2023 New York Laws › VAT - Vehicle and Traffic › Title 5 - Drivers' Licenses › Article 19 - Licensing of Drivers › 501 - Drivers' Licenses and Learners' Permits.

§  501.  Drivers'  licenses and learners' permits. 1. The commissioner
shall issue classified drivers' licenses as provided  in  this  article.
Any  such  license  shall be valid only for the operation of the type of
vehicles specified for each such class of license but shall not be valid
for the operation of any type of vehicle for  which  an  endorsement  is
required by this section or regulations promulgated hereunder unless the
license   contains   such  endorsement  and  shall  be  subject  to  any
restrictions contained thereon.
2. Driver license classifications, endorsements and  restrictions  and
exceptions. (a) License classifications. (i) Class A. Such license shall
be  valid  to  operate  any motor vehicle or any combination of vehicles
except it shall not be valid to operate a motorcycle other than a  class
B or C limited use motorcycle.
(ii)  Class  B.  Such license shall be valid to operate any vehicle or
combination of vehicles which may be operated with a class E license and
shall be valid to operate any motor vehicle or any such  vehicle,  other
than  a  tractor,  towing  a  vehicle having a GVWR of not more than ten
thousand pounds and shall be valid to operate any altered motor  vehicle
commonly  referred to as a "stretch limousine" having a seating capacity
of nine or more passengers including the driver except it shall  not  be
valid  to  operate  a  motorcycle  other than a class B or C limited use
motorcycle.
(iii) Class C. Such license shall be valid to operate any  vehicle  or
combination of vehicles which may be operated with a class E license and
shall be valid to operate any motor vehicle with a GVWR of not more than
twenty-six  thousand  pounds and any such vehicle towing another vehicle
with a GVWR of not more than ten thousand pounds except it shall not  be
valid  to  operate  a  tractor or a motorcycle other than a class B or C
limited use motorcycle.
(iv) Class D. Such license shall be valid to operate any passenger  or
limited  use  automobile  or  any  truck  with  a  GVWR of not more than
twenty-six thousand pounds or any such vehicle towing a vehicle  with  a
GVWR  of  not  more than ten thousand pounds, or any such vehicle towing
another vehicle with a GVWR of more than ten  thousand  pounds  provided
such  combination  of  vehicles  has  a GCWR of not more than twenty-six
thousand pounds, or any personal use vehicle with a  GVWR  of  not  more
than  twenty-six  thousand  pounds  or any such vehicle towing a vehicle
with a GVWR of not more than ten thousand pounds, except it shall not be
valid to operate a tractor, a motorcycle other  than  a  class  B  or  C
limited  use motorcycle, a vehicle used to transport passengers for hire
or for which a hazardous materials endorsement is required, or a vehicle
defined as a bus in subdivision one of section five  hundred  nine-a  of
this  title. Such license also shall be valid to operate 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.
(v) Class E. Such license shall be  valid  to  operate  only  vehicles
which may be operated with a class D license, except that in addition it
shall  be  valid to operate any such motor vehicle, other than a vehicle
defined as a bus in subdivision one of section five  hundred  nine-a  of
this  chapter,  used to transport up to fourteen passengers for hire and
other than an altered motor vehicle commonly referred to as  a  "stretch
limousine"  having  a  seating  capacity  of  nine  or  more  passengers
including the driver.
(vi) Class DJ. Such license shall be valid to  operate  only  vehicles
which  may be operated with a class D license by a person under eighteen
years of age, except it shall not be valid to operate  a  motor  vehicle
with an unladen weight or a GVWR of more than ten thousand pounds or any
motor  vehicle  towing another vehicle with an unladen weight or GVWR of
more than three thousand pounds. Such license shall automatically become
a class D license when the holder becomes eighteen years of age.
(vii) Class M. Such license shall be valid to operate any  motorcycle,
or  any  motorcycle,  other  than  a  limited  use  motorcycle, towing a
trailer. Such license also shall be valid  to  operate  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.
(viii) Class MJ. Such license shall be valid to operate any motorcycle
or  limited use motorcycle by a person under eighteen years of age. Such
license shall automatically become a class M  license  when  the  holder
becomes eighteen years of age.
(b)  Endorsements.  The  following  endorsements  shall be required to
operate vehicles as set forth herein. In addition  the  commissioner  by
regulation may provide for further endorsements.
(i)  T  endorsement.  Shall  be  required to operate double and triple
trailers.
(ii) H endorsement. Shall be required to transport hazardous materials
as defined in section one  hundred  three  of  the  hazardous  materials
transportation  act,  public  law  93-633,  title  I,  when  the vehicle
transporting such materials  is  required  to  be  placarded  under  the
hazardous  materials  regulation,  49  CFR  part  172,  subpart  F or is
transporting any quantity of material listed as a select agent or  toxin
in  42  CFR  part  73. An applicant for a commercial driver's license in
this state who wishes to transport hazardous materials must obtain a New
York state hazardous materials endorsement even if such applicant  holds
a  valid hazardous materials endorsement issued by another state. A farm
vehicle shall be exempt from the requirement for such  endorsement  when
transporting  hazardous  materials within one hundred fifty miles of the
person's farm. However, a separate non-commercial endorsement  shall  be
required  for  such  exempted  transportation.  In  order to obtain such
endorsement, the license holder must submit fingerprints for purposes of
a criminal history record check pursuant  to  subdivision  six  of  this
section.
(iii) N endorsement. Shall be required to operate tank vehicles.
(iv)  P  endorsement. Shall be required to operate a bus as defined in
sections one hundred four and five hundred nine-a of this  chapter,  any
altered  motor  vehicle  commonly  referred  to as a "stretch limousine"
having a seating capacity of  nine  or  more  passengers  including  the
driver or any motor vehicle with a gross vehicle weight or gross vehicle
weight  rating of more than twenty-six thousand pounds which is designed
to  transport  passengers  in  commerce.  For  the  purposes   of   this
subparagraph the gross vehicle weight of a vehicle shall mean the actual
weight of the vehicle and the load.
(v)  X  endorsement.  Shall  be  an  endorsement  combining  H  and  N
endorsements.
(vii) Personal use vehicle endorsement. Shall be required to operate a
personal use vehicle or a combination of personal use vehicles which may
not be operated with a class C, D or E license. The  identification  and
scope  of any such endorsement or endorsements shall be as prescribed by

regulation of the commissioner, but no such endorsement shall permit the
operation of a rental truck towing a vehicle with a GVWR  of  more  than
ten thousand pounds.
(viii) W endorsement. Shall be required to operate a tow truck.
(ix)  Metal  coil  endorsement.  Shall  be  required  to  operate  any
commercial motor vehicle, as defined in subdivision four of section five
hundred one-a of this article, carrying metal coils. The  identification
and  scope  of  such endorsement shall be as prescribed by regulation of
the commissioner.
(x) S endorsement. Shall be required  to  operate  a  school  bus,  as
defined  in  section  one  hundred  forty-two  of this chapter, which is
designed or used to transport fifteen or more passengers.
(c) Restrictions. Notwithstanding the  foregoing  provisions  of  this
subdivision,  the  operation of vehicles may be limited by a restriction
or restrictions placed on a license. The following restrictions  may  be
issued  by  the  commissioner  based  upon the representative vehicle in
which the road test was taken, or if the  license  is  issued  based  on
driving  experience,  the vehicle in which the experience was gained. In
addition, the commissioner may  by  regulation  provide  for  additional
restrictions  based upon other types of vehicles or other factors deemed
appropriate by the commissioner.
(i) A restriction prohibiting the operation  of  a  vehicle  with  air
brakes.
(ii) A restriction limiting the operation of a combination of vehicles
to truck-trailer combinations.
(iii)  A restriction limiting operation to vehicles of not more than a
specified GVWR.
(d) Exceptions. (i) Notwithstanding the foregoing provisions  of  this
subdivision,  a  motor  vehicle or combination of vehicles, other than a
motorcycle, that is (A) a military vehicle operated by a member  of  the
armed  forces, or (B) a police vehicle or fire vehicle during its use in
an emergency operation as defined in section one hundred  fourteen-b  of
this  chapter,  or  in the performance of official duties, or activities
related to the execution of emergency governmental functions pursuant to
section 383.3 (d)(2) of title 49 of the code of federal regulations,  or
(C)  a  vehicle  owned  and  identified as being owned by the state or a
political subdivision thereof or an  ambulance  service  as  defined  in
subdivision  two  of section three thousand one of the public health law
or a voluntary ambulance service as defined in subdivision three of such
section and used to provide emergency  medical  service  as  defined  in
section  three  thousand  one  of  the  public health law, or to perform
official duties, or activities related to  the  execution  of  emergency
governmental  functions  pursuant to section 383.3 (d)(2) of title 49 of
the code of federal regulations, may be operated with any class  license
other  than  a  class  DJ,  M  or  MJ  license. For the purposes of this
paragraph the term "member of the armed  forces"  shall  include  active
duty  military personnel; members of the reserve components of the armed
forces;  members  of  the  national  guard  on  active  duty,  including
personnel  on  full  time  active  guard  duty,  personnel  on part-time
national  guard  training,  and  national  guard  military   technicians
(civilians  who are required to wear military uniforms); and active duty
United States coast guard personnel. The term shall not  include  United
States  reserve  technicians.  Notwithstanding the provisions of section
one hundred fourteen-b  of  this  chapter,  for  the  purposes  of  this
subparagraph,  the  term  "emergency  operation" shall include returning
from emergency service.
(ii) Notwithstanding the foregoing provisions of this  subdivision,  a
motor vehicle or combination of vehicles which is designed and primarily

used  for  purposes other than the transportation of persons or property
which is excluded  from  the  definition  of  commercial  motor  vehicle
pursuant  to  the  provisions  of  subparagraph (iv) of paragraph (a) of
subdivision  four  of  section five hundred one-a of this chapter may be
operated with any class license other than a class DJ, M or MJ license.
3. Restrictions on use of class DJ and class MJ licenses. A  class  DJ
or  class  MJ  license  shall  permit the holder to operate a vehicle in
accordance with the following restrictions:
(a) in the counties of Nassau and Suffolk:
(i)  for  the  purpose  of  driving  to  and  from  a   state-approved
cooperative  work-study  educational  program, or to or from an approved
program for credit in a post-secondary institution,  or  to  or  from  a
state-approved  registered  evening high school or while engaged in farm
employment, or to or from an approved driver education course; or
(ii) from five o'clock in the morning to nine o'clock in the  evening,
to  and from a place of business where the holder is regularly employed,
or when accompanied by a duly licensed parent,  guardian,  person  in  a
position  of  loco parentis, driver education teacher, or driving school
instructor.
(b) in all other areas of the state, except for the city of New York:
(i) from five o'clock in the morning to nine o'clock in  the  evening;
or
(ii)  from  nine o'clock in the evening to five o'clock in the morning
when going to or from school, or to or from a place  of  business  where
the  holder  is  employed  on  a  regularly  scheduled  basis,  or  when
accompanied by a duly licensed parent, guardian or one in a position  of
loco parentis to the licensee.
(c) in the city of New York, driving shall be prohibited.
(d)  for the purpose of this subdivision, the term "school" shall mean
instruction, education or training licensed or approved by a  department
or  agency of the state or training conducted by the armed forces of the
United States except it shall not include extra-curricular activities or
social events for which scholastic credits are not given.
(e) any person operating a motor vehicle to or from school  or  to  or
from  a place of business as authorized by this subdivision must possess
documentation signed  by  such  person's  instructor  or  employer.  The
commissioner  shall,  by  regulation,  prescribe the form and content of
such documentation.
4. Probationary licenses. Any driver's license, other than a class  DJ
and  class  MJ  license,  shall  be  considered  probationary  until the
expiration of six months following the date  of  issuance  thereof,  and
thereafter  as provided in section five hundred ten-b of this title, but
this subdivision shall not apply to renewals of a license, or, unless so
provided by the commissioner, to a license for which  a  road  test  has
been waived by the commissioner.
5.  Learners'  permits.  (a)  The  commissioner  shall issue learner's
permits as provided in this article. Such permit shall be valid only
(i) for the operation of a motor vehicle of  a  type  which  could  be
operated  by the holder of the class of license for which application is
being made;
(ii) when the holder is under the immediate supervision and control of
a person at least twenty-one years of age who holds a license  valid  in
this state for the operation of the type of vehicle being operated; and
(iii) in accordance with any additional restrictions prescribed by the
commissioner and noted on such permit.
(b) In addition to the restrictions contained in paragraph (a) of this
subdivision,  a learner's permit issued to a person applying for a class
DJ or class MJ license shall be subject to the restrictions contained in

section five hundred one-b of this article and shall not  be  valid  for
the operation of any motor vehicle:
(i) within the city of New York, except that the holder of such permit
may  operate  a  motor  vehicle  within  the  city of New York from five
o'clock in the morning to nine o'clock in the evening when  such  person
is  under  the  immediate  supervision  and control of a person at least
twenty-one years of age who is such holder's parent, guardian, person in
a position of loco parentis, driver education teacher for the purpose of
certification pursuant to section eight hundred six-a of  the  education
law  or  driving  school  instructor  for  the  purpose of certification
pursuant to subdivision seven-a of section three hundred ninety-four  of
this  chapter  and  such  vehicle  is  equipped  with  dual  controls as
prescribed by the commissioner;
(ii) in the counties of Nassau and Suffolk, except that the holder  of
such  permit  may  operate a motor vehicle within the counties of Nassau
and Suffolk from five o'clock in the morning  to  nine  o'clock  in  the
evening  when such person is under the immediate supervision and control
of a person at least twenty-one  years  of  age  who  is  such  holder's
licensed parent, guardian, person in a position of loco parentis, driver
education  teacher  for the purpose of certification pursuant to section
eight hundred six-a of the education law, or driving  school  instructor
for  the  purpose  of  certification  pursuant to subdivision seven-a of
section three hundred ninety-four of this chapter, or a person at  least
twenty-one  years of age who holds a license valid in this state for the
operation of the type of vehicle being  operated,  for  the  purpose  of
certification pursuant to subdivision two of section five hundred two of
this  article,  and  who  has  been  designated by such holder's parent,
guardian or person in a position of  loco  parentis  to  accompany  such
holder, as evidenced by a written statement to that effect;
(iii) from nine o'clock in the evening to five o'clock in the morning,
unless  the holder of such permit is under the immediate supervision and
control of a person at  least  twenty-one  years  of  age  who  is  such
holder's  licensed  parent,  guardian,  person  in  a  position  of loco
parentis, driver education teacher  for  the  purpose  of  certification
pursuant to section eight hundred six-a of the education law, or driving
school   instructor   for  the  purpose  of  certification  pursuant  to
subdivision  seven-a  of  section  three  hundred  ninety-four  of  this
chapter.
(c)  The  restrictions  contained  in  paragraphs  (a) and (b) of this
subdivision shall apply to a learner's permit which has been issued to a
person who has made application for a  class  M  or  class  MJ  license,
except  that  the required supervising driver need exercise only general
supervision and control over the learner as prescribed by regulation  of
the  commissioner  when the learner is operating a motorcycle, provided,
however, a person who possesses a learner's  permit  and  who  has  made
application  for  a  class  M  or  class MJ license, shall not operate a
motorcycle while there is another person on such motorcycle unless  such
other person possesses a valid class M license.
6.  H  endorsement  criminal  history record check. Upon receipt of an
application and completion of all  other  requirements  imposed  by  the
commissioner  for  an  H endorsement to permit the operator to transport
hazardous materials as defined in  section  one  hundred  three  of  the
hazardous materials transportation act, public law 93-633, title I, when
the  vehicle  transporting  such  materials  is required to be placarded
under the hazardous materials regulation, 49 CFR part 172, subpart F, or
is transporting any quantity of material listed as  a  select  agent  or
toxin  in  42  CFR  part  73, the commissioner, subject to the rules and
regulations of the division of criminal justice services, shall initiate

a criminal history record check of the person  making  the  application.
The   commissioner   shall  obtain  from  each  applicant  two  sets  of
fingerprints and the division of criminal  justice  services  processing
fee  imposed  pursuant  to  subdivision eight-a of section eight hundred
thirty-seven of the executive law and any fee  imposed  by  the  federal
bureau  of  investigation. The commissioner shall promptly transmit such
fingerprints and fees to the division of criminal justice  services  for
processing.  The  federal  bureau  of  investigation and the division of
criminal justice services shall forward such criminal history record, if
any, to the commissioner. All such criminal  history  records  processed
and  sent pursuant to this section shall be confidential pursuant to the
applicable federal and state laws, rules and regulations, and shall  not
be  published  or  in any way disclosed to persons other than authorized
personnel, unless otherwise  authorized  by  law.  No  cause  of  action
against  the  commissioner,  the  department or the division of criminal
justice services for damages related to the  dissemination  of  criminal
history   records   pursuant  to  this  section  shall  exist  when  the
commissioner, department or division of criminal  justice  services  has
reasonably  and  in good faith relied upon the accuracy and completeness
of criminal history information furnished to it by  qualified  agencies.
The  provision  of  such information by the division of criminal justice
services shall be subject to the provisions of  subdivision  sixteen  of
section  two  hundred ninety-six of the executive law. The consideration
of such criminal history record by the commissioner shall be subject  to
article  twenty-three-A  of  the  correction law. The commissioner shall
review such criminal history record for a conviction within the previous
ten years for: (i) any violent felony offense,  as  defined  in  section
70.02  of  the  penal  law;  or  (ii)  any felony defined in article one
hundred twenty, one hundred twenty-five, one hundred thirty, one hundred
thirty-five, one hundred forty,  one  hundred  forty-five,  one  hundred
fifty,  one  hundred fifty-five, one hundred sixty, one hundred seventy,
one hundred seventy-five, two hundred,  two  hundred  ten,  two  hundred
twenty,   two   hundred  twenty-one,  two  hundred  forty,  two  hundred
sixty-five, four hundred  sixty,  four  hundred  seventy,  four  hundred
eighty-five,  or  four  hundred  ninety  of  the  penal  law  or section
fifty-three-e of the railroad law;  or  (iii)  any  offense  in  another
jurisdiction  which  includes  all  of  the  essential  elements of such
offenses described in paragraphs (i) and (ii) of  this  subdivision  and
for  which  a  sentence  of  imprisonment  for  more  than  one year was
authorized in the other jurisdiction and is authorized  in  this  state,
regardless of whether such sentence was imposed; or any of the following
federal  offenses:  improper  transportation of a hazardous material, as
defined in 49 U.S.C. 46312, conveying false information or  threats,  as
defined  in 49 U.S.C. 46507, espionage, as defined in 18 U.S.C. 793, 794
or 3077, sedition, as defined in 18 U.S.C. 2384, 2385 or  section  4  of
the subversive activities control act of 1950, treason, as defined in 18
U.S.C.  2381  or conspiracy or solicitation, as defined in 18 U.S.C. 371
or 373; or (iv) an attempt or conspiracy to commit any of  the  offenses
specified  in  paragraphs  (i),  (ii),  or (iii) of this subdivision. In
calculating such ten year period, any period of time  during  which  the
person was incarcerated for any reason between the time of commission of
the  previous  felony  and  the time of commission of the present felony
shall be excluded and such ten year period shall be extended by a period
or periods equal to the time  served  under  such  incarceration.  After
receipt  of  a  criminal  history  record  from the division of criminal
justice services, if any, and review of such  record,  the  commissioner
shall promptly notify the applicant whether he or she will be granted an
H  endorsement  based upon the applicant's criminal history and promptly

notify such  applicant  of  the  determination  and  the  procedure  for
requesting  a  hearing pursuant to this subdivision. If the commissioner
denies an applicant an H endorsement based either in whole or in part on
such  applicant's  criminal  record,  the  commissioner must notify such
applicant of the basis for such denial, and afford such applicant notice
and an opportunity to be heard and offer proof  in  opposition  to  such
determination.  If  the  applicant  requests  a  hearing  to contest the
commissioner's determination, such hearing must be  requested  no  later
than  thirty days after the applicant's receipt of the determination and
must be scheduled by the commissioner within sixty days of such request.
Upon request and pursuant to the rules and regulations of  the  division
of  criminal justice services, any applicant may obtain, review and seek
correction of his or her criminal history record.