N.Y. VAT. LAW § 502 : NY Code - Section 502: Requirements for licensing

Search N.Y. VAT. LAW § 502 : NY Code - Section 502: Requirements for licensing

1.  Application  for  license.
  Application for a driver's license shall be made  to  the  commissioner.
  The  fee  prescribed  by law may be submitted with such application. The
  applicant shall furnish such proof of identity, age, and fitness as  may
  be  required by the commissioner. The commissioner may also provide that
  the application procedure shall include the taking of a photo  image  or
  images  of  the  applicant  in  accordance  with  rules  and regulations
  prescribed by the commissioner. In addition, the commissioner also shall
  require that the applicant provide his or her social security number and
  provide space on the application so that the applicant may  register  in
  the  New  York  state  organ  and  tissue  donor  registry under section
  forty-three hundred ten of  the  public  health  law.  In  addition,  an
  applicant   for  a  commercial  driver's  license  who  will  operate  a
  commercial motor vehicle in interstate commerce shall certify that  such
  applicant  meets the requirements to operate a commercial motor vehicle,
  as set forth in public law 99-570, title XII, and title 49 of  the  code
  of  federal  regulations,  and all regulations promulgated by the United
  States  secretary  of  transportation  under  the  hazardous   materials
  transportation act. Upon a determination that the holder of a commercial
  driver's  license  has  made  any  false  statement, with respect to the
  application  for  such  license,  the  commissioner  shall  revoke  such
  license.
    2.  Age.  (a)  An  applicant for a class A license or for a commercial
  driver's license which contains an H or an X  endorsement  or  which  is
  valid  for operation in interstate commerce shall be at least twenty-one
  years of age.
    (b) Except as  provided  in  paragraph  (a)  of  this  subdivision  an
  applicant for a class B, C or E license shall be at least eighteen years
  of age.
    (c) An applicant for a class D or M license shall be at least eighteen
  years  of  age,  except  that  an  application  shall be accepted if the
  applicant is at least seventeen years  of  age  and  submits  acceptable
  proof of successful completion of a driver education course, approved by
  the state education department and the commissioner.
    * (d)  An  applicant  for  a  class DJ or MJ license shall be at least
  sixteen years of age and such applicant must submit written  consent  to
  the issuance of such license by the applicant's parent or guardian. Upon
  receipt  of  withdrawal  of  such  consent,  any class DJ or MJ license,
  learner's permit or license application shall be cancelled. No class  DJ
  or  MJ  license or limited class DJ or MJ license shall be issued unless
  the applicant presents, at  the  time  of  the  road  test  administered
  pursuant  to  paragraph  (b) of subdivision four of section five hundred
  two of this article, a written certification by the  applicant's  parent
  or guardian that such applicant has operated a motor vehicle for no less
  than  twenty  hours  under  the  immediate  supervision  of  a person as
  authorized pursuant to subparagraph (ii) of paragraph (a)  or  paragraph
  (b)  of  subdivision five of section five hundred one of this article, a
  driver education teacher pursuant to section eight hundred six-a of  the
  education  law  or  a  driving school instructor pursuant to subdivision
  seven-a of section three hundred ninety-four of this chapter.
    * NB Effective until February 22, 2010
    * (d) An applicant for a class DJ or MJ  license  shall  be  at  least
  sixteen  years  of age and such applicant must submit written consent to
  the issuance of such license by the applicant's parent or guardian. Upon
  receipt of withdrawal of such consent,  any  class  DJ  or  MJ  license,
  learner's  permit or license application shall be cancelled. No class DJ
  or MJ license shall be issued unless the applicant presents, at the time
  of the road test administered pursuant to paragraph (b)  of  subdivision

  four  of this section, a written certification by the applicant's parent
  or guardian that such applicant has operated a motor vehicle for no less
  than fifty hours, at least fifteen hours of which shall be after sunset,
  under  the  immediate  supervision of a person as authorized pursuant to
  subparagraph (ii) of paragraph (a) or paragraph (b) of subdivision  five
  of  section five hundred one of this article, a driver education teacher
  pursuant to section eight hundred  six-a  of  the  education  law  or  a
  driving  school  instructor  pursuant  to subdivision seven-a of section
  three hundred ninety-four of this chapter.
    * NB Effective February 22, 2010
    3. Application for learner's permit. An application  for  a  learner's
  permit  shall  be included in the application for a license. A learner's
  permit shall be issued in such form as the commissioner shall  determine
  but shall not be issued unless the applicant has successfully passed the
  vision test required by this section and the test set forth in paragraph
  (a) of subdivision four of this section with respect to laws relating to
  traffic and ability to read and comprehend traffic signs and symbols and
  has  satisfactorily  completed any course required pursuant to paragraph
  (a)  of  subdivision  four  of  this  section.  Upon  acceptance  of  an
  application  for  a  learner's permit the commissioner shall provide the
  applicant with a driver's manual which includes but is  not  limited  to
  the  laws  relating  to  traffic, the laws relating to and physiological
  effects of driving while ability impaired and driving while intoxicated,
  explanations of traffic signs and symbols and such other matters as  the
  commissioner may prescribe.
    4.  Examinations.  (a)  (i)  Upon  submission  of an application for a
  driver's license, the applicant shall be required to  take  and  pass  a
  test,  or submit evidence of passage of a test, with respect to the laws
  relating to traffic, the laws  relating  to  driving  while  ability  is
  impaired  and  while  intoxicated,  under  the overpowering influence of
  "Road  Rage",  or  "Work  Zone  Safety"  awareness  as  defined  by  the
  commissioner,  the  ability  to  read  and  comprehend traffic signs and
  symbols and such other matters as the commissioner may prescribe, and to
  satisfactorily complete a course prescribed by the commissioner  of  not
  less  than  four  hours  and  not  more  than  five hours, consisting of
  classroom  driver  training  and  highway  safety  instruction  or   the
  equivalent  thereof.  Such  test  shall  include  at least seven written
  questions concerning the effects of consumption of alcohol or  drugs  on
  the  ability  of  a  person to operate a motor vehicle and the legal and
  financial consequences  resulting  from  violations  of  section  eleven
  hundred ninety-two of this chapter, prohibiting the operation of a motor
  vehicle  while  under the influence of alcohol or drugs. Such test shall
  include one or more written questions concerning the devastating effects
  of "Road Rage" on the ability of a person to operate a motor vehicle and
  the  legal  and  financial  consequences  resulting   from   assaulting,
  threatening  or  interfering  with  the lawful conduct of another person
  legally using the roadway. Such test shall include one or more questions
  concerning the potential dangers to persons and equipment resulting from
  the unsafe operation of a motor vehicle in a work zone. Such test  shall
  be  administered  by  the commissioner. The commissioner shall cause the
  applicant to take a vision test and a test  for  color  blindness.  Upon
  passage  of  the  vision  test,  the application may be accepted and the
  application fee shall be payable.
    (ii)  The  commissioner  shall  promulgate   rules   and   regulations
  establishing  eligibility  standards  for  the  taking  and  passing  of
  knowledge tests in other than written form.
    (b) Upon successful  completion  of  the  requirements  set  forth  in
  paragraph  (a)  of  this  subdivision which shall include an alcohol and

  drug  education  component  as  described  in  paragraph  (c)  of   this
  subdivision, a "Road Rage" awareness component as described in paragraph
  (c-1)  of  this subdivision and a "Work Zone Safety" awareness component
  as  described  in  paragraph (c-2) of this subdivision, the commissioner
  shall cause the applicant to  take  a  road  test  in  a  representative
  vehicle  of  a  type  prescribed  by  the  commissioner  which  shall be
  appropriate to the type of license for which application is made, except
  that the commissioner may waive the road test requirements  for  certain
  classes  of  applicants.  The  commissioner  shall  have  the  power  to
  establish a program  to  allow  persons  other  than  employees  of  the
  department  to  conduct  road tests in representative vehicles when such
  tests are required for applicants to obtain a class A, B or  C  license.
  If  she chooses to do so, she shall set forth her reasons in writing and
  conduct a public hearing on the matter. She shall only establish such  a
  program after holding the public hearing.
    (c)  Alcohol  and  drug  education  component.  The commissioner shall
  provide in the pre-licensing course, set forth in paragraph (b) of  this
  subdivision  a  mandatory component in alcohol and drug education of not
  less than two hours as a prerequisite for obtaining a license to operate
  a motor vehicle. The purpose of the component is to educate  prospective
  licensees  on the effects that ingestion of alcohol and other drugs have
  on a person's ability to operate a motor vehicle. The commissioner shall
  establish a curriculum for the  alcohol  and  drug  education  component
  which  shall  include  but not be limited to: instruction describing the
  hazards of driving while impaired  or  intoxicated;  the  penalties  for
  alcohol  related  motor vehicle violations including sanctions set forth
  in the penal law that apply to homicides and assaults arising out of the
  operation of a motor vehicle while intoxicated and those  sanctions  set
  forth  in  the  vehicle  and  traffic  law  relating  to  driving  while
  intoxicated; and the medical, biological and  physiological  effects  of
  the  consumption of alcohol and their impact on the operation of a motor
  vehicle.
    (c-1) "Road Rage" awareness component. The commissioner shall  provide
  in  the  pre-licensing  course,  set  forth  in  paragraph  (b)  of this
  subdivision a mandatory component in "Road Rage" awareness education  as
  a  prerequisite  for obtaining a license to operate a motor vehicle. The
  purpose of the component is to  educate  prospective  licensees  on  the
  effects  that  the development and expression of "Road Rage", as defined
  by the commissioner, have on a  person's  ability  to  operate  a  motor
  vehicle.  The  commissioner  shall  establish a curriculum for the "Road
  Rage" component which shall include but not be limited  to:  instruction
  describing  the  hazards  of driving and exiting the vehicle while under
  the influence of "Road Rage";  the  penalties  for  "Road  Rage"-related
  motor  vehicle  or other violations including sanctions set forth in the
  penal law that apply to  homicides  and  assaults  arising  out  of  the
  operation  of  a  motor  vehicle  while  expressing "Road Rage", and any
  sanctions set forth in law relating to driving while under the influence
  of "Road Rage"; and the medical, biological and physiological effects of
  the development and expression of "Road Rage", and their impact  on  the
  operation  of  a  motor  vehicle.  The  commissioner is charged with the
  responsibility for defining the  term  "Road  Rage",  as  used  in  this
  paragraph,  in  consultation  with  law  enforcement  personnel, medical
  professionals, representatives  of  the  court  system,  highway  safety
  officials,  and  any  other  group  that  the  commissioner believes can
  contribute to a comprehensive statement of the issue.
    (c-2) "Work Zone Safety" awareness  component.  (i)  The  commissioner
  shall provide in the pre-licensing course, set forth in paragraph (b) of
  this  subdivision, a mandatory component in "Work Zone Safety" awareness

  education as a prerequisite for obtaining a license to operate  a  motor
  vehicle.  The  purpose  of  the  component  is  to  educate  prospective
  licensees on the potential dangers to construction workers, construction
  equipment  operators  and  operators of motor vehicles in a highway work
  zone. For the purposes of this paragraph, the  term  "work  zone"  shall
  include  "work  area"  as  defined  by section one hundred sixty of this
  chapter, and "restricted  highway"  as  authorized  in  section  sixteen
  hundred twenty-five of this chapter.
    (ii)  The commissioner shall establish a curriculum for the "Work Zone
  Safety" component which shall include but not be limited to: instruction
  describing the potential hazards of driving through a work zone, whether
  or  not  work,  maintenance  or  other  related  construction  is  being
  undertaken therein, and information on the provisions of law relating to
  driving  within  a  work  zone  and  sanctions  for  violations  of such
  provisions, including speeding in a work zone.
    (iii) In developing such curriculum, the  commissioner  shall  consult
  with the commissioner of transportation, the superintendent of the state
  police,   representatives   of   the   highway   construction  industry,
  representatives  of  highway  construction   workers,   highway   safety
  officials,  and  any  other  group  that  the  commissioner believes can
  contribute to a comprehensive presentation of the issue.
    (d) The  commissioner  shall  make  available  for  distribution  upon
  registration  at  each  location  where the pre-licensing course will be
  given, instructional handbooks  outlining  the  content  of  the  entire
  curriculum   of  the  pre-licensing  course  including  the  information
  required to be included in the course pursuant to paragraphs (c),  (c-1)
  and  (c-2)  of this subdivision. The commissioner shall also provide for
  the additional training of the instructors necessary for  the  competent
  instruction  of the alcohol and drug education and "Road Rage" awareness
  and "Work Zone Safety" awareness subject matters  of  the  pre-licensing
  course.
    (e)  The  commissioner  shall  make  available to each applicant for a
  commercial  driver's  license  instructional  handbooks  outlining   the
  requirements  necessary  to  qualify  for such license, and containing a
  discussion of the offenses which will result  in  disqualification  from
  operating  a commercial motor vehicle as defined in section five hundred
  one-a of this chapter. Such handbooks shall be available in both English
  and Spanish language versions.
    (f) The commissioner shall promulgate such rules  and  regulations  as
  are necessary to carry out the provisions of this section.
    (g) The commissioner may, in his discretion, waive the requirement for
  passage of a test with respect to the laws relating to traffic, the laws
  relating  to driving while ability is impaired and while intoxicated and
  the ability to read and comprehend traffic signs and  symbols,  and  the
  requirement  for  completion of the course set forth in paragraph (a) of
  this subdivision for applicants who hold a valid or  renewable  driver's
  license issued by another jurisdiction or the United States government.
    (h) Course completion certificate fee. The fee for a course completion
  certificate  provided by the department to an entity that is approved by
  the commissioner to offer the pre-licensing  course,  required  by  this
  subdivision,  for  issuance  by  such  entity  to  students  upon  their
  completion of such pre-licensing course shall be one  dollar.  Such  fee
  shall  be  paid  by such entity and shall not be charged to a person who
  takes the course in any manner.
    5.  Issuance  of  license.  (a)  Upon  successful  completion  of  the
  requirements  set  forth  in  subdivision four of this section, and upon
  payment of the fee prescribed by law, the commissioner  shall  issue  an

  appropriate  license  to the applicant, except that the commissioner may
  refuse to issue such license
    (i)  if  the applicant is the holder of a currently valid or renewable
  license to drive issued by another state or foreign country  unless  the
  applicant surrenders such license, or
    (ii)  if  such  issuance  would be inconsistent with the provisions of
  section five hundred sixteen of this chapter.
    (b) The  commissioner  shall,  with  respect  to  the  issuance  of  a
  hazardous  materials  endorsement,  comply with the requirements imposed
  upon states pursuant to sections 383.141 and 1572.13 of title 49 of  the
  code of federal regulations.
    (c)  The commissioner shall not issue a commercial driver's license to
  a person while such person would be  subject  to  disqualification  from
  operating  a  commercial  motor  vehicle  for any cause set forth in the
  commercial motor vehicle safety  act  of  nineteen  hundred  eighty-six,
  public  law 99-570, title XII and regulations promulgated thereunder. In
  addition, the commissioner shall suspend a commercial  driver's  license
  for  the period of time in which such driver is determined to constitute
  an imminent hazard and is disqualified pursuant to 49 C.F.R 383.52.
    6. Renewal of license. (a) A license issued  pursuant  to  subdivision
  five  of this section shall be valid until the expiration date contained
  thereon, unless such license is suspended, revoked  or  cancelled.  Such
  license  may be renewed by submission of an application for renewal, the
  fee prescribed by law, proofs of prior licensing, fitness and acceptable
  vision prescribed by the commissioner, the applicant's  social  security
  number,  and  if  required  by  the  commissioner  a  photo image of the
  applicant in such numbers and form as the commissioner shall  prescribe.
  In  addition,  an  applicant  for  renewal  of  a  license  containing a
  hazardous material endorsement shall pass an examination to retain  such
  endorsement.  The  commissioner  shall, with respect to the renewal of a
  hazardous materials endorsement, comply with  the  requirements  imposed
  upon  states  by sections 383.141 and 1572.13 of title 49 of the code of
  federal regulations. A renewal of such license shall be  issued  by  the
  commissioner  upon  approval  of  such  application, except that no such
  license shall be issued if its issuance would be inconsistent  with  the
  provisions  of  section  five  hundred sixteen of this title, and except
  that the commissioner may refuse to renew such license if the  applicant
  is  the holder of a currently valid or renewable license to drive issued
  by another state or foreign country unless the applicant surrenders such
  license.
    (b) Time for renewal. A renewal license  may  only  be  issued  if  an
  application  for such license is filed within two years from the date of
  expiration of the prior license. Such application may be filed prior  to
  the  expiration  of  the  license  being renewed for a period of time as
  provided by regulation of the commissioner.
    7. Compliance with selective service act required. (a) All persons who
  are at least eighteen years of age but less than twenty-six years of age
  who apply to the commissioner for a learner's permit, driver's  license,
  renewal  of  license, or non-driver's identification card, shall either:
  (i) be in compliance with the requirements  of  the  military  selective
  service  act  as provided for pursuant to 50 U.S.C. App 451 et. seq., as
  amended, or (ii) consent to permit  the  commissioner  to  forward  such
  information  as  is  required  to  register  such  individual  with  the
  selective service system, if such individual must be registered pursuant
  to such act.
    (b) The  commissioner  shall  forward  in  an  electronic  format  the
  necessary   personal  information  required  for  registration  of  such
  individuals specified in paragraph (a)  of  this  subdivision  with  the

  selective   service   system.   Such  individual's  application  to  the
  commissioner for  a  learner's  permit,  driver's  license,  renewal  of
  license or non-drivers' identification card shall serve as an indication
  that  the  applicant  has already registered with the military selective
  service act or that such individual is authorizing the  commissioner  to
  forward  to  the  selective service system the necessary information for
  such selective service registration. The commissioner shall notify  such
  applicants  on the application form that any application for a learner's
  permit,  driver's  license,   renewal   of   license   or   non-driver's
  identification  card  shall  serve  as consent to be registered with the
  selective service system, if so required by federal law.