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 135.9 - Restricted license

Current through Register Vol. 46, No. 28, July 10, 2024
A restricted 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 restricted license. The
				  restricted license will be a two-part form. One part shall be
				  computer-generated and will bear a notation indicating that it is a restricted
				  license. The other part will be manually generated and will contain the
				  specific conditions applicable to that particular restricted license. The
				  holder of a restricted license, when required to display such license, must
				  display both parts of such license. Such license must be amended whenever there
				  is a change in the licensee's situation.
(b) Establishment of conditions. Each
				  restricted license shall contain the condition that such license shall be
				  subject to revocation for operation outside of the limitations appearing on
				  such license. Each restricted license will contain the limitations or use of
				  such license as prescribed by the department, and as accepted by the holder.
				  Such license shall be limited to operation: to and from the holder's place of
				  employment or education; during the course of employment or education, when
				  required; 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; to
				  and from a driver rehabilitation program which the holder is required to
				  attend; to and from offices of the department in conjunction with the driver
				  rehabilitation program or the issuance or amendment of a restricted license or
				  driver's license, or en route to and from a place including a school, at which
				  the child or children or 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. Any restricted license issued
				  on or after February 19, 1991, shall be limited to the operation of vehicles
				  which are not commercial motor vehicles as defined in section 501-a  of the Vehicle and Traffic Law or
				  which are not for-hire vehicles as set forth in section 530 of such law;
				  provided, however, except for a commercial motor vehicle as defined in
				  subdivision four of section 501-a  of the Vehicle and Traffic Law, that
				  the restrictions on types of vehicles which may be operated with a restricted
				  license contained in this paragraph shall not be applicable to a restricted
				  license issued to a person whose license has been suspended pursuant to
				  paragraph 3 of subdivision 4-e of section 510 of such law.
(c) Revocation of restricted license. A
				  restricted 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 restricted license; or for the
				  holder's failure to attend any portion or portions of the alcohol and drug
				  rehabilitation program where such attendance is required by section
				  135.5(d) 
				  of this Part. A revocation for any of the above reasons shall be issued without
				  a hearing based upon receipt of a certificate or certificates of conviction. In
				  addition, the commissioner may revoke a restricted license after a hearing,
				  based upon a complaint that the holder is operating or has operated a motor
				  vehicle in violation of the conditions imposed in his restricted use license.
				  The commissioner may also revoke a restricted 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.
(d) Extra-territorial effect of restricted
				  license. Whether a restricted license will be honored by other states will be
				  dependent upon the laws of each such other state. This State will honor a
				  similar type license issued by another state to a resident of the issuing state
				  to the extent of the conditions imposed. The holder of a restricted license
				  issued pursuant to article 21-A of the Vehicle and Traffic Law should check
				  with the appropriate motor vehicle authorities of any other state in such other
				  state.
(e) Period of validity of
				  restricted use license. Unless otherwise revoked by the commissioner, or
				  voluntarily surrendered to the commissioner, a restricted use license will be
				  valid from the date of its issuance until the expiration date contained thereon
				  or until the holder's driver's license is returned to him, whichever occurs
				  first.
(f) Limitation on renewal of
				  restricted license. A restricted license shall not be renewed more than one
				  year after the issuance of the restricted license if the revocation, upon which
				  the restricted license was based, was issued pursuant to section 318  of the Vehicle and Traffic Law and if
				  the holder of the restricted license has not paid the civil penalty required by
				  article 6 of the Vehicle and Traffic Law.