New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 134 - Alcohol And Drug Rehabilitation Programs › Section 134.9 - Conditional license

Current through Register Vol. 46, No. 28, July 10, 2024
A conditional license will be issued only by the department
					 which will establish the conditions applicable to each individual license based
					 upon information submitted by the applicant.
(a) Form of conditional license. The
				  conditional license will be a two-part form. One part shall be computer
				  generated and will bear a notation indicating that it is a conditional license.
				  The other part will be manually generated and will contain the specific
				  conditions applicable to that particular conditional license. The holder of a
				  conditional license, when required to display such license, must display both
				  parts of such license.
(b)
				  Establishment of conditions. Each conditional license shall contain the
				  condition that such license shall be subject to revocation for operation
				  outside of the limitations appearing on such license. Each conditional license
				  will contain the limitations or use of such license as prescribed by the
				  department, and as accepted by the holder. Such conditions shall be limited to
				  operation: to and from the holder's place of employment; during the course of
				  employment, when required; to and from a class or an activity which is an
				  authorized part of the rehabilitation program and at which the holder's
				  attendance is required; enroute to and from a class or course at an accredited
				  school or approved institute of vocational or technical training; 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; during a
				  three-hour consecutive daytime period as specified by the department on a day
				  during which the holder is not engaged in his usual employment or vocation; to
				  and from court-ordered probation activities; to and from a motor vehicle office
				  for the transaction of business relating to such license or program; or enroute
				  to and from a place, including a school, at which a 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;
(c) A
				  conditional license issued to a person convicted of, or adjudicated a youthful
				  offender for, a violation of any subdivision of section 1192  of the Vehicle and Traffic Law or
				  found to have violated section 1192-a of such law shall not be valid for the
				  operation of commercial motor vehicles as defined in section 501-a of such law
				  or taxicabs as defined in section 148-a of such law.
(d) Revocation of conditional license.
(1) A conditional license which has been
				  issued shall be revoked upon: the holder's conviction of any traffic violation,
				  other than parking, stopping, standing, equipment, inspection or other
				  nonmoving violations where such violation occurred during the period of
				  validity of the conditional license; or for the holder's failure to attend any
				  portion or portions of the rehabilitation program in accordance with attendance
				  rules established for the program. A revocation for any of the above reasons
				  shall be issued without a hearing based upon receipt of a certificate of
				  conviction, or in the case of failure to attend any portion or portions of the
				  rehabilitation program upon certification of the person administering such
				  program. In addition, the commissioner may revoke a conditional license after a
				  hearing, based upon a finding that the holder has not satisfactorily
				  participated in the rehabilitation program, or that the holder is not
				  attempting in good faith to accept rehabilitation, or upon a complaint that the
				  holder is operating or has operated a motor vehicle in violation of the
				  conditions imposed on his conditional license. The commissioner may also revoke
				  a conditional license without a hearing upon receipt of a certificate of
				  conviction which indicates that the applicant has driven in violation of the
				  conditions of such license.
(2)
				  Persons under 21 years of age. The provisions of this subdivision shall apply
				  to any person under the age of 21 who enters a rehabilitation program and is
				  issued a conditional license as a result of a conviction for a violation of any
				  subdivision of section 1192  of the Vehicle and Traffic Law,
				  committed when such person was under the age of 21. Notwithstanding any other
				  provisions of this Part, if any such person's conditional license is revoked
				  and such person has completed a rehabilitation program as provided for in
				  section
				  134.10 
				  of this Part, time served shall be credited toward the remaining portion of the
				  revocation period, calculated from the effective date of the order of
				  revocation which resulted in the issuance of the conditional license, to the
				  date of the violation which resulted in the revocation of the conditional
				  license.