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 135.5 - Procedure to be followed by motorist who receives notice of revocation or suspension

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If it
				  is determined that a motorist is not eligible for a restricted license, the
				  motorist is required to surrender his driver's license, if such license has not
				  already been surrendered. An application for a restricted license shall not be
				  issued by the Department of Motor Vehicles.
(b) If a motorist has had his or her driver's
				  license suspended or revoked pursuant to section 510  of the Vehicle and Traffic Law and the
				  department has determined that such motorist is eligible for a restricted
				  license, the motorist may, upon receipt of a revocation or suspension order
				  issued by the commissioner, make application for such a license to a motor
				  vehicle issuing office. To make such an application, the motorist must submit
				  the application for such license, all required fees, a completed waiver form
				  and any other necessary forms and proof of compliance with the appropriate
				  suspension or revocation order as directed on the notice of revocation or
				  suspension. The commissioner or designated person shall make a determination as
				  to the motorist's need to have a restricted license and shall apply the
				  criteria set forth in section
				  135.7 
				  of this Part to determine the final eligibility for a restricted license. If
				  eligible and found to be in need of a restricted license, a restricted license
				  will be issued in accordance with this Part.
(c) If a motorist has had his or her driver's
				  license revoked pursuant to section 318  of the Vehicle and Traffic Law, the
				  motorist may, upon receipt of a revocation order issued by the commissioner,
				  make application for a restricted license to a motor vehicle issuing office. To
				  make such an application, the motorist must submit an application for such
				  license, all required fees, a completed waiver form and any other necessary
				  forms and proof of compliance with the appropriate revocation order or orders
				  as directed on the notice or notices of revocation. The commissioner or
				  designated person shall make a determination as to the motorist's need to have
				  a restricted license and will make a review of the person's driving record to
				  determine whether such person meets the provisions of section
				  135.2 
				  of this Part and the criteria set forth in section
				  135.7 
				  of this Part for eligibility for the issuance of a restricted license. If
				  eligible and found to be in need of a restricted license, a restricted license
				  will be issued in accordance with this Part.
(d) If a motorist has had his driver's
				  license suspended pursuant to section 510  of the Vehicle and Traffic Law for a
				  conviction of section 1192(4) of such law, and the department has determined
				  that he is eligible for a restricted license, such motorist must participate in
				  and satisfactorily complete a rehabilitation program as set forth in section
				  134.10 
				  of this Title.