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Vehicle and Traffic Law

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Article 19 - NY Vehicle and Traffic Law

LICENSING OF DRIVERS

Section Description
501Drivers' licenses and learners' permits.
501-aDefinitions.
501-bAdditional restrictions on certain learners' permits and drivers' licenses.
502Requirements for licensing.
502-aDetermination of weights applicable to license requirements.
503Period of validity of drivers'licenses, learners' permits and applications; required fees.
504Form of license.
505Duplicate and amended licenses and permits; change of address.
506Reexamination of licensees.
507Miscellaneous provisions.
508Administrative procedures.
509Violations.
  S  501.  Drivers'  licenses and learners' permits. 1. The commissioner
  shall issue classified drivers' licenses as provided  in  this  article.
  Any  such  license  shall be valid only for the operation of the type of
  vehicles specified for each such class of license but shall not be valid
  for the operation of any type of vehicle for  which  an  endorsement  is
  required by this section or regulations promulgated hereunder unless the
  license   contains   such  endorsement  and  shall  be  subject  to  any
  restrictions contained thereon.
    2. Driver license classifications, endorsements and  restrictions  and
  exceptions. (a) License classifications. (i) Class A. Such license shall
  be  valid  to  operate  any motor vehicle or any combination of vehicles
  except it shall not be valid to operate a motorcycle other than a  class
  B or C limited use motorcycle.
    (ii)  Class  B.  Such license shall be valid to operate any vehicle or
  combination of vehicles which may be operated with a class E license and
  shall be valid to operate any motor vehicle or any such  vehicle,  other
  than  a  tractor,  towing  a  vehicle having a GVWR of not more than ten
  thousand pounds except it shall not be valid  to  operate  a  motorcycle
  other than a class B or C limited use motorcycle.
    (iii)  Class  C. Such license shall be valid to operate any vehicle or
  combination of vehicles which may be operated with a class E license and
  shall be valid to operate any motor vehicle with a GVWR of not more than
  twenty-six thousand pounds and any such vehicle towing  another  vehicle
  with  a GVWR of not more than ten thousand pounds except it shall not be
  valid to operate a tractor or a motorcycle other than a  class  B  or  C
  limited use motorcycle.
    (iv)  Class D. Such license shall be valid to operate any passenger or
  limited use automobile or any  truck  with  a  GVWR  of  not  more  than
  twenty-six  thousand  pounds or any such vehicle towing a vehicle with a
  GVWR of not more than ten thousand pounds, or any  such  vehicle  towing
  another  vehicle  with  a GVWR of more than ten thousand pounds provided
  such combination of vehicles has a GCWR  of  not  more  than  twenty-six
  thousand  pounds,  or  any  personal use vehicle with a GVWR of not more
  than twenty-six thousand pounds or any such  vehicle  towing  a  vehicle
  with a GVWR of not more than ten thousand pounds, except it shall not be
  valid  to  operate  a  tractor,  a  motorcycle other than a class B or C
  limited use motorcycle, a vehicle used to transport passengers for  hire
  or for which a hazardous materials endorsement is required, or a vehicle
  defined  as  a  bus in subdivision one of section five hundred nine-a of
  this title.
    (v) Class E. Such license shall be  valid  to  operate  only  vehicles
  which may be operated with a class D license, except that in addition it
  shall  be  valid to operate any such motor vehicle, other than a vehicle
  defined as a bus in subdivision one of section five  hundred  nine-a  of
  this chapter, used to transport up to fourteen passengers for hire.
    (vi)  Class  DJ.  Such license shall be valid to operate only vehicles
  which may be operated with a class D license by a person under  eighteen
  years  of  age,  except it shall not be valid to operate a motor vehicle
  with an unladen weight or a GVWR of more than ten thousand pounds or any
  motor vehicle towing another vehicle with an unladen weight or  GVWR  of
  more than three thousand pounds. Such license shall automatically become
  a class D license when the holder becomes eighteen years of age.
    (vii)  Class M. Such license shall be valid to operate any motorcycle,
  or any motorcycle,  other  than  a  limited  use  motorcycle,  towing  a
  trailer.
    (viii) Class MJ. Such license shall be valid to operate any motorcycle
  or  limited use motorcycle by a person under eighteen years of age. Such
  license shall automatically become a class M  license  when  the  holder
  becomes eighteen years of age.
    (b)  Endorsements.  The  following  endorsements  shall be required to
  operate vehicles as set forth herein. In addition  the  commissioner  by
  regulation may provide for further endorsements.
    (i)  T  endorsement.  Shall  be  required to operate double and triple
  trailers.
    (ii) H endorsement. Shall be required to transport hazardous materials
  as defined in section one  hundred  three  of  the  hazardous  materials
  transportation  act,  public  law  93-633,  title  I,  when  the vehicle
  transporting such materials  is  required  to  be  placarded  under  the
  hazardous  materials  regulation,  49  CFR  part  172,  subpart  F or is
  transporting any quantity of material listed as a select agent or  toxin
  in  42  CFR  part  73. An applicant for a commercial driver's license in
  this state who wishes to transport hazardous materials must obtain a New
  York state hazardous materials endorsement even if such applicant  holds
  a  valid hazardous materials endorsement issued by another state. A farm
  vehicle shall be exempt from the requirement for such  endorsement  when
  transporting  hazardous  materials within one hundred fifty miles of the
  person's farm. However, a separate non-commercial endorsement  shall  be
  required  for  such  exempted  transportation.  In  order to obtain such
  endorsement, the license holder must submit fingerprints for purposes of
  a criminal history record check pursuant  to  subdivision  six  of  this
  section.
    (iii) N endorsement. Shall be required to operate tank vehicles.
    (iv)  P  endorsement. Shall be required to operate a bus as defined in
  sections one hundred four and five hundred nine-a of this chapter.
    (v)  X  endorsement.  Shall  be  an  endorsement  combining  H  and  N
  endorsements.
    (vi)  Farm endorsement. Shall be required to operate a farm vehicle or
  a combination of farm vehicles which may not be operated with a class C,
  D or E license. The identification and scope of any such endorsement  or
  endorsements  shall  be as prescribed by regulation of the commissioner.
  Such identification and scope shall, at a minimum, include a distinction
  between the operation of a farm vehicle  having  a  GVWR  of  more  than
  twenty-six  thousand  pounds  within  one  hundred  fifty  miles  of the
  person's farm and the operation of a combination of farm vehicles having
  a GVWR of more than twenty-six thousand pounds within one hundred  fifty
  miles of the person's farm.
    (vii) Personal use vehicle endorsement. Shall be required to operate a
  personal use vehicle or a combination of personal use vehicles which may
  not  be  operated with a class C, D or E license. The identification and
  scope of any such endorsement or endorsements shall be as prescribed  by
  regulation of the commissioner, but no such endorsement shall permit the
  operation  of  a  rental truck towing a vehicle with a GVWR of more than
  ten thousand pounds.
    (viii) W endorsement. Shall be required to operate a tow truck.
    (ix)  Metal  coil  endorsement.  Shall  be  required  to  operate  any
  commercial motor vehicle, as defined in subdivision four of section five
  hundred  one-a of this article, carrying metal coils. The identification
  and scope of such endorsement shall be as prescribed  by  regulation  of
  the commissioner.
    (x)  S  endorsement.  Shall  be  required  to operate a school bus, as
  defined in section one hundred  forty-two  of  this  chapter,  which  is
  designed or used to transport fifteen or more passengers.
    (c)  Restrictions.  Notwithstanding  the  foregoing provisions of this
  subdivision, the operation of vehicles may be limited by  a  restriction
  or  restrictions  placed on a license. The following restrictions may be
  issued by the commissioner based  upon  the  representative  vehicle  in
  which  the  road  test  was  taken, or if the license is issued based on
  driving experience, the vehicle in which the experience was  gained.  In
  addition,  the  commissioner  may  by  regulation provide for additional
  restrictions based upon other types of vehicles or other factors  deemed
  appropriate by the commissioner.
    (i)  A  restriction  prohibiting  the  operation of a vehicle with air
  brakes.
    (ii) A restriction limiting the operation of a combination of vehicles
  to truck-trailer combinations.
    (iii) A restriction limiting operation to vehicles of not more than  a
  specified GVWR.
    (d)  Exceptions.  (i) Notwithstanding the foregoing provisions of this
  subdivision, a motor vehicle or combination of vehicles,  other  than  a
  motorcycle,  that  is (A) a military vehicle operated by a member of the
  armed forces, or (B) a police vehicle or fire vehicle during its use  in
  an  emergency  operation as defined in section one hundred fourteen-b of
  this chapter, or in the performance of official  duties,  or  activities
  related to the execution of emergency governmental functions pursuant to
  section  383.3 (d)(2) of title 49 of the code of federal regulations, or
  (C) a vehicle owned and identified as being owned  by  the  state  or  a
  political  subdivision  thereof  or  an  ambulance service as defined in
  subdivision two of section three thousand one of the public  health  law
  or a voluntary ambulance service as defined in subdivision three of such
  section  and  used  to  provide  emergency medical service as defined in
  section three thousand one of the  public  health  law,  or  to  perform
  official  duties,  or  activities  related to the execution of emergency
  governmental functions pursuant to section 383.3 (d)(2) of title  49  of
  the  code of federal regulations, may be operated with any class license
  other than a class DJ, M  or  MJ  license.  For  the  purposes  of  this
  paragraph  the  term  "member  of the armed forces" shall include active
  duty military personnel; members of the reserve components of the  armed
  forces;  members  of  the  national  guard  on  active  duty,  including
  personnel on  full  time  active  guard  duty,  personnel  on  part-time
  national   guard  training,  and  national  guard  military  technicians
  (civilians who are required to wear military uniforms); and active  duty
  United  States  coast guard personnel. The term shall not include United
  States reserve technicians. Notwithstanding the  provisions  of  section
  one  hundred  fourteen-b  of  this  chapter,  for  the  purposes of this
  subparagraph, the term "emergency  operation"  shall  include  returning
  from emergency service.
    (ii)  Notwithstanding  the foregoing provisions of this subdivision, a
  motor vehicle or combination of vehicles which is designed and primarily
  used for purposes other than the transportation of persons  or  property
  which  is  excluded  from  the  definition  of  commercial motor vehicle
  pursuant to the provisions of subparagraph  (iv)  of  paragraph  (a)  of
  subdivision  four  of  section five hundred one-a of this chapter may be
  operated with any class license other than a class DJ, M or MJ license.
    3. Restrictions on use of class DJ and class MJ licenses. A  class  DJ
  or  class  MJ  license  shall  permit the holder to operate a vehicle in
  accordance with the following restrictions:
    (a) in the counties of Nassau and Suffolk:
    (i)  for  the  purpose  of  driving  to  and  from  a   state-approved
  cooperative  work-study  educational  program, or to or from an approved
  program for credit in a post-secondary institution,  or  to  or  from  a
  state-approved  registered  evening high school or while engaged in farm
  employment, or to or from an approved driver education course; or
    (ii) from five o'clock in the morning to nine o'clock in the  evening,
  to  and from a place of business where the holder is regularly employed,
  or when accompanied by a duly licensed parent,  guardian,  person  in  a
  position  of  loco parentis, driver education teacher, or driving school
  instructor.
    (b) in all other areas of the state, except for the city of New York:
    (i)  from  five o'clock in the morning to nine o'clock in the evening;
  or
    (ii) from nine o'clock in the evening to five o'clock in  the  morning
  when  going  to  or from school, or to or from a place of business where
  the  holder  is  employed  on  a  regularly  scheduled  basis,  or  when
  accompanied  by a duly licensed parent, guardian or one in a position of
  loco parentis to the licensee.
    (c) in the city of New York, driving shall be prohibited.
    (d) for the purpose of this subdivision, the term "school" shall  mean
  instruction,  education or training licensed or approved by a department
  or agency of the state or training conducted by the armed forces of  the
  United States except it shall not include extra-curricular activities or
  social events for which scholastic credits are not given.
    (e)  any  person  operating a motor vehicle to or from school or to or
  from a place of business as authorized by this subdivision must  possess
  documentation  signed  by  such  person's  instructor  or  employer. The
  commissioner shall, by regulation, prescribe the  form  and  content  of
  such documentation.
    4.  Probationary licenses. Any driver's license, other than a class DJ
  and class  MJ  license,  shall  be  considered  probationary  until  the
  expiration  of  six  months  following the date of issuance thereof, and
  thereafter as provided in section five hundred ten-b of this title,  but
  this subdivision shall not apply to renewals of a license, or, unless so
  provided  by  the  commissioner,  to a license for which a road test has
  been waived by the commissioner.
    5. Learners' permits.  (a)  The  commissioner  shall  issue  learner's
  permits as provided in this article. Such permit shall be valid only
    (i)  for  the  operation  of  a motor vehicle of a type which could be
  operated by the holder of the class of license for which application  is
  being made;
    (ii) when the holder is under the immediate supervision and control of
  a  person  at least twenty-one years of age who holds a license valid in
  this state for the operation of the type of vehicle being operated; and
    (iii) in accordance with any additional restrictions prescribed by the
  commissioner and noted on such permit.
    (b) In addition to the restrictions contained in paragraph (a) of this
  subdivision, a learner's permit issued to a person applying for a  class
  DJ or class MJ license shall be subject to the restrictions contained in
  section  five  hundred  one-b of this article and shall not be valid for
  the operation of any motor vehicle:
    (i) within the city of New York, except that the holder of such permit
  may operate a motor vehicle within  the  city  of  New  York  from  five
  o'clock  in  the morning to nine o'clock in the evening when such person
  is under the immediate supervision and control  of  a  person  at  least
  twenty-one years of age who is such holder's parent, guardian, person in
  a position of loco parentis, driver education teacher for the purpose of
  certification  pursuant  to section eight hundred six-a of the education
  law or driving  school  instructor  for  the  purpose  of  certification
  pursuant  to subdivision seven-a of section three hundred ninety-four of
  this chapter  and  such  vehicle  is  equipped  with  dual  controls  as
  prescribed by the commissioner;
    (ii)  in the counties of Nassau and Suffolk, except that the holder of
  such permit may operate a motor vehicle within the  counties  of  Nassau
  and  Suffolk  from  five  o'clock  in the morning to nine o'clock in the
  evening when such person is under the immediate supervision and  control
  of  a  person  at  least  twenty-one  years  of age who is such holder's
  licensed parent, guardian, person in a position of loco parentis, driver
  education teacher for the purpose of certification pursuant  to  section
  eight  hundred  six-a of the education law, or driving school instructor
  for the purpose of certification  pursuant  to  subdivision  seven-a  of
  section  three hundred ninety-four of this chapter, or a person at least
  twenty-one years of age who holds a license valid in this state for  the
  operation  of  the  type  of  vehicle being operated, for the purpose of
  certification pursuant to subdivision two of section five hundred two of
  this article, and who has  been  designated  by  such  holder's  parent,
  guardian  or  person  in  a  position of loco parentis to accompany such
  holder, as evidenced by a written statement to that effect;
    (iii) from nine o'clock in the evening to five o'clock in the morning,
  unless the holder of such permit is under the immediate supervision  and
  control  of  a  person  at  least  twenty-one  years  of age who is such
  holder's licensed  parent,  guardian,  person  in  a  position  of  loco
  parentis,  driver  education  teacher  for  the purpose of certification
  pursuant to section eight hundred six-a of the education law, or driving
  school  instructor  for  the  purpose  of  certification   pursuant   to
  subdivision  seven-a  of  section  three  hundred  ninety-four  of  this
  chapter.
    (c) The restrictions contained in  paragraphs  (a)  and  (b)  of  this
  subdivision shall apply to a learner's permit which has been issued to a
  person  who  has  made  application  for  a class M or class MJ license,
  except that the required supervising driver need exercise  only  general
  supervision  and control over the learner as prescribed by regulation of
  the commissioner when the learner is operating a  motorcycle,  provided,
  however,  a  person  who  possesses  a learner's permit and who has made
  application for a class M or class  MJ  license,  shall  not  operate  a
  motorcycle  while there is another person on such motorcycle unless such
  other person possesses a valid class M license.
    6. H endorsement criminal history record check.  Upon  receipt  of  an
  application  and  completion  of  all  other requirements imposed by the
  commissioner for an H endorsement to permit the  operator  to  transport
  hazardous  materials  as  defined  in  section  one hundred three of the
  hazardous materials transportation act, public law 93-633, title I, when
  the vehicle transporting such materials  is  required  to  be  placarded
  under the hazardous materials regulation, 49 CFR part 172, subpart F, or
  is  transporting  any  quantity  of material listed as a select agent or
  toxin in 42 CFR part 73, the commissioner,  subject  to  the  rules  and
  regulations of the division of criminal justice services, shall initiate
  a  criminal  history  record check of the person making the application.
  The  commissioner  shall  obtain  from  each  applicant  two   sets   of
  fingerprints  and  the  division of criminal justice services processing
  fee imposed pursuant to subdivision eight-a  of  section  eight  hundred
  thirty-seven  of  the  executive  law and any fee imposed by the federal
  bureau of investigation. The commissioner shall promptly  transmit  such
  fingerprints  and  fees to the division of criminal justice services for
  processing. The federal bureau of  investigation  and  the  division  of
  criminal justice services shall forward such criminal history record, if
  any,  to  the  commissioner. All such criminal history records processed
  and sent pursuant to this section shall be confidential pursuant to  the
  applicable  federal and state laws, rules and regulations, and shall not
  be published or in any way disclosed to persons  other  than  authorized
  personnel,  unless  otherwise  authorized  by  law.  No  cause of action
  against the commissioner, the department or  the  division  of  criminal
  justice  services  for  damages related to the dissemination of criminal
  history   records   pursuant  to  this  section  shall  exist  when  the
  commissioner, department or division of criminal  justice  services  has
  reasonably  and  in good faith relied upon the accuracy and completeness
  of criminal history information furnished to it by  qualified  agencies.
  The  provision  of  such information by the division of criminal justice
  services shall be subject to the provisions of  subdivision  sixteen  of
  section  two  hundred ninety-six of the executive law. The consideration
  of such criminal history record by the commissioner shall be subject  to
  article  twenty-three-A  of  the  correction law. The commissioner shall
  review such criminal history record for a conviction within the previous
  ten years for: (i) any violent felony offense,  as  defined  in  section
  70.02  of  the  penal  law;  or  (ii)  any felony defined in article one
  hundred twenty, one hundred twenty-five, one hundred thirty, one hundred
  thirty-five, one hundred forty,  one  hundred  forty-five,  one  hundred
  fifty,  one  hundred fifty-five, one hundred sixty, one hundred seventy,
  one hundred seventy-five, two hundred,  two  hundred  ten,  two  hundred
  twenty,   two   hundred  twenty-one,  two  hundred  forty,  two  hundred
  sixty-five, four hundred  sixty,  four  hundred  seventy,  four  hundred
  eighty-five,  or  four  hundred  ninety  of  the  penal  law  or section
  fifty-three-e of the railroad law;  or  (iii)  any  offense  in  another
  jurisdiction  which  includes  all  of  the  essential  elements of such
  offenses described in paragraphs (i) and (ii) of  this  subdivision  and
  for  which  a  sentence  of  imprisonment  for  more  than  one year was
  authorized in the other jurisdiction and is authorized  in  this  state,
  regardless of whether such sentence was imposed; or any of the following
  federal  offenses:  improper  transportation of a hazardous material, as
  defined in 49 U.S.C. 46312, conveying false information or  threats,  as
  defined  in 49 U.S.C. 46507, espionage, as defined in 18 U.S.C. 793, 794
  or 3077, sedition, as defined in 18 U.S.C. 2384, 2385 or  section  4  of
  the subversive activities control act of 1950, treason, as defined in 18
  U.S.C.  2381  or conspiracy or solicitation, as defined in 18 U.S.C. 371
  or 373; or (iv) an attempt or conspiracy to commit any of  the  offenses
  specified  in  paragraphs  (i),  (ii),  or (iii) of this subdivision. In
  calculating such ten year period, any period of time  during  which  the
  person was incarcerated for any reason between the time of commission of
  the  previous  felony  and  the time of commission of the present felony
  shall be excluded and such ten year period shall be extended by a period
  or periods equal to the time  served  under  such  incarceration.  After
  receipt  of  a  criminal  history  record  from the division of criminal
  justice services, if any, and review of such  record,  the  commissioner
  shall promptly notify the applicant whether he or she will be granted an
  H  endorsement  based upon the applicant's criminal history and promptly
  notify such  applicant  of  the  determination  and  the  procedure  for
  requesting  a  hearing pursuant to this subdivision. If the commissioner
  denies an applicant an H endorsement based either in whole or in part on
  such applicant's criminal record,  the  commissioner  must  notify  such
  applicant of the basis for such denial, and afford such applicant notice
  and  an  opportunity  to  be heard and offer proof in opposition to such
  determination. If the  applicant  requests  a  hearing  to  contest  the
  commissioner's  determination,  such  hearing must be requested no later
  than thirty days after the applicant's receipt of the determination  and
  must be scheduled by the commissioner within sixty days of such request.
  Upon  request  and pursuant to the rules and regulations of the division
  of criminal justice services, any applicant may obtain, review and  seek
  correction of his or her criminal history record.

  S 501-a. Definitions.  The  following  terms when used in this article
  and in articles twenty and thirty-one of this chapter,  shall  have  the
  following meanings:
    1. Commercial driver's license or CDL. A class A or B driver's license
  or  a  class  C  driver's  license which bears an H, P or X endorsement,
  which licenses contain the legend  commercial  driving  license  or  CDL
  thereon  and  which  is  issued  in accordance with the commercial motor
  vehicle safety act of 1986, public  law  99-570,  title  XII,  and  this
  article which authorizes a person to operate a commercial motor vehicle.
    2.  Gross  vehicle  weight  rating  or  GVWR.  The weight of a vehicle
  consisting of the unladen  weight  and  the  maximum  carrying  capacity
  recommended  by  the  manufacturer  of  such  vehicle.  The  GVWR  of  a
  combination of vehicles (commonly referred to as the "Gross  Combination
  Weight  Rating"  or GCWR) is the GVWR of the power unit plus the GVWR of
  each vehicle in the combination.
    3. Hazardous materials. Any  material  that  has  been  designated  as
  hazardous  under  49  U.S.C.  5103 and is required to be placarded under
  subpart F of 49 CFR part 172 or any quantity of a material listed  as  a
  select agent or toxin in 42 CFR part 73.
    4.  Commercial  motor  vehicle.  (a) A motor vehicle or combination of
  vehicles designed or used to transport passengers or property:
    (i) which has a GVWR of more than twenty-six thousand pounds; or
    (ii) which has  a  GCWR  of  more  than  twenty-six  thousand  pounds,
  including  any  towed unit with a GVWR of more than ten thousand pounds;
  or
    (iii) designed or used to transport fifteen  or  more  passengers,  in
  addition to the driver; or
    (iv)  defined  as  a  bus  in  subdivision one of section five hundred
  nine-a of this chapter; or
    (v) of any size, other than a farm vehicle operated within one hundred
  fifty miles of the  operator's  farm,  used  in  the  transportation  of
  materials  found  by the United States secretary of transportation to be
  hazardous under the hazardous materials  transportation  act  and  which
  requires  the  motor vehicle transporting such materials to be placarded
  under the hazardous materials regulation, 49 CFR part 172, subpart F  or
  is  transporting  any quantity of a material listed as a select agent or
  toxin in 42 CFR part 73.
    (b) However, a commercial motor  vehicle  shall  not  include:  (i)  a
  personal  use  vehicle  or  a  farm  vehicle  or  a  combination of such
  vehicles; (ii) any  motor  vehicle  or  combination  of  motor  vehicles
  operated  by a member of the armed forces for military purposes; (iii) a
  police vehicle or fire vehicle, or combination of such  vehicles  during
  its  use  in  an  emergency  operation as defined in section one hundred
  fourteen-b of this chapter, or in the performance of official duties, or
  activities related to the execution of emergency governmental  functions
  pursuant  to  section  383.3  (d)(2)  of title 49 of the code of federal
  regulations; (iv)  a  vehicle  or  combination  of  vehicles  owned  and
  identified  as  being  owned  by  the  state  or a political subdivision
  thereof or an ambulance service as defined in subdivision two of section
  three thousand one of the public health law  or  a  voluntary  ambulance
  service  as  defined  in  subdivision  three of such section and used to
  provide emergency medical service as defined in section  three  thousand
  one  of  the  public  health  law,  or  to  perform  official duties, or
  activities related to the execution of emergency governmental  functions
  pursuant  to  section  383.3  (d)(2)  of title 49 of the code of federal
  regulations; or (v) a  vehicle  or  combination  of  vehicles  which  is
  designed  and  primarily used for purposes other than the transportation
  of persons or property and which is operated on a  public  highway  only
  occasionally  for  the purpose of being transported to a construction or
  off-highway site at which its primary purpose is to be performed  except
  as   may  otherwise  be  specifically  provided  by  regulation  of  the
  commissioner.  For  the  purposes of this paragraph, the term "member of
  the armed forces" shall include active duty military personnel;  members
  of  the  reserve components of the armed forces; members of the national
  guard on active duty, including personnel  on  full  time  active  guard
  duty, personnel on part-time national guard training, and national guard
  military  technicians  (civilians  who  are  required  to  wear military
  uniforms); and active duty United States coast guard personnel. The term
  shall not include United States reserve technicians. Notwithstanding the
  provisions of section one hundred fourteen-b of this  chapter,  for  the
  purposes of this paragraph, the term "emergency operation" shall include
  returning from emergency service.
    5. Representative vehicle. The type of motor vehicle or combination of
  vehicles  specified  by regulation of the commissioner that an applicant
  for a driver's license must operate during  a  road  test  in  order  to
  receive a specific class of license or endorsement.
    6.  Tank  vehicle.  Any commercial motor vehicle designed to transport
  any liquid or gaseous material within a tank that is either  permanently
  or  temporarily  attached  to  the vehicle or the chassis. Such vehicles
  include, but are not limited to, cargo and portable tanks, as defined in
  49 CFR part 171. However, this  definition  does  not  include  portable
  tanks having a rated capacity under one thousand gallons.
    7.  Farm  vehicle. A vehicle having a GVWR of not more than twenty-six
  thousand pounds which is controlled and operated by a farmer, is used to
  transport agricultural products, farm machinery, farm supplies or all of
  the aforementioned to or from the farm and is not used in the operations
  of a common or contract motor carrier and, such a vehicle having a  GVWR
  of  more  than  twenty-six  thousand  pounds while being used within one
  hundred fifty miles of the person's farm.
    8. Personal use vehicle. A vehicle constructed or altered to  be  used
  for  recreational purposes which is exclusively used to transport family
  members  and/or  personal  possessions  of  such  family   members   for
  non-business  recreational  purposes  by the operator, or a rental truck
  which is exclusively used  to  transport  personal  possessions  of  the
  person who has rented the truck for non-business purposes.

  S  501-b.  Additional  restrictions  on  certain learners' permits and
  drivers' licenses. 1. In  addition  to  the  restrictions  contained  in
  subdivision  five of section five hundred one of this article, no holder
  of a class DJ or class MJ learner's permit shall:
    (a) operate a motor vehicle with any front seat occupants  other  than
  the supervising driver;
    (b)  operate  a motor vehicle unless every occupant of such vehicle is
  properly restrained by a safety belt or child safety seat in  accordance
  with  the  provisions  of  subdivision three-a of section twelve hundred
  twenty-nine-c of this chapter;
    (c) operate a motor vehicle with more than one passenger who is  under
  the age of twenty-one and who is not a member of such holder's immediate
  family,  provided,  however, that the provisions of this paragraph shall
  not apply when such holder is accompanied by  a  duly  licensed  parent,
  guardian,  person  in  a  position  of  loco  parentis, driver education
  teacher or driving school instructor;
    (d) be eligible for issuance of a class DJ, MJ, D or M license  unless
  such  permit  has been valid for at least six months. Any time period in
  which such class DJ or MJ learner's permit has been suspended or revoked
  shall not be counted  in  determining  the  length  of  time  that  such
  learner's permit has been valid.
    2.  In  addition to the restrictions contained in subdivision three of
  section five hundred one of this article, no holder of  a  class  DJ  or
  class MJ license shall operate a motor vehicle:
    (a)  unless every occupant of such vehicle is properly restrained by a
  safety belt or child safety seat in accordance with  the  provisions  of
  subdivision  three-a  of  section  twelve  hundred twenty-nine-c of this
  chapter; and
    (b) with more than one passenger who is under the  age  of  twenty-one
  and  who  is  not  a member of such holder's immediate family, provided,
  however, that the provisions of this paragraph shall not apply when such
  holder is accompanied by a duly licensed parent, guardian, person  in  a
  position  of  loco  parentis, driver education teacher or driving school
  instructor.

  S  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, and space so that  the
  applicant  may  request a notation upon such license that he or she is a
  veteran of the United States armed forces. 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.  In  addition, an applicant for a commercial driver's license shall
  submit a medical certificate  at  such  intervals  as  required  by  the
  federal  motor carrier safety improvement act of 1999 and Part 383.71(h)
  of title 49 of the code  of  federal  regulations  relating  to  medical
  certification  and  in  a  manner  prescribed  by  the commissioner. For
  purposes of this section and sections five hundred three,  five  hundred
  ten-a,  and  five  hundred  ten-aa  of  this  title,  the terms "medical
  certificate" and "medical certification" shall mean a form substantially
  in compliance with the form set forth in Part 391.43(h) of title  49  of
  the code of federal regulations. 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.
    * NB Separately amended, cannot be together
    * 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  shall  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 with the following stated on the application in
  clear and conspicuous type:
    "You must fill out the following section: Would you like to  be  added
  to  the  Donate  Life  Registry?  Check  box  for  'yes'  or  'skip this
  question'."
    ** The commissioner of health shall not maintain records of any person
  who checks "skip this question". Except where the application is made in
  person or electronically, failure to check a box shall  not  impair  the
  validity of an application, and failure to check "yes" or checking "skip
  this  question" shall not be construed to imply a wish not to donate. In
  the case of an applicant under eighteen years  of  age,  checking  "yes"
  shall  not constitute consent to make an anatomical gift or registration
  in the donate life registry. Where an applicant has previously consented
  to make an anatomical gift or registered in the  donate  life  registry,
  checking "skip this question" or failing to check a box shall not impair
  that consent or registration. 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. In addition, an applicant for a commercial driver's  license  shall
  submit  a  medical  certificate  at  such  intervals  as required by the
  federal motor carrier safety improvement act of 1999 and Part  383.71(h)
  of  title  49  of  the  code  of federal regulations relating to medical
  certification and in  a  manner  prescribed  by  the  commissioner.  For
  purposes  of  this section and sections five hundred three, five hundred
  ten-a, and five  hundred  ten-aa  of  this  title,  the  terms  "medical
  certificate" and "medical certification" shall mean a form substantially
  in  compliance  with the form set forth in Part 391.43(h) of title 49 of
  the code of federal regulations. 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.
    ** NB Effective until February 14, 2017
    ** The commissioner of health shall not maintain records of any person
  who checks "skip this question". Except where the application is made in
  person  or  electronically,  failure to check a box shall not impair the
  validity of an application, and failure to check "yes" or checking "skip
  this question" shall not be construed to imply a wish not to donate.  In
  the  case  of  an  applicant under eighteen years of age, checking "yes"
  shall not constitute consent to make an anatomical gift or  registration
  in  the  donate  life registry, except as otherwise provided pursuant to
  the  provisions  of  paragraph  (b)  of  subdivision  one   of   section
  forty-three hundred one of the public health law. Where an applicant has
  previously  consented  to  make  an anatomical gift or registered in the
  donate life registry, checking "skip this question" or failing to  check
  a  box  shall  not  impair that consent or registration. 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. In addition, an applicant for a commercial  driver's
  license shall submit a medical certificate at such intervals as required
  by  the  federal  motor  carrier safety improvement act of 1999 and Part
  383.71(h) of title 49 of the code of  federal  regulations  relating  to
  medical  certification  and  in a manner prescribed by the commissioner.
  For purposes of this section  and  sections  five  hundred  three,  five
  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
  certificate" and "medical certification" shall mean a form substantially
  in  compliance  with the form set forth in Part 391.43(h) of title 49 of
  the code of federal regulations. 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.
    ** NB Effective February 14, 2017
    * NB Effective until October 3, 2020
    * NB Separately amended, cannot be put together
    * 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, and  space  so  that  the  applicant  may  request  a
  notation  upon  such  license  that he or she is a veteran of the United
  States armed forces. 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.  In  addition,  an
  applicant  for  a  commercial  driver's  license  shall submit a medical
  certificate at such intervals as required by the federal  motor  carrier
  safety  improvement  act  of  1999 and Part 383.71(h) of title 49 of the
  code of federal regulations relating to medical certification and  in  a
  manner  prescribed by the commissioner. For purposes of this section and
  sections five hundred three, five hundred ten-a, and five hundred ten-aa
  of  this  title,  the   terms   "medical   certificate"   and   "medical
  certification"  shall  mean  a form substantially in compliance with the
  form set forth in Part 391.43(h) of title 49  of  the  code  of  federal
  regulations.  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.
    * NB Effective October 3, 2020
    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,  and  proof  of
  completion  of  the  minimum  hours of supervised driving as required in
  paragraph (d) of this subdivision.
    (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.
    * 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,
  the  law  for  exercising  due  care  to  avoid colliding with a parked,
  stopped or standing  authorized  emergency  vehicle  or  hazard  vehicle
  pursuant  to  section  eleven  hundred  forty-four-a  of  this  chapter,
  explanations of traffic signs and symbols and such other matters as  the
  commissioner may prescribe.
    * NB Effective until January 17, 2017
    * 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,
  the  law  for  exercising  due  care  to  avoid colliding with a parked,
  stopped  or  standing  vehicle  pursuant  to  section   eleven   hundred
  forty-four-a  of this chapter, explanations of traffic signs and symbols
  and such other matters as the commissioner may prescribe.
    * NB Effective January 17, 2017
    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 law relating to exercising due care to avoid colliding
  with a parked, stopped  or  standing  authorized  emergency  vehicle  or
  hazard  vehicle  pursuant to section eleven hundred forty-four-a of this
  chapter, 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  may
  include one or more questions concerning the law for exercising due care
  to  avoid  colliding  with  a  parked,  stopped  or  standing authorized
  emergency vehicle or hazard vehicle pursuant to section  eleven  hundred
  forty-four-a  of  this  chapter.  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.
    * NB Effective until January 17, 2017
    * (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 law  relating
  to  exercising  due  care  to  avoid colliding with a parked, stopped or
  standing authorized emergency vehicle  or  hazard  vehicle  pursuant  to
  section eleven hundred forty-four-a of this chapter, 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 may include one or more questions
  concerning the law for exercising due care to  avoid  colliding  with  a
  parked,  stopped  or standing vehicle pursuant to section eleven hundred
  forty-four-a of this chapter. 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.
    * NB Effective January 17, 2017
    (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.

  S 502-a. Determination  of weights applicable to license requirements.
  The applicability of the requirements relative to licensing  as  defined
  in  this  article  shall,  except  when a commercial driver's license is
  required solely because the vehicle is transporting hazardous  materials
  or  passengers,  be  based  upon  the  vehicle  manufacturer's GVWR, the
  registration weight of the vehicle or the actual weight of  the  vehicle
  and  the  load,  whichever  is greater, or with respect to passenger and
  limited use automobiles shall be based upon the registration  weight  of
  the automobile.

  S 503. Period  of validity of drivers' licenses, learners' permits and
  applications; required fees. 1. Periods  of  validity.  (a)  A  driver's
  license  shall  be  valid  from  the  date  of  issuance until a date of
  expiration determined by the commissioner. Such dates  of  issuance  and
  expiration  shall  be  noted on the license, except that if such printed
  expiration date falls on a  Saturday,  Sunday  or  state  holiday,  such
  license  shall  be valid for operation until midnight of the next day on
  which state offices shall be open for business. However, a prior license
  shall expire on the date of issuance of a renewal of such prior license.
  The commissioner may extend the period of validity of  a  license  in  a
  manner and form prescribed by him.
    (b)  An  application for a license shall be valid for a period of time
  specified by regulation of the commissioner not to exceed five years.  A
  learner's  permit  shall be valid from its issuance until the expiration
  of the application for a driver's  license  for  which  it  was  issued.
  Provided, however, that a learner's permit issued by the commissioner in
  connection  with  an application for a commercial driver's license shall
  be cancelled within sixty days of  the  holder's  medical  certification
  status  becoming  "not-certified"  based upon: (i) the expiration of the
  holder's  medical  certification  or  medical   variance   documentation
  required by the federal motor carrier safety improvement act of 1999 and
  Part  383.71(h) of title 49 of the code of federal regulations; (ii) the
  holder's  failure  to  submit  such  medical  certification  or  medical
  variance  documentation  at  such  intervals  as required by the federal
  motor carrier safety improvement act of 1999 and Part 383.71(h) of title
  49 of the code of federal regulations and in a manner prescribed by  the
  commissioner;  or  (iii)  the receipt by the commissioner of information
  from the issuing medical examiner or the federal  motor  carrier  safety
  administration  that  a  medical  certification  or medical variance was
  issued in error or rescinded. The commissioner shall,  upon  a  holder's
  status  becoming  "not-certified",  notify  the holder of such learner's
  permit  issued  in  connection  with  a  commercial   driver's   license
  application  by  first  class mail to the address of such person on file
  with the department or at the current address  provided  by  the  United
  States   postal   service   of   his   or  her  "not-certified"  medical
  certification status and that the commercial motor vehicle privileges of
  such learner's permit will be cancelled  unless  he  or  she  submits  a
  current  medical  certificate and/or medical variance in accordance with
  Part 383.71(h) of title 49 of the code of federal regulations or changes
  his or her self-certification to driving only in excepted or  intrastate
  commerce  in  accordance with Part 383.71(b)(ii)(B), (C) or (D) of title
  49 of the code of federal regulations.
    2. Fees. (a)  Initial  application  fee.  The  fee  required  for  the
  initiation  of  the  licensing  process  by a person who does not hold a
  valid or renewable license issued  by  the  commissioner  shall  be  ten
  dollars.
    (i)  If  application  is  made for any license other than a commercial
  driver's license, such fee  shall  enable  the  applicant  to  take  the
  knowledge  test required for issuance of a learner's permit and driver's
  license no more than twice.
    (ii) (A) If application is made for  a  commercial  driver's  license,
  such  fee shall enable the applicant to take the knowledge test required
  for issuance of a learner's permit and driver's license  once  and  also
  take  any  knowledge  test  or  tests  required  for  any endorsement or
  endorsements applied for which are taken at the same time.
    (B) The knowledge tests for such learner's permit, driver's license or
  endorsements shall be available in both the English and Spanish language
  versions.
    (iii) If an applicant fails to pass the knowledge  test  required  for
  issuance  of  a  learner's  permit  in  the number of times specified in
  subparagraph (i) or (ii) of this paragraph, a new application fee  shall
  be required.
    (b) Learner permit/license fee. (i) Upon passage of the knowledge test
  required  to  obtain  a learner's permit, the applicant for a commercial
  driver's license shall be required to pay  an  additional  fee  of  nine
  dollars  and  fifty  cents for each six months or portion thereof of the
  period of validity of a learner's permit or license which is or  may  be
  issued  as  well as a fee of forty dollars for a road test which must be
  passed before a license will be issued.
    (ii) Upon passage of the knowledge test required to obtain a learner's
  permit, the applicant for a class C license which does not have an H,  P
  or  X  endorsement  or  a  class  E license shall be required to pay six
  dollars and twenty-five cents for each six months or portion thereof  of
  the  period of validity of a learner's permit or license which is or may
  be issued, and an applicant for a class D, DJ, M or MJ license shall  be
  required  to pay three dollars and twenty-five cents for each six months
  or portion thereof of the period of validity of a  learner's  permit  or
  license  which  is or may be issued. No additional fee shall be required
  of any such applicant to take up to two road tests. Such road test  must
  be passed before a license will be issued.
    (iii)  If  an  applicant  fails  to  pass  the  road test required for
  issuance of a license in the number of times specified  in  subparagraph
  (i)  or  (ii) of this paragraph, an additional fee of forty dollars will
  be required for each additional test applied for in order  to  obtain  a
  commercial driver's license and an additional fee of ten dollars will be
  required  for up to two tests applied for in order to obtain any license
  other than a commercial driver's license.
    (iv) Notwithstanding any inconsistent provision of this  section,  the
  difference  collected  between  the  fees set forth in this paragraph in
  effect on and after September first, two thousand nine and the fees  set
  forth  in this paragraph in effect prior to such date shall be deposited
  to the credit of the dedicated highway and bridge trust fund.
    (b-1) Supplemental learner  permit/license  fee  in  the  metropolitan
  commuter transportation district. (i) Upon passage of the knowledge test
  required  to  obtain  a  learner's  permit,  an applicant for a driver's
  license who resides in the metropolitan commuter transportation district
  established by section one thousand two hundred sixty-two of the  public
  authorities  law  shall  be  required  to  pay a supplemental fee of one
  dollar for each six months or portion thereof of the period of  validity
  of  a  learner's permit or license which is or may be issued pursuant to
  the provisions of subparagraph (i) or (ii)  of  paragraph  (b)  of  this
  subdivision.
    (ii) The commissioner shall deposit daily all funds collected pursuant
  to  subparagraph  (i)  of  this  paragraph  with such responsible banks,
  banking houses or trust companies as may  be  designated  by  the  state
  comptroller,  to the credit of the comptroller. On or before the twelfth
  day of each month, the commissioner shall certify to the comptroller the
  amount of all revenues received pursuant to  subparagraph  (i)  of  this
  paragraph  during  the  prior  month as a result of the supplemental fee
  imposed, including any interest and penalties thereon. The  revenues  so
  certified   shall   be   deposited  by  the  state  comptroller  in  the
  metropolitan  transportation  authority  aid  trust   account   of   the
  metropolitan   transportation   authority   financial   assistance  fund
  established pursuant to section ninety-two-ff of the state  finance  law
  for  deposit,  subject to appropriation, in the corporate transportation
  account of the metropolitan transportation authority special  assistance
  fund  established  by  section  twelve  hundred  seventy-a of the public
  authorities  law,  to  be  applied  as  provided  in  paragraph  (e)  of
  subdivision  four  of such section. Any money collected pursuant to this
  section  that  is  deposited  by  the  comptroller  in  the metropolitan
  transportation  authority  aid  trust  account   of   the   metropolitan
  transportation authority financial assistance fund shall be held in such
  fund  free  and  clear  of  any  claim by any person or entity paying an
  additional fee pursuant to this section, including, without limiting the
  generality of the foregoing, any right or claim against the metropolitan
  transportation authority, any of its bondholders, or any  subsidiary  or
  affiliate of the metropolitan transportation authority.
    (c)  Renewal  fee.  Fees  for  renewal  of  a  license  issued  by the
  commissioner shall be as follows:
    (i) For a commercial driver's license, nine dollars  and  fifty  cents
  for each six months or portion thereof.
    (ii)  For  a  class  C  license  which  does  not  have  an  H, P or X
  endorsement or a class E license, six dollars and twenty-five cents  for
  each six months or portion thereof.
    (iii)  For  a  class  D,  DJ,  M  or  MJ  license,  three  dollars and
  twenty-five cents, for each six months or portion thereof.
    (iv) Notwithstanding any inconsistent provision of this  section,  the
  difference  collected  between  the  fees set forth in this paragraph in
  effect on and after September first, two thousand nine and the fees  set
  forth  in this paragraph in effect prior to such date shall be deposited
  to the credit of the dedicated highway and bridge trust fund.
    (c-1) In addition to the fees established in paragraphs (b) and (c) of
  this subdivision, a fee of fifty cents for each six  months  or  portion
  thereof of the period of validity shall be paid upon the issuance of any
  permit, license or renewal of a license which is valid for the operation
  of  a  motorcycle,  except  a  limited  use  motorcycle.  Fees collected
  pursuant to this paragraph shall be deposited into the motorcycle safety
  fund established pursuant to section ninety-two-g of the  state  finance
  law.
    (c-2)  Refunds.  The  commissioner  shall  refund  any fees paid for a
  driver's license pursuant to paragraph (c) of this subdivision  for  the
  period  commencing  after  completion  of  four  years  of the period of
  validity of such license, provided that such license is not suspended or
  revoked and is surrendered to the commissioner before the  end  of  such
  four year period and application therefor is filed with the commissioner
  no later than three months from the expiration of such four year period.
    (c-3)  (i)  Supplemental  renewal  fee  in  the  metropolitan commuter
  transportation district. In addition to the fees  required  to  be  paid
  pursuant to paragraph (c) of this subdivision, a supplemental fee of one
  dollar  for  each  six  months or portion thereof of the validity of the
  license shall be paid for renewal of a license of a person  who  resides
  in  the  metropolitan  commuter  transportation  district established by
  section one thousand two hundred sixty-two of the public authorities law
  issued by the commissioner.
    (ii) The commissioner shall deposit daily all funds collected pursuant
  to this paragraph with such responsible banks, banking houses  or  trust
  companies  as  may be designated by the state comptroller, to the credit
  of the comptroller. On or before the twelfth  day  of  each  month,  the
  commissioner shall certify to the comptroller the amount of all revenues
  received  pursuant  to this paragraph during the prior month as a result
  of the supplemental fees imposed, including any interest  and  penalties
  thereon.  The  revenues  so  certified  shall  be deposited by the state
  comptroller in  the  metropolitan  transportation  authority  aid  trust
  account   of   the   metropolitan   transportation  authority  financial
  assistance fund established pursuant to  section  ninety-two-ff  of  the
  state  finance  law  for  deposit,  subject  to  appropriation,  in  the
  corporate transportation  account  of  the  metropolitan  transportation
  authority  special assistance fund established by section twelve hundred
  seventy-a of the public authorities law, to be applied  as  provided  in
  paragraph  (e)  of subdivision four of such section. Any money collected
  pursuant to this section that is deposited by  the  comptroller  in  the
  metropolitan   transportation   authority   aid  trust  account  of  the
  metropolitan transportation authority financial assistance fund shall be
  held in such fund free and clear of any claim by any  person  or  entity
  paying  an  additional  fee pursuant to this section, including, without
  limiting the generality of the foregoing, any right or claim against the
  metropolitan transportation authority, any of its  bondholders,  or  any
  subsidiary or affiliate of the metropolitan transportation authority.
    (d)  Duplicate  and amendment fees. (i) The fee for a duplicate of any
  license or learner's permit shall be five dollars.
    (ii) If a knowledge test or test are required to be passed  to  secure
  an amended learner's permit or license, the fees for taking of such test
  or  tests  specified in paragraph (a) of this subdivision shall be paid.
  However, if an amendment is to add only an endorsement  or  endorsements
  which  require  only  the passing of a knowledge test or tests, a fee of
  five dollars shall be paid. If a road test or tests are required  to  be
  passed  to  secure  an amended license, the fees for taking such test or
  tests specified in paragraph (b) of this subdivision shall be  paid.  If
  no  knowledge or road test is required to secure an amended license, the
  fee required  for  such  amended  license  shall  be  five  dollars.  In
  addition,  if  the  fee  for  the amended learner's permit or license is
  greater than the fee for the learner's permit or license being  amended,
  the difference in fee shall be paid. If the amendment is only to correct
  or update a driver's record, no fee other than the photo image fee shall
  be required.
    (e)  Alternative testing. If a knowledge test is required in any stage
  of the licensing process, the applicant may request that  such  test  be
  given  in  a  form  other  than  written  and if the applicant meets the
  eligibility standards established by the commissioner for an alternative
  test then the commissioner shall give such test in an alternative  form.
  An  additional  fee  of  five  dollars  shall  be  required  for such an
  alternative test.
    (f) Photo image fee. In addition to any other fee prescribed herein, a
  fee of  twelve  dollars  and  fifty  cents  shall  be  charged  for  the
  processing  of each learner permit or license document requiring a photo
  image. Of each such fee collected, five dollars shall  be  deposited  to
  the  credit  of  the general fund and five dollars shall be deposited in
  the dedicated highway and bridge  trust  fund  established  pursuant  to
  section  eighty-nine-b  of  the state finance law and the dedicated mass
  transportation fund established pursuant to section eighty-nine-c of the
  state finance  law  and  distributed  according  to  the  provisions  of
  subdivision (d) of section three hundred one-j of the tax law.
    Notwithstanding  any  inconsistent  provision  of  this  section,  the
  difference collected between the fees set forth  in  this  paragraph  in
  effect  on and after September first, two thousand nine and the fees set
  forth in this paragraph in effect prior to such date shall be  deposited
  to the credit of the dedicated highway and bridge trust fund.
    (f-1)  In  addition  to  any  other fee prescribed in this section, an
  additional fee of thirty dollars  shall  be  charged  for  any  license,
  issued  to  a  New  York  state  resident who is a citizen of the United
  States, that can be used for  certain  land  and  sea  border  crossings
  pursuant  to  section  7209  of  the  Intelligence  Reform and Terrorism
  Prevention Act  of  Two  Thousand  Four,  Public  Law  108-458,  or  the
  regulations promulgated thereunder.
    (g)  In  no  event  shall  the  commissioner  increase  fees or impose
  surcharges or penalties for the issuance or renewal of licenses  without
  the  specific  mandate  of  the  legislature  effected  pursuant  to  an
  amendment to this chapter.
    (h) An applicant whose driver's license has been revoked  pursuant  to
  (i)  section five hundred ten of this title, (ii) section eleven hundred
  ninety-three  of  this  chapter,  and  (iii)  section   eleven   hundred
  ninety-four  of  this chapter, shall, upon application for issuance of a
  driver's license, pay to the commissioner a fee of one hundred  dollars.
  When  the  basis for the revocation is a finding of driving after having
  consumed alcohol pursuant to the provisions of  section  eleven  hundred
  ninety-two-a  of  this  chapter,  the fee to be paid to the commissioner
  shall be one hundred dollars. Such fee is not refundable and  shall  not
  be  returned  to the applicant regardless of the action the commissioner
  may take on such person's application for reinstatement of such  driving
  license.  Such  fee  shall  be  in  addition to any other fees presently
  levied but shall not apply to an applicant whose  driver's  license  was
  revoked  for  failure to pass a reexamination or to an applicant who has
  been issued a conditional or restricted use license under the provisions
  of article twenty-one-A or thirty-one of this chapter.
    (i) A non-resident whose driving privileges have been revoked pursuant
  to sections five hundred ten, eleven  hundred  ninety-three  and  eleven
  hundred   ninety-four  of  this  chapter  shall,  upon  application  for
  reinstatement of such driving privileges, pay  to  the  commissioner  of
  motor  vehicles a fee of twenty-five dollars. Such fee is not refundable
  and shall not be returned to the applicant regardless of the action  the
  commissioner  may take on such person's application for reinstatement of
  such driving privileges.
    (j) Whenever a license issued pursuant to this article, or a privilege
  of operating a motor vehicle or of obtaining such a  license,  has  been
  suspended, such suspension shall remain in effect until a termination of
  a suspension fee of fifty dollars is paid to the commissioner; provided,
  however, when the basis for the suspension is a finding of driving after
  having  consumed  alcohol  pursuant  to the provisions of section eleven
  hundred ninety-two-a of  this  chapter,  the  fee  to  be  paid  to  the
  commissioner  shall  be  one  hundred  dollars.  The  provisions of this
  paragraph shall not apply to a temporary suspension pending  a  hearing,
  prosecution  or  investigation, nor to an indefinite suspension which is
  issued because of the failure of the person suspended to perform an act,
  which suspension will be terminated by the performance of the act.
    (j-1) (i) When a  license  issued  pursuant  to  this  article,  or  a
  privilege  of  operating a motor vehicle or of obtaining such a license,
  has been suspended based upon a failure to answer an  appearance  ticket
  or  a  summons or failure to pay a fine, penalty or mandatory surcharge,
  pursuant  to  subdivision  three  of  section  two  hundred  twenty-six,
  subdivision four of section two hundred twenty-seven, subdivision four-a
  of  section  five  hundred ten or subdivision five-a of section eighteen
  hundred nine of this chapter, such suspension  shall  remain  in  effect
  until  a  termination  of a suspension fee of seventy dollars is paid to
  the court or tribunal that initiated the suspension of such  license  or
  privilege.  In  no  event  may  the  aggregate of the fees imposed by an
  individual court pursuant to this paragraph for the termination  of  all
  suspensions  that  may  be terminated as a result of a person's answers,
  appearances  or  payments  made  in  such  cases  pending  before   such
  individual  court  exceed four hundred dollars. For the purposes of this
  paragraph,  the  various  locations  of  the   administrative   tribunal
  established  under  article two-A of this chapter shall be considered an
  individual court.
    (ii)  Any  such fee collected by any court, judge, magistrate or other
  officer specified in subdivision  one  of  section  thirty-nine  of  the
  judiciary law, establishing a unified court budget, shall be paid to the
  state  commissioner  of taxation and finance on a monthly basis no later
  than ten days after  the  last  day  of  each  month.  All  such  monies
  collected  under  this  subdivision  shall  be deposited to the indigent
  legal services fund established by section ninety-eight-b of  the  state
  finance law.
    (iii)  Any such fee collected by any other court, judge, magistrate or
  other officer shall,  except  as  provided  in  paragraph  (k)  of  this
  subdivision,  be paid to the state comptroller within the first ten days
  of the month following collection. Every such payment to the comptroller
  shall be accompanied by a statement in  such  form  and  detail  as  the
  comptroller   shall  provide.  All  such  monies  collected  under  this
  subdivision shall be deposited  to  the  indigent  legal  services  fund
  established by section ninety-eight-b of the state finance law.
    (iv)  Notwithstanding  any  other  provision  of this paragraph, fifty
  percent of all fees  collected  pursuant  to  this  paragraph  shall  be
  deposited to the credit of the general fund.
    (k)  Fees  assessed  for  reapplication  for  a  driver's  license  or
  reinstatement of driving privileges after revocation or required  to  be
  paid  for  termination  of suspension as provided in paragraphs (h), (i)
  and (j) of this subdivision  shall  be  paid  to  the  commissioner  for
  deposit to the general fund. Fees assessed for termination of suspension
  as  provided  in paragraph (j-1) of this subdivision and collected by an
  administrative tribunal established under article two-A of this  chapter
  shall  be  paid  over  to  the  state  comptroller  to the credit of the
  indigent legal services fund established by  section  ninety-eight-b  of
  the state finance law.
    3.  Waiver  of  fee.  The  commissioner  may waive the payment of fees
  required by subdivision two of this section if the applicant:
    (i) is an inmate in an institution under the jurisdiction of  a  state
  department or agency, or
    (ii) is a victim of crime and the driver's license or learner's permit
  applied  for  is  a  replacement for one that was lost or destroyed as a
  result of the crime.
    4. Driver responsibility assessment. (a) Any  person  who  accumulates
  six  or  more  points  on  his  or her driving record for acts committed
  within an eighteen month period shall become liable  to  the  department
  for  payment  of  a driver responsibility assessment as provided in this
  subdivision.
    (b) The amount of the  driver  responsibility  assessment  under  this
  section  shall  be  one hundred dollars per year for a three-year period
  for the first  six  points  on  a  driver's  record  and  an  additional
  twenty-five  dollars per year for each additional point on such driver's
  record.
    (c) Upon receipt of evidence that a person is liable  for  the  driver
  responsibility assessment required by this subdivision, the commissioner
  shall  notify  such  person  by  first class mail to the address of such
  person on file with the department or at the current address provided by
  the United States postal service of the amount of such  assessment,  the
  time  and  manner  of making required payments, and that failure to make
  payment shall result in the suspension of his or her driver's license or
  privilege of obtaining a driver's license.
    (d) If a person shall fail to pay any driver responsibility assessment
  as provided in this subdivision, the  commissioner  shall  suspend  such
  person's  driver's  license  or  privilege  of obtaining a license. Such
  suspension shall remain in effect until any and all  outstanding  driver
  responsibility assessments have been paid in full.
    (e)  Any  completion  of  a  motor  vehicle accident prevention course
  approved pursuant to article twelve-B of this chapter shall not serve to
  reduce the calculation of points on a person's driving  record  for  the
  purposes of this section.
    (f)  Notwithstanding  any  other  provision  of  law  to the contrary,
  commencing April first, two thousand six and ending March  thirty-first,
  two  thousand  seven,  the  first  forty  million seven hundred thousand
  dollars of fees collected  pursuant  to  this  subdivision  and  section
  eleven  hundred  ninety-nine of this chapter, in the aggregate, shall be
  paid to the state comptroller who shall deposit such money in the  state
  treasury pursuant to section one hundred twenty-one of the state finance
  law to the credit of the general fund. Any such fees collected in excess
  of such amount shall be paid to the credit of the comptroller on account
  of  the  dedicated highway and bridge trust fund established pursuant to
  section eighty-nine-b of the state finance law. Commencing April  first,
  two  thousand  seven  and ending March thirty-first, two thousand eight,
  and for each such fiscal year thereafter, the first forty million  seven
  hundred  thousand dollars of fees collected pursuant to this subdivision
  and  section  eleven  hundred  ninety-nine  of  this  chapter,  in   the
  aggregate, shall be paid to the state comptroller who shall deposit such
  money  in  the state treasury pursuant to section one hundred twenty-one
  of the state finance law to the credit of the  general  fund.  Any  such
  fees collected in excess of such amount for each such state fiscal year,
  shall  be  paid  to  the  credit  of  the  comptroller on account of the
  dedicated highway and bridge trust fund established pursuant to  section
  eighty-nine-b of the state finance law.

  S 504. Form  of license. 1. (a) Every license or renewal thereof shall
  contain  a  distinguishing  mark  and  adequate  space  upon  which   an
  anatomical  gift,  pursuant  to  section  forty-three hundred ten of the
  public health law, by the licensee shall be recorded and  shall  contain
  such  other  information  and  shall  be  issued  in  such  form  as the
  commissioner  shall  determine;  provided,  however,  every  license  or
  renewal  thereof  issued  to  a person under the age of twenty-one years
  shall have prominently imprinted upon it the statement "UNDER  21  YEARS
  OF  AGE"  in  notably  distinctive  print  or  format; provided further,
  however, every license or renewal thereof issued to a person  making  an
  anatomical  gift  shall  have prominently printed upon the front of such
  license or renewal  thereof  the  statement  "ORGAN  DONOR"  in  notably
  distinctive print or format. The commissioner shall not require fees for
  the  issuance  of  such  licenses  or  renewals thereof to persons under
  twenty-one years of age or to persons making an  anatomical  gift  which
  are  different  from  the  fees required for the issuance of licenses or
  renewals thereof to persons twenty-one  years  of  age  or  over  or  to
  persons not making an anatomical gift.
    (a-1)  Every license or renewal thereof issued to an applicant who was
  a member of the armed forces  of  the  United  States  and  received  an
  honorable discharge or was released therefrom under honorable conditions
  shall,  upon  his  or  her  request and submission of proof as set forth
  herein, contain a distinguishing mark, in such form as the  commissioner
  shall  determine,  indicating  that  he  or she is a veteran. Such proof
  shall consist of a certificate of release or discharge from active  duty
  including  but  not limited to a DD Form 214 or other proof satisfactory
  to the commissioner. The commissioner shall not  require  fees  for  the
  issuance  of  such  licenses or renewals thereof to persons requesting a
  veteran notation which is different from fees otherwise required.
    (b) The commissioner may by regulation  provide  that  every  driver's
  license  contain  the  photo image of the licensee. The learner's permit
  may  also  contain  the  photo  image  of  the  permittee  pursuant   to
  regulations established by the commissioner.
    2.  Whenever  an  applicant  for  a  license  has successfully met the
  requirements for the issuance of a license, the license  issued  by  the
  commissioner  may  be a temporary license which shall be valid until the
  license provided in subdivision one of this section is issued  or  until
  forty-five  days  from  the  date  such  temporary  license  is  issued,
  whichever occurs first. The commissioner may in  his  discretion  extend
  the period of validity of such temporary license. Such temporary license
  shall be in such form as the commissioner shall determine.
    3.  Notwithstanding  any other provision of law, any photo image taken
  as part of the application  procedure  for  a  learner's  permit  or  an
  original,  duplicate, renewal or amended driver's license shall not be a
  public record.

   S 505. Duplicate  and amended licenses and permits; change of address.
  1. Lost, mutilated or destroyed license or permit. In the event  of  the
  loss,  mutilation  or  destruction  of any driver's license, or any part
  thereof, or  any  learner's  permit,  or  any  document  issued  by  the
  commissioner and required for the issuance of a license, the licensee or
  applicant may file with the commissioner proof of the facts with respect
  to such loss, mutilation or destruction together with the fee prescribed
  by  law. If the commissioner is satisfied that the applicant is entitled
  to a duplicate of such item, he shall issue a  duplicate  of  the  lost,
  mutilated  or  destroyed  item.  Any mutilated item shall be surrendered
  before a duplicate is issued. If a duplicate license or permit is issued
  because of a lost license or permit, and such lost license or permit  is
  later  recovered  by  the  licensee or permit holder, he shall surrender
  such recovered item to the commissioner for cancellation within ten days
  after recovery of such item.
    2. Change of class of license or addition of  class  to  license.  Any
  licensee  holding a license of one class who desires to obtain a license
  of another class or to add a different class or endorsement to a license
  may file an application with the commissioner together with the fee  for
  an  amended  license for the purpose of having such license amended. The
  commissioner may require such applicant to take any tests  required  for
  the  issuance  of  a  license  in  the  desired class.   Upon successful
  completion of any required tests and the surrender of the prior license,
  the commissioner shall issue such amended license.
    3. Removal of restriction. Any person  holding  a  license  containing
  restrictions  as  to  use, other than one imposed solely by statute, may
  file an application with the commissioner together with the fee  for  an
  amended  license for the purpose of having such restriction removed. The
  commissioner shall require such applicant to submit such information  or
  to  take  such  tests  as  he  deems  appropriate  with  respect to such
  restrictions. Upon  approval  of  such  information  or  the  successful
  completion  of  such  tests, and the surrender of the prior license, the
  commissioner shall issue an appropriate amended license.
    4. Amendment of license. Any person holding a license  which  contains
  any  error, other than a clerical error made by the issuing agency, with
  respect to the information contained thereon, except with respect to the
  address of such licensee, may file an application with the  commissioner
  together with the fee, if any, for an amended license to have such error
  corrected.  The  commissioner  shall require such person to submit proof
  acceptable to him with respect to the facts, and upon approval  of  such
  proof  and  the  surrender  of the prior license, the commissioner shall
  issue an appropriate amended license.
    5. Change of address. It shall be the duty of every licensee to notify
  the commissioner in writing of any change of residence of such  licensee
  within  ten days after such change occurs and to make a notation of such
  change of residence on  such  license  in  the  place  provided  by  the
  commissioner.
    6.  It  shall  be the duty of the commissioner to deliver to the state
  board of elections, at least semi-annually,  records,  in  a  format  as
  mutually  determined  by  both  agencies,  of  the names of all licensed
  drivers of voting age who have voluntarily surrendered  their  New  York
  state  drivers  licenses  in order to obtain a license in another state.
  Where feasible the department  of  motor  vehicles  shall  also  deliver
  records  of  the  names  of  all licensed drivers of voting age who have
  notified the department of a change of residence address.  Such  records
  shall be arranged by county of old residence and shall include the name,
  birth  date  and old residence address of each such licensee and the new
  residence address of each such person who  has  moved  within  New  York
  state.

   S 506. Reexamination   of   licensees.  1.  If  the  commissioner  has
  reasonable grounds to believe that a person  holding  a  license  issued
  pursuant  to this article is not qualified to drive a motor vehicle, the
  commissioner may require such person to  submit  to  an  examination  to
  determine his qualifications.
    2.  The commissioner may require every person holding a license issued
  pursuant to this article to submit to such an examination  as  shall  be
  determined  by him to be appropriate if such person has been involved in
  three accidents while driving a motor vehicle  or  motorcycle  within  a
  period  of  eighteen  months,  if  such  accidents  were  required to be
  reported by section six hundred five of this chapter.
    3. If the licensee satisfactorily  passes  any  such  examination,  he
  shall  be  so informed and his license shall continue to be valid. If he
  fails to pass, the commissioner shall take such reasonable action as may
  be required.  Such action may consist of imposing  restrictions  on  the
  use  of  the  license  of  such person, in suspending such license for a
  definite or indefinite period, or in revoking such license. If any  such
  person  fails  after  reasonable  notice  or  refuses  to  submit  to an
  examination, the commissioner may revoke his license or suspend  it  for
  an indefinite period solely because of such failure or refusal.
    4.  Any  person  holding a license issued pursuant to this chapter who
  suffers permanent loss of use of one or both hands or arms or of one  or
  both  feet or legs, or one eye shall, before operating any motor vehicle
  or motorcycle make report thereof to the commissioner,  who  shall  take
  such  reasonable  action  as  may be proper under the provisions of this
  section.
    5. Upon the permanent loss of use of both eyes a license issued  under
  this article shall be null and void.

  S 507. Miscellaneous  provisions. 1. Driver education. Notwithstanding
  any other provisions of this article, a class  D  or  class  M  license,
  whichever  is  appropriate,  may be issued to a minor seventeen years of
  age who has successfully completed a driver education course approved by
  the state education department and the commissioner in a high school  or
  college  and  who has submitted proof of completion of the minimum hours
  of supervised driving as required in paragraph (d) of subdivision two of
  section five hundred two of  this  article.  No  such  driver  education
  course may be approved unless classroom training is provided by a person
  approved  by  the  state  education  department  and  the  commissioner.
  However, a school district  may  contract  with  one  or  more  licensed
  drivers'  schools  to  provide  behind  the  wheel training, pursuant to
  regulations promulgated by  the  commissioner.  The  commissioner  shall
  prescribe  the  requirements  for  licensing  of  such minors. A student
  enrolled in such an approved driver education course may operate a motor
  vehicle without holding a driver's license or a learner's  permit  while
  under  the  immediate  supervision  of an instructor in such course or a
  driver's school instructor providing behind the wheel training in such a
  course,  provided  such  operation  is  in  accordance  with  the  rules
  established   by   the  commissioner.  Every  student  who  successfully
  completes such course in a day, evening or summer school program offered
  by a public or  private  school  shall  receive  certification  of  such
  completion on a certificate prescribed by the commissioner.
    2.  Failure  to  exhibit  license.  Failure by a licensee to exhibit a
  license valid for operation under this chapter to any magistrate,  motor
  vehicle  license  examiner,  motor  vehicle investigator, peace officer,
  acting pursuant to his  special  duties,  or  police  officer  shall  be
  presumptive evidence that he is not duly licensed.
    4.  Entry  into  military  service.  If any person who enters military
  service shall fail to give timely notification in writing of such  entry
  to  the commissioner, the commissioner may, in his discretion, refuse to
  renew such person's driver's license, if such license is  not  otherwise
  renewable under the provisions of this article.
    5.  Road  tests.  A  motor  vehicle  license  examiner  or other agent
  designated by the commissioner, while engaged in conducting a road  test
  is  not deemed to be a supervising or an accompanying driver in relation
  to the applicant being tested.

   S 508. Administrative  procedures.  1.  The commissioner shall appoint
  agents  to  act  in  his  behalf  with  respect  to  the  acceptance  of
  applications and the issuance of licenses and permits prescribed in this
  article,  and he may prescribe the internal procedures to be followed by
  such agents with respect to such matters.
    2. Any application required to be filed under this article shall be in
  a manner and on a form or forms  prescribed  by  the  commissioner.  The
  applicant  shall  furnish  all  information required by statute and such
  other information as the commissioner shall deem appropriate.
    3. License record. The commissioner  shall  keep  a  record  of  every
  license  issued  which  record shall be open to public inspection during
  reasonable business hours. Neither the commissioner nor his agent  shall
  be  required  to allow the inspection of an application, or to furnish a
  copy thereof, or information therefrom, until a license has been  issued
  thereon.
    4.  The  commissioner  may  promulgate regulations with respect to the
  administration of the provisions of this article.
    5. The commissioner is directed to  develop  license  application  and
  renewal  forms  which shall solicit a voluntary one dollar donation from
  persons applying for or renewing a driver's license at the time of  such
  application   or   renewal.   Of   monies  collected  pursuant  to  this
  subdivision, the first one  hundred  fifty  thousand  dollars  shall  be
  retained  by  the  department  to  offset  its  initial  program  costs.
  Subsequently, five percent of any  monies  collected  pursuant  to  this
  subdivision   shall   be  retained  by  the  department  for  continuing
  administrative costs. The remainder of such monies collected pursuant to
  this subdivision shall be deposited in the life pass it  on  trust  fund
  established  pursuant to section ninety-five-d of the state finance law,
  as added by chapter four hundred fifteen of the  laws  of  two  thousand
  three.

  S 509. Violations.  1.  Except  while operating a motor vehicle during
  the course of a road test conducted pursuant to the provisions  of  this
  article,  no person shall operate or drive a motor vehicle upon a public
  highway of this state or upon  any  sidewalk  or  to  or  from  any  lot
  adjacent to a public garage, supermarket, shopping center or car washing
  establishment  or  to  or  from  or  into a public garage or car washing
  establishment unless he is duly licensed pursuant to the  provisions  of
  this chapter.
    1-a.  Whenever  a  license  is  required to operate a commercial motor
  vehicle, no person shall operate a commercial motor vehicle without  the
  proper  endorsements  for the specific vehicle being operated or for the
  passengers or type of cargo being transported.
    2. Whenever a license is required  to  operate  a  motor  vehicle,  no
  person  shall operate a motor vehicle unless he is the holder of a class
  of license which is valid for the operation of such vehicle.
    3. Whenever a permit  or  license  is  required  to  operate  a  motor
  vehicle,  no  person shall operate any motor vehicle in violation of any
  restriction contained on, or applicable to, the permit or license.
    4. No person shall knowingly authorize or permit a motor vehicle owned
  by him or in his charge to be operated in violation of subdivisions one,
  two or three of this section.
    5. No person shall hold more than one unexpired license issued by  the
  commissioner  at any one time. The holding of a license of one class and
  a learner's permit for another class at  the  same  time  shall  not  be
  deemed a violation of this subdivision.
    6.  No  licensee  shall voluntarily permit any other person to use his
  license, nor shall any person at any time possess  or  use  any  forged,
  fictitious  or  illegally obtained license, or use any license belonging
  to another person.
    7-a.  No person shall operate a commercial motor vehicle while knowing
  or having reason to know that he or she is not medically  certified,  as
  required,   in   accordance   with  the  federal  motor  carrier  safety
  improvement act of 1999 and Part 383.71(h) of title 49 of  the  code  of
  federal regulations.
    7. No person shall operate a commercial motor vehicle without being in
  possession of the  appropriate  license  for  the  motor  vehicle  being
  operated.
    8.  No  licensee shall fail to notify the commissioner in writing of a
  change of residence as required by this article.
    9. Whenever notice of disability  is  required  to  be  given  to  the
  commissioner  as  required  by this article, no person shall operate any
  motor vehicle until such notice has been given.
    10.  No  person  shall  hold  an  unexpired  license  issued  by   the
  commissioner  while  holding  a  driver's  license  issued  by any other
  jurisdiction. This prohibition shall not apply to any license  which  by
  its  terms  is valid only within the jurisdiction of issuance. Nor shall
  it apply if such person has informed the commissioner of  such  multiple
  licenses  and  the  commissioner has determined that it is necessary for
  such person to hold more than one license to comply  with  the  laws  of
  each  of  the  jurisdictions  in  which  such  licenses were issued. The
  foregoing exceptions shall not  be  applicable  to  commercial  driver's
  licenses after December thirty-first, nineteen hundred eighty-nine.
    11.  A  violation of any provision of this section shall be punishable
  by a fine of not less than seventy-five  nor  more  than  three  hundred
  dollars,  or  by imprisonment for not more than fifteen days, or by both
  such fine and imprisonment except, if the violation consists of  failure
  to  renew a license which was valid within sixty days, the fine shall be
  not more than forty dollars, and except that a violation of  subdivision
  seven or eight of this section shall be punishable by a fine of not more
  than seventy-five dollars.
    12.  A  violation  of  subdivision  two  of this section involving the
  operation for hire of any vehicle as a taxicab,  livery  as  defined  in
  section  one hundred twenty-one-e of this chapter, coach, limousine, van
  or wheelchair accessible van or tow truck within the state  without  the
  appropriate  license therefor, shall be punishable by a fine of not less
  than two hundred twenty-five dollars nor more than  four  hundred  fifty
  dollars.   A  person  who  operates  a  vehicle  for  hire  without  the
  appropriate license therefor pursuant to subdivision two of this section
  after having been convicted of such a  violation  within  the  preceding
  five  years  shall  be punished by a fine of not less than three hundred
  seventy-five dollars nor more than seven hundred fifty dollars. A person
  who operates a vehicle for hire without the appropriate license therefor
  pursuant to subdivision two of this section after having been  convicted
  two  or  more  times  of such a violation within the preceding ten years
  shall be punished by a fine of not less than seven hundred fifty dollars
  nor more than one thousand five hundred dollars.

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