcement and highway safety officials,
medical professionals, bicycle and pedestrian safety advocates, and  any
other   group  that  the  commissioner  believes  can  contribute  to  a
comprehensive presentation of the issue.
(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), (c-4) and (c-5)  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,  "School  Bus  Safety"  awareness   and
"Pedestrian  and  Bicyclist  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)  (i)  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, in a form prescribed by the commissioner, proof  of  successful
completion  of the commercial driver's license (CDL) class A young adult
training program established  pursuant  to  subparagraph  (ii)  of  this
paragraph  and  proof  of  completion of the minimum hours of supervised
driving required by such subparagraph. 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.
(ii)  The  commissioner,  in  consultation  with  the  commissioner of
transportation, shall establish  and  implement  a  commercial  driver's
license (CDL) class A young adult training program for young adult class
A commercial driver's license applicants. The commissioner shall provide
for  the  requirements and criteria of such training program which shall
include the entry-level driver training requirements prescribed  by  the
federal motor carrier safety administration under appendices A, C, D and
E  of part 380 of title 49 of the code of federal regulations, as may be
amended from time to time, and include no less than three hundred  hours
of behind-the-wheel training under the immediate supervision and control
of  an experienced driver. For purposes of this paragraph, the following
terms shall have the following meanings:
(A) "Young adult" shall mean an individual who is  eighteen,  nineteen
or twenty years old.
(B) "Experienced driver" shall mean an individual who:
(1) is not less than twenty-one years of age;
(2)  holds  a  valid  class A commercial driver's license which is not
suspended, revoked or cancelled  pursuant  to  the  provisions  of  this
chapter  or  rules  and  regulations promulgated thereunder and has held
such commercial driver's license for at least two years;
(3) has not, for at least a one-year period: been the  operator  of  a
motor  vehicle  involved  in an accident reportable to the federal motor
carrier safety administration, or been  the  operator  of  a  commercial
motor vehicle involved in an accident reportable to the commissioner, or
been  convicted of a serious traffic violation, or been convicted of any
violation of title VII  of  this  chapter  for  which  the  commissioner
assesses  points, or been disqualified from operating a commercial motor
vehicle pursuant to this chapter or rules  and  regulations  promulgated
thereunder; and
(4)  has  a  minimum of one year of experience driving, in commerce, a
commercial motor vehicle which can only  be  operated  with  a  class  A
commercial driver's license.
(C)  "Serious  traffic  violation" shall have the same meaning as such
term is defined in subdivision four of section  five  hundred  ten-a  of
this chapter.
* NB Repealed upon certain conditions (see chapter 618 of 2021 § 4 and
chapter 58 of 2022 Pt. GGG § 3)
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.