New York State Law
Vehicle and Traffic Law
Consolidated Laws of New York's VTL code
Article 19 - NY Vehicle and Traffic Law
LICENSING OF DRIVERS
| Section | Description |
|---|---|
| 501 | Drivers' licenses and learners' permits. |
| 501-a | Definitions. |
| 501-b | Additional restrictions on certain learners' permits and drivers' licenses. |
| 502 | Requirements for licensing. |
| 502-a | Determination of weights applicable to license requirements. |
| 503 | Period of validity of drivers'licenses, learners' permits and applications; required fees. |
| 504 | Form of license. |
| 505 | Duplicate and amended licenses and permits; change of address. |
| 506 | Reexamination of licensees. |
| 507 | Miscellaneous provisions. |
| 508 | Administrative procedures. |
| 509 | Violations. |
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, 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 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 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. 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 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. (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. Top of Page
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