§ 501 — Drivers' licenses and learners' permits

§ 501. Drivers' licenses and learners' permits. 1. The commissioner\nshall issue classified drivers' licenses as provided in this article.\nAny such license shall be valid only for the operation of the type of\nvehicles specified for each such class of license but shall not be valid\nfor the operation of any type of vehicle for which an endorsement is\nrequired by this section or regulations promulgated hereunder unless the\nlicense contains such endorsement and shall be subject to any\nrestrictions contained thereon.\n 2. Driver license classifications, endorsements and restrictions and\nexceptions. (a) License classifications. (i) Class A. Such license shall\nbe valid to operate any motor vehicle or any combination of vehicles\nexcept it shall not be valid to operate a motorcycle other than a class\nB or C limited use motorcycle.\n (ii) Class B. Such license shall be valid to operate any vehicle or\ncombination of vehicles which may be operated with a class E license and\nshall be valid to operate any motor vehicle or any such vehicle, other\nthan a tractor, towing a vehicle having a GVWR of not more than ten\nthousand pounds and shall be valid to operate any altered motor vehicle\ncommonly referred to as a "stretch limousine" having a seating capacity\nof nine or more passengers including the driver except it shall not be\nvalid to operate a motorcycle other than a class B or C limited use\nmotorcycle.\n (iii) Class C. Such license shall be valid to operate any vehicle or\ncombination of vehicles which may be operated with a class E license and\nshall be valid to operate any motor vehicle with a GVWR of not more than\ntwenty-six thousand pounds and any such vehicle towing another vehicle\nwith a GVWR of not more than ten thousand pounds except it shall not be\nvalid to operate a tractor or a motorcycle other than a class B or C\nlimited use motorcycle.\n (iv) Class D. Such license shall be valid to operate any passenger or\nlimited use automobile or any truck with a GVWR of not more than\ntwenty-six thousand pounds or any such vehicle towing a vehicle with a\nGVWR of not more than ten thousand pounds, or any such vehicle towing\nanother vehicle with a GVWR of more than ten thousand pounds provided\nsuch combination of vehicles has a GCWR of not more than twenty-six\nthousand pounds, or any personal use vehicle with a GVWR of not more\nthan twenty-six thousand pounds or any such vehicle towing a vehicle\nwith a GVWR of not more than ten thousand pounds, except it shall not be\nvalid to operate a tractor, a motorcycle other than a class B or C\nlimited use motorcycle, a vehicle used to transport passengers for hire\nor for which a hazardous materials endorsement is required, or a vehicle\ndefined as a bus in subdivision one of section five hundred nine-a of\nthis title. Such license also shall be valid to operate a three-wheeled\nmotor vehicle that has two wheels situated in the front and one wheel in\nthe rear, has a steering mechanism and seating which does not require\nthe operator to straddle or sit astride, is equipped with safety belts\nfor all occupants and is manufactured to comply with federal motor\nvehicle safety standards for motorcycles including, but not limited to,\n49 C.F.R. part 571.\n (v) Class E. Such license shall be valid to operate only vehicles\nwhich may be operated with a class D license, except that in addition it\nshall be valid to operate any such motor vehicle, other than a vehicle\ndefined as a bus in subdivision one of section five hundred nine-a of\nthis chapter, used to transport up to fourteen passengers for hire and\nother than an altered motor vehicle commonly referred to as a "stretch\nlimousine" having a seating capacity of nine or more passengers\nincluding the driver.\n (vi) Class DJ. Such license shall be valid to operate only vehicles\nwhich may be operated with a class D license by a person under eighteen\nyears of age, except it shall not be valid to operate a motor vehicle\nwith an unladen weight or a GVWR of more than ten thousand pounds or any\nmotor vehicle towing another vehicle with an unladen weight or GVWR of\nmore than three thousand pounds. Such license shall automatically become\na class D license when the holder becomes eighteen years of age.\n (vii) Class M. Such license shall be valid to operate any motorcycle,\nor any motorcycle, other than a limited use motorcycle, towing a\ntrailer. Such license also shall be valid to operate a three-wheeled\nmotor vehicle that has two wheels situated in the front and one wheel in\nthe rear, has a steering mechanism and seating which does not require\nthe operator to straddle or sit astride, is equipped with safety belts\nfor all occupants and is manufactured to comply with federal motor\nvehicle safety standards for motorcycles including, but not limited to,\n49 C.F.R. part 571.\n (viii) Class MJ. Such license shall be valid to operate any motorcycle\nor limited use motorcycle by a person under eighteen years of age. Such\nlicense shall automatically become a class M license when the holder\nbecomes eighteen years of age.\n (b) Endorsements. The following endorsements shall be required to\noperate vehicles as set forth herein. In addition the commissioner by\nregulation may provide for further endorsements.\n (i) T endorsement. Shall be required to operate double and triple\ntrailers.\n (ii) H endorsement. Shall be required to transport hazardous materials\nas defined in section one hundred three of the hazardous materials\ntransportation act, public law 93-633, title I, when the vehicle\ntransporting such materials is required to be placarded under the\nhazardous materials regulation, 49 CFR part 172, subpart F or is\ntransporting any quantity of material listed as a select agent or toxin\nin 42 CFR part 73. An applicant for a commercial driver's license in\nthis state who wishes to transport hazardous materials must obtain a New\nYork state hazardous materials endorsement even if such applicant holds\na valid hazardous materials endorsement issued by another state. A farm\nvehicle shall be exempt from the requirement for such endorsement when\ntransporting hazardous materials within one hundred fifty miles of the\nperson's farm. However, a separate non-commercial endorsement shall be\nrequired for such exempted transportation. In order to obtain such\nendorsement, the license holder must submit fingerprints for purposes of\na criminal history record check pursuant to subdivision six of this\nsection.\n (iii) N endorsement. Shall be required to operate tank vehicles.\n (iv) P endorsement. Shall be required to operate a bus as defined in\nsections one hundred four and five hundred nine-a of this chapter, any\naltered motor vehicle commonly referred to as a "stretch limousine"\nhaving a seating capacity of nine or more passengers including the\ndriver or any motor vehicle with a gross vehicle weight or gross vehicle\nweight rating of more than twenty-six thousand pounds which is designed\nto transport passengers in commerce. For the purposes of this\nsubparagraph the gross vehicle weight of a vehicle shall mean the actual\nweight of the vehicle and the load.\n (v) X endorsement. Shall be an endorsement combining H and N\nendorsements.\n (vii) Personal use vehicle endorsement. Shall be required to operate a\npersonal use vehicle or a combination of personal use vehicles which may\nnot be operated with a class C, D or E license. The identification and\nscope of any such endorsement or endorsements shall be as prescribed by\nregulation of the commissioner, but no such endorsement shall permit the\noperation of a rental truck towing a vehicle with a GVWR of more than\nten thousand pounds.\n (viii) W endorsement. Shall be required to operate a tow truck.\n (ix) Metal coil endorsement. Shall be required to operate any\ncommercial motor vehicle, as defined in subdivision four of section five\nhundred one-a of this article, carrying metal coils. The identification\nand scope of such endorsement shall be as prescribed by regulation of\nthe commissioner.\n (x) S endorsement. Shall be required to operate a school bus, as\ndefined in section one hundred forty-two of this chapter, which is\ndesigned or used to transport fifteen or more passengers.\n (c) Restrictions. Notwithstanding the foregoing provisions of this\nsubdivision, the operation of vehicles may be limited by a restriction\nor restrictions placed on a license. The following restrictions may be\nissued by the commissioner based upon the representative vehicle in\nwhich the road test was taken, or if the license is issued based on\ndriving experience, the vehicle in which the experience was gained. In\naddition, the commissioner may by regulation provide for additional\nrestrictions based upon other types of vehicles or other factors deemed\nappropriate by the commissioner.\n (i) A restriction prohibiting the operation of a vehicle with air\nbrakes.\n (ii) A restriction limiting the operation of a combination of vehicles\nto truck-trailer combinations.\n (iii) A restriction limiting operation to vehicles of not more than a\nspecified GVWR.\n (d) Exceptions. (i) Notwithstanding the foregoing provisions of this\nsubdivision, a motor vehicle or combination of vehicles, other than a\nmotorcycle, that is (A) a military vehicle operated by a member of the\narmed forces, or (B) a police vehicle or fire vehicle during its use in\nan emergency operation as defined in section one hundred fourteen-b of\nthis chapter, or in the performance of official duties, or activities\nrelated to the execution of emergency governmental functions pursuant to\nsection 383.3 (d)(2) of title 49 of the code of federal regulations, or\n(C) a vehicle owned and identified as being owned by the state or a\npolitical subdivision thereof or an ambulance service as defined in\nsubdivision two of section three thousand one of the public health law\nor a voluntary ambulance service as defined in subdivision three of such\nsection and used to provide emergency medical service as defined in\nsection three thousand one of the public health law, or to perform\nofficial duties, or activities related to the execution of emergency\ngovernmental functions pursuant to section 383.3 (d)(2) of title 49 of\nthe code of federal regulations, may be operated with any class license\nother than a class DJ, M or MJ license. For the purposes of this\nparagraph the term "member of the armed forces" shall include active\nduty military personnel; members of the reserve components of the armed\nforces; members of the national guard on active duty, including\npersonnel on full time active guard duty, personnel on part-time\nnational guard training, and national guard military technicians\n(civilians who are required to wear military uniforms); and active duty\nUnited States coast guard personnel. The term shall not include United\nStates reserve technicians. Notwithstanding the provisions of section\none hundred fourteen-b of this chapter, for the purposes of this\nsubparagraph, the term "emergency operation" shall include returning\nfrom emergency service.\n (ii) Notwithstanding the foregoing provisions of this subdivision, a\nmotor vehicle or combination of vehicles which is designed and primarily\nused for purposes other than the transportation of persons or property\nwhich is excluded from the definition of commercial motor vehicle\npursuant to the provisions of subparagraph (iv) of paragraph (a) of\nsubdivision four of section five hundred one-a of this chapter may be\noperated with any class license other than a class DJ, M or MJ license.\n 3. Restrictions on use of class DJ and class MJ licenses. A class DJ\nor class MJ license shall permit the holder to operate a vehicle in\naccordance with the following restrictions:\n (a) in the counties of Nassau and Suffolk:\n (i) for the purpose of driving to and from a state-approved\ncooperative work-study educational program, or to or from an approved\nprogram for credit in a post-secondary institution, or to or from a\nstate-approved registered evening high school or while engaged in farm\nemployment, or to or from an approved driver education course; or\n (ii) from five o'clock in the morning to nine o'clock in the evening,\nto and from a place of business where the holder is regularly employed,\nor when accompanied by a duly licensed parent, guardian, person in a\nposition of loco parentis, driver education teacher, or driving school\ninstructor.\n (b) in all other areas of the state, except for the city of New York:\n (i) from five o'clock in the morning to nine o'clock in the evening;\nor\n (ii) from nine o'clock in the evening to five o'clock in the morning\nwhen going to or from school, or to or from a place of business where\nthe holder is employed on a regularly scheduled basis, or when\naccompanied by a duly licensed parent, guardian or one in a position of\nloco parentis to the licensee.\n (c) in the city of New York, driving shall be prohibited.\n (d) for the purpose of this subdivision, the term "school" shall mean\ninstruction, education or training licensed or approved by a department\nor agency of the state or training conducted by the armed forces of the\nUnited States except it shall not include extra-curricular activities or\nsocial events for which scholastic credits are not given.\n (e) any person operating a motor vehicle to or from school or to or\nfrom a place of business as authorized by this subdivision must possess\ndocumentation signed by such person's instructor or employer. The\ncommissioner shall, by regulation, prescribe the form and content of\nsuch documentation.\n 4. Probationary licenses. Any driver's license, other than a class DJ\nand class MJ license, shall be considered probationary until the\nexpiration of six months following the date of issuance thereof, and\nthereafter as provided in section five hundred ten-b of this title, but\nthis subdivision shall not apply to renewals of a license, or, unless so\nprovided by the commissioner, to a license for which a road test has\nbeen waived by the commissioner.\n 5. Learners' permits. (a) The commissioner shall issue learner's\npermits as provided in this article. Such permit shall be valid only\n (i) for the operation of a motor vehicle of a type which could be\noperated by the holder of the class of license for which application is\nbeing made;\n (ii) when the holder is under the immediate supervision and control of\na person at least twenty-one years of age who holds a license valid in\nthis state for the operation of the type of vehicle being operated; and\n (iii) in accordance with any additional restrictions prescribed by the\ncommissioner and noted on such permit.\n (b) In addition to the restrictions contained in paragraph (a) of this\nsubdivision, a learner's permit issued to a person applying for a class\nDJ or class MJ license shall be subject to the restrictions contained in\nsection five hundred one-b of this article and shall not be valid for\nthe operation of any motor vehicle:\n (i) within the city of New York, except that the holder of such permit\nmay operate a motor vehicle within the city of New York from five\no'clock in the morning to nine o'clock in the evening when such person\nis under the immediate supervision and control of a person at least\ntwenty-one years of age who is such holder's parent, guardian, person in\na position of loco parentis, driver education teacher for the purpose of\ncertification pursuant to section eight hundred six-a of the education\nlaw or driving school instructor for the purpose of certification\npursuant to subdivision seven-a of section three hundred ninety-four of\nthis chapter and such vehicle is equipped with dual controls as\nprescribed by the commissioner;\n (ii) in the counties of Nassau and Suffolk, except that the holder of\nsuch permit may operate a motor vehicle within the counties of Nassau\nand Suffolk from five o'clock in the morning to nine o'clock in the\nevening when such person is under the immediate supervision and control\nof a person at least twenty-one years of age who is such holder's\nlicensed parent, guardian, person in a position of loco parentis, driver\neducation teacher for the purpose of certification pursuant to section\neight hundred six-a of the education law, or driving school instructor\nfor the purpose of certification pursuant to subdivision seven-a of\nsection three hundred ninety-four of this chapter, or a person at least\ntwenty-one years of age who holds a license valid in this state for the\noperation of the type of vehicle being operated, for the purpose of\ncertification pursuant to subdivision two of section five hundred two of\nthis article, and who has been designated by such holder's parent,\nguardian or person in a position of loco parentis to accompany such\nholder, as evidenced by a written statement to that effect;\n (iii) from nine o'clock in the evening to five o'clock in the morning,\nunless the holder of such permit is under the immediate supervision and\ncontrol of a person at least twenty-one years of age who is such\nholder's licensed parent, guardian, person in a position of loco\nparentis, driver education teacher for the purpose of certification\npursuant to section eight hundred six-a of the education law, or driving\nschool instructor for the purpose of certification pursuant to\nsubdivision seven-a of section three hundred ninety-four of this\nchapter.\n (c) The restrictions contained in paragraphs (a) and (b) of this\nsubdivision shall apply to a learner's permit which has been issued to a\nperson who has made application for a class M or class MJ license,\nexcept that the required supervising driver need exercise only general\nsupervision and control over the learner as prescribed by regulation of\nthe commissioner when the learner is operating a motorcycle, provided,\nhowever, a person who possesses a learner's permit and who has made\napplication for a class M or class MJ license, shall not operate a\nmotorcycle while there is another person on such motorcycle unless such\nother person possesses a valid class M license.\n 6. H endorsement criminal history record check. Upon receipt of an\napplication and completion of all other requirements imposed by the\ncommissioner for an H endorsement to permit the operator to transport\nhazardous materials as defined in section one hundred three of the\nhazardous materials transportation act, public law 93-633, title I, when\nthe vehicle transporting such materials is required to be placarded\nunder the hazardous materials regulation, 49 CFR part 172, subpart F, or\nis transporting any quantity of material listed as a select agent or\ntoxin in 42 CFR part 73, the commissioner, subject to the rules and\nregulations of the division of criminal justice services, shall initiate\na criminal history record check of the person making the application.\nThe commissioner shall obtain from each applicant two sets of\nfingerprints and the division of criminal justice services processing\nfee imposed pursuant to subdivision eight-a of section eight hundred\nthirty-seven of the executive law and any fee imposed by the federal\nbureau of investigation. The commissioner shall promptly transmit such\nfingerprints and fees to the division of criminal justice services for\nprocessing. The federal bureau of investigation and the division of\ncriminal justice services shall forward such criminal history record, if\nany, to the commissioner. All such criminal history records processed\nand sent pursuant to this section shall be confidential pursuant to the\napplicable federal and state laws, rules and regulations, and shall not\nbe published or in any way disclosed to persons other than authorized\npersonnel, unless otherwise authorized by law. No cause of action\nagainst the commissioner, the department or the division of criminal\njustice services for damages related to the dissemination of criminal\nhistory records pursuant to this section shall exist when the\ncommissioner, department or division of criminal justice services has\nreasonably and in good faith relied upon the accuracy and completeness\nof criminal history information furnished to it by qualified agencies.\nThe provision of such information by the division of criminal justice\nservices shall be subject to the provisions of subdivision sixteen of\nsection two hundred ninety-six of the executive law. The consideration\nof such criminal history record by the commissioner shall be subject to\narticle twenty-three-A of the correction law. The commissioner shall\nreview such criminal history record for a conviction within the previous\nten years for: (i) any violent felony offense, as defined in section\n70.02 of the penal law; or (ii) any felony defined in article one\nhundred twenty, one hundred twenty-five, one hundred thirty, one hundred\nthirty-five, one hundred forty, one hundred forty-five, one hundred\nfifty, one hundred fifty-five, one hundred sixty, one hundred seventy,\none hundred seventy-five, two hundred, two hundred ten, two hundred\ntwenty, two hundred twenty-one, two hundred forty, two hundred\nsixty-five, four hundred sixty, four hundred seventy, four hundred\neighty-five, or four hundred ninety of the penal law or section\nfifty-three-e of the railroad law; or (iii) any offense in another\njurisdiction which includes all of the essential elements of such\noffenses described in paragraphs (i) and (ii) of this subdivision and\nfor which a sentence of imprisonment for more than one year was\nauthorized in the other jurisdiction and is authorized in this state,\nregardless of whether such sentence was imposed; or any of the following\nfederal offenses: improper transportation of a hazardous material, as\ndefined in 49 U.S.C. 46312, conveying false information or threats, as\ndefined in 49 U.S.C. 46507, espionage, as defined in 18 U.S.C. 793, 794\nor 3077, sedition, as defined in 18 U.S.C. 2384, 2385 or section 4 of\nthe subversive activities control act of 1950, treason, as defined in 18\nU.S.C. 2381 or conspiracy or solicitation, as defined in 18 U.S.C. 371\nor 373; or (iv) an attempt or conspiracy to commit any of the offenses\nspecified in paragraphs (i), (ii), or (iii) of this subdivision. In\ncalculating such ten year period, any period of time during which the\nperson was incarcerated for any reason between the time of commission of\nthe previous felony and the time of commission of the present felony\nshall be excluded and such ten year period shall be extended by a period\nor periods equal to the time served under such incarceration. After\nreceipt of a criminal history record from the division of criminal\njustice services, if any, and review of such record, the commissioner\nshall promptly notify the applicant whether he or she will be granted an\nH endorsement based upon the applicant's criminal history and promptly\nnotify such applicant of the determination and the procedure for\nrequesting a hearing pursuant to this subdivision. If the commissioner\ndenies an applicant an H endorsement based either in whole or in part on\nsuch applicant's criminal record, the commissioner must notify such\napplicant of the basis for such denial, and afford such applicant notice\nand an opportunity to be heard and offer proof in opposition to such\ndetermination. If the applicant requests a hearing to contest the\ncommissioner's determination, such hearing must be requested no later\nthan thirty days after the applicant's receipt of the determination and\nmust be scheduled by the commissioner within sixty days of such request.\nUpon request and pursuant to the rules and regulations of the division\nof criminal justice services, any applicant may obtain, review and seek\ncorrection of his or her criminal history record.\n