New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 135 - Restricted Use License › Section 135.7 - Criteria for issuance of a restricted license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The issuance of a restricted license
				  shall be denied to any person in any case in which a review of such person's
				  driving record, or additional information secured by the department, indicates
				  that any of the following conditions apply:
(1) The person has, within the four-year
				  period immediately preceding the date of application, been convicted within or
				  without the State of homicide or assault, criminal negligence or criminally
				  negligent homicide arising out of the operation of a motor vehicle.
(2) The person has, within the four-year
				  period immediately preceding the date of application, been convicted in this
				  State of leaving the scene of a personal injury accident or reckless
				  driving.
(3) The suspension or
				  revocation is issued pursuant to the provisions of subparagraph (ii) or (vii)
				  of paragraph (a) of subdivision 2, or paragraph (e) or (f) of subdivision 3, of
				  section 510  of the Vehicle and Traffic
				  Law.
(4) The person has, within the
				  five-year period immediately preceding the date of application, been convicted
				  of a violation of any subdivision of section 1192  of the Vehicle and Traffic Law, or a
				  similar alcohol-related offense in another jurisdiction, or has had his license
				  revoked for refusal to submit to a chemical test pursuant to subdivision 2 of
				  section 1194  of the Vehicle and Traffic Law, unless
				  after such conviction or revocation such person successfully completed an
				  alcohol and drug rehabilitation program established pursuant to article 21 of
				  the Vehicle and Traffic Law in conjunction with such conviction or
				  revocation.
(5) The person has had
				  a restricted license revoked within the last five years.
(6) The person does not have a currently
				  valid New York State driver's license. This paragraph shall not apply to a
				  person whose New York State driver' s license has expired, but is still
				  renewable, nor to a person who would have a currently valid New York State
				  driver's license except for the revocation or suspension upon which the
				  application for a restricted license is based.
(7) The person has had a prior restricted
				  license within the last three years.
(8) The suspension is for a definite period
				  of 30 days or less, or is a permissive suspension or revocation imposed by a
				  judge pursuant to subdivision (3) of section 510  of the Vehicle and Traffic Law, or is an
				  indefinite suspension which can be terminated by the performance of an act by
				  the licensee.
(9) The person has
				  had a series of convictions, incidents and/or accidents or has a medical or
				  mental condition, which in the judgment of the commissioner or his designated
				  agent tends to establish that the person would be an unusual and immediate risk
				  upon the highways.
(10) The person
				  has a combination of safety factors resulting in 25 or more negative units, as
				  set forth in section
				  136.6(a) 
				  of this Title.
(11) The person was
				  the holder of a limited DJ or limited MJ license at the time of the violation
				  which resulted in the suspension or revocation.
(12) The revocation is issued pursuant to the
				  provisions of subparagraph (x) or (xi) of paragraph (a) of subdivision (2) of
				  section 510  of the Vehicle and Traffic
				  Law.
(13) The conviction,
				  adjudication or finding upon which eligibility for a restricted license is
				  based involved a fatal accident.