§ 502 — Requirements for licensing

New York § 502

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 5: Drivers' Licenses
• Art. 19: Licensing of Drivers

Text

§ 502. Requirements for licensing. * 1. Application for license.\nApplication for a driver's license shall be made to the commissioner.\nThe fee prescribed by law may be submitted with such application. The\napplicant shall furnish such proof of identity, age, and fitness as may\nbe required by the commissioner. With respect to a non-commercial\ndriver's license or learner's permit which does not meet federal\nstandards for identification, in addition to the acceptable proofs of\nage and identity approved by the commissioner as of January first, two\nthousand nineteen, acceptable proof of identity shall also include, but\nnot be limited to, a valid, unexpired foreign passport issued by the\napplicant's country of citizenship (which shall also be eligible as\nproof of age), a valid, unexpired consular identification document\nissued by a consulate from the applicant's country of citizenship, or a\nvalid foreign driver's license that includes a photo image of the\napplicant and which is unexpired or expired for less than twenty-four\nmonths of its date of expiration, as primary forms of such proof.\nNothing contained in this subdivision shall be deemed to preclude the\ncommissioner from approving additional proofs of identity and age. The\nlicense shall display the sex designation of M, F, or X as certified by\nthe applicant, with no additional documentation required. The applicant\nmay amend the sex designation of their driver's license upon request.\nUpon amendment of the sex designation, the change shall be made\nconsistent through all affiliated records within the control of the\ndepartment. The commissioner may also provide that the application\nprocedure shall include the taking of a photo image or images of the\napplicant in accordance with rules and regulations prescribed by the\ncommissioner. In addition, the commissioner also shall require that the\napplicant provide such applicant's social security number or, in lieu\nthereof, with respect to an application for a non-commercial driver's\nlicense or learner's permit which does not meet federal standards for\nidentification, an affidavit signed by such applicant that they have not\nbeen issued a social security number. The commissioner also shall\nprovide space on the application so that the applicant may request a\nnotation upon such license that such applicant is a veteran of the\nUnited States armed forces, and space on the application so that the\napplicant may request a notation upon such license that he or she is a\nveteran of the United States armed forces, and space on the application\nso that the applicant may register in the New York state organ and\ntissue donor registry under section forty-three hundred ten of the\npublic health law with the following stated on the application in clear\nand conspicuous type:\n "You must fill out the following section: Would you like to be added\nto the Donate Life Registry? Check box for 'yes' or 'skip this\nquestion'."\n The commissioner of health shall not maintain records of any person\nwho checks "skip this question". Except where the application is made in\nperson or electronically, failure to check a box shall not impair the\nvalidity of an application, and failure to check "yes" or checking "skip\nthis question" shall not be construed to imply a wish not to donate. In\nthe case of an applicant under eighteen years of age, checking "yes"\nshall not constitute consent to make an anatomical gift or registration\nin the donate life registry, except as otherwise provided pursuant to\nthe provisions of paragraph (b) of subdivision one of section\nforty-three hundred one of the public health law. Where an applicant has\npreviously consented to make an anatomical gift or registered in the\ndonate life registry, checking "skip this question" or failing to check\na box shall not impair that consent or registration. In addition, an\napplicant for a commercial driver's license who will operate a\ncommercial motor vehicle in interstate commerce shall certify that such\napplicant meets the requirements to operate a commercial motor vehicle,\nas set forth in public law 99-570, title XII, and title 49 of the code\nof federal regulations, and all regulations promulgated by the United\nStates secretary of transportation under the hazardous materials\ntransportation act. In addition, an applicant for a commercial driver's\nlicense shall submit a medical certificate at such intervals as required\nby the federal motor carrier safety improvement act of 1999 and Part\n383.71(h) of title 49 of the code of federal regulations relating to\nmedical certification and in a manner prescribed by the commissioner.\nFor purposes of this section and sections five hundred three, five\nhundred ten-a, and five hundred ten-aa of this title, the terms "medical\ncertificate" and "medical certification" shall mean a form substantially\nin compliance with the form set forth in Part 391.43(h) of title 49 of\nthe code of federal regulations. Upon a determination that the holder of\na commercial driver's license has made any false statement, with respect\nto the application for such license, the commissioner shall revoke such\nlicense.\n * NB Effective until January 1, 2028\n * 1. Application for license. Application for a driver's license shall\nbe made to the commissioner. The fee prescribed by law may be submitted\nwith such application. The applicant shall furnish such proof of\nidentity, age, and fitness as may be required by the commissioner. With\nrespect to a non-commercial driver's license or learner's permit which\ndoes not meet federal standards for identification, in addition to the\nacceptable proofs of age and identity approved by the commissioner as of\nJanuary first, two thousand nineteen, acceptable proof of identity shall\nalso include, but not be limited to, a valid, unexpired foreign passport\nissued by the applicant's country of citizenship (which shall also be\neligible as proof of age), a valid, unexpired consular identification\ndocument issued by a consulate from the applicant's country of\ncitizenship, or a valid foreign driver's license that includes a photo\nimage of the applicant and which is unexpired or expired for less than\ntwenty-four months of its date of expiration, as primary forms of such\nproof. Nothing contained in this subdivision shall be deemed to preclude\nthe commissioner from approving additional proofs of identity and age.\nThe license shall display the sex designation of M, F, or X as certified\nby the applicant, with no additional documentation required. The\napplicant may amend the sex designation of their driver's license upon\nrequest. Upon amendment of the sex designation, the change shall be made\nconsistent through all affiliated records within the control of the\ndepartment. The commissioner may also provide that the application\nprocedure shall include the taking of a photo image or images of the\napplicant in accordance with rules and regulations prescribed by the\ncommissioner. In addition, the commissioner also shall require that the\napplicant provide such applicant's social security number or, in lieu\nthereof, with respect to an application for a non-commercial driver's\nlicense or learner's permit which does not meet federal standards for\nidentification, an affidavit signed by such applicant that they have not\nbeen issued a social security number. The commissioner also shall\nprovide space on the application so that the applicant may request a\nnotation upon such license that such applicant is a veteran of the\nUnited States armed forces, and space on the application so that the\napplicant may request a notation upon such license that such person is a\nveteran of the United States armed forces, and space on the application\nso that the applicant may register in the New York state organ and\ntissue donor registry under section forty-three hundred ten of the\npublic health law with the following stated on the application in clear\nand conspicuous type:\n "You must fill out the following section: Would you like to be added\nto the Donate Life Registry? Check box for 'yes' or 'skip this\nquestion'."\n The commissioner of health shall not maintain records of any person\nwho checks "skip this question". Except where the application is made in\nperson or electronically, failure to check a box shall not impair the\nvalidity of an application, and failure to check "yes" or checking "skip\nthis question" shall not be construed to imply a wish not to donate. In\nthe case of an applicant under eighteen years of age, checking "yes"\nshall not constitute consent to make an anatomical gift or registration\nin the donate life registry, except as otherwise provided pursuant to\nthe provisions of paragraph (b) of subdivision one of section\nforty-three hundred one of the public health law. Where an applicant has\npreviously consented to make an anatomical gift or registered in the\ndonate life registry, checking "skip this question" or failing to check\na box shall not impair that consent or registration. Additionally, the\ncommissioner shall ensure that space is provided on the application for\na driver's license or renewal thereof to advise applicants of the\nexistence of the C.W. Bill Young Cell Transplantation Program\nestablished in 42 U.S.C. Section 274k or the national marrow donor\nprogram ("registry operator") and to allow for applicants to consent to\nsharing their information with the registry operator for the purposes of\nreceiving information from the registry operator about enrolling as a\npotential volunteer bone marrow or blood cell donor on the national\nregistry. Such information related to the consenting applicant shared\nwith the registry operator shall be limited to first and last name, date\nof birth, email address, and physical address. In addition, an applicant\nfor a commercial driver's license who will operate a commercial motor\nvehicle in interstate commerce shall certify that such applicant meets\nthe requirements to operate a commercial motor vehicle, as set forth in\npublic law 99-570, title XII, and title 49 of the code of federal\nregulations, and all regulations promulgated by the United States\nsecretary of transportation under the hazardous materials transportation\nact. In addition, an applicant for a commercial driver's license shall\nsubmit a medical certificate at such intervals as required by the\nfederal motor carrier safety improvement act of 1999 and Part 383.71(h)\nof title 49 of the code of federal regulations relating to medical\ncertification and in a manner prescribed by the commissioner. For\npurposes of this section and sections five hundred three, five hundred\nten-a, and five hundred ten-aa of this title, the terms "medical\ncertificate" and "medical certification" shall mean a form substantially\nin compliance with the form set forth in Part 391.43(h) of title 49 of\nthe code of federal regulations. Upon a determination that the holder of\na commercial driver's license has made any false statement, with respect\nto the application for such license, the commissioner shall revoke such\nlicense.\n * NB Effective January 1, 2028\n 2. Age. * (a) An applicant for a commercial driver's license which\ncontains an H or an X endorsement or which is valid for operation in\ninterstate commerce shall be at least twenty-one years of age.\n * NB Repealed upon certain conditions (see chapter 618 of 2021 § 4)\n * (a) An applicant for a class A license or for a commercial driver's\nlicense which contains an H or an X endorsement or which is valid for\noperation in interstate commerce shall be at least twenty-one years of\nage.\n * NB Effective if amendments made by chapter 618 of 2021 are repealed\n * (b) Except as provided in paragraph (a) of this subdivision an\napplicant for a class A, B, C or E license shall be at least eighteen\nyears of age.\n * NB Repealed upon certain conditions (see chapter 618 of 2021 § 4)\n * (b) Except as provided in paragraph (a) of this subdivision an\napplicant for a class B, C or E license shall be at least eighteen years\nof age.\n * NB Effective if amendments made by chapter 618 of 2021 are repealed\n (c) An applicant for a class D or M license shall be at least eighteen\nyears of age, except that an application shall be accepted if the\napplicant is at least seventeen years of age and submits acceptable\nproof of successful completion of a driver education course, approved by\nthe state education department and the commissioner, and proof of\ncompletion of the minimum hours of supervised driving as required in\nparagraph (d) of this subdivision.\n * (d) An applicant for a class DJ or MJ license shall be at least\nsixteen years of age and such applicant must submit written consent to\nthe issuance of such license by the applicant's parent or guardian. Upon\nreceipt of withdrawal of such consent, any class DJ or MJ license,\nlearner's permit or license application shall be cancelled. No class DJ\nor MJ license shall be issued unless the applicant presents, at the time\nof the road test administered pursuant to paragraph (b) of subdivision\nfour of this section, a written certification by the applicant's parent\nor guardian: (i) that such applicant has operated a motor vehicle for no\nless than fifty hours, at least fifteen hours of which shall be after\nsunset, under the immediate supervision of a person as authorized\npursuant to subparagraph (ii) of paragraph (a) or paragraph (b) of\nsubdivision five of section five hundred one of this article, a driver\neducation teacher pursuant to section eight hundred six-a of the\neducation law or a driving school instructor pursuant to subdivision\nseven-a of section three hundred ninety-four of this chapter; and (ii)\nif such applicant completed an internet delivered pre-licensing course\napproved by the commissioner pursuant to article twelve-d of this\nchapter, that such applicant participated throughout such course.\n * NB Effective until June 30, 2030\n * (d) An applicant for a class DJ or MJ license shall be at least\nsixteen years of age and such applicant must submit written consent to\nthe issuance of such license by the applicant's parent or guardian. Upon\nreceipt of withdrawal of such consent, any class DJ or MJ license,\nlearner's permit or license application shall be cancelled. No class DJ\nor MJ license shall be issued unless the applicant presents, at the time\nof the road test administered pursuant to paragraph (b) of subdivision\nfour of this section, a written certification by the applicant's parent\nor guardian that such applicant has operated a motor vehicle for no less\nthan fifty hours, at least fifteen hours of which shall be after sunset,\nunder the immediate supervision of a person as authorized pursuant to\nsubparagraph (ii) of paragraph (a) or paragraph (b) of subdivision five\nof section five hundred one of this article, a driver education teacher\npursuant to section eight hundred six-a of the education law or a\ndriving school instructor pursuant to subdivision seven-a of section\nthree hundred ninety-four of this chapter.\n * NB Effective June 30, 2030\n 3. Application for learner's permit. An application for a learner's\npermit shall be included in the application for a license. A learner's\npermit shall be issued in such form as the commissioner shall determine\nbut shall not be issued unless the applicant has successfully passed the\nvision test required by this section and the test set forth in paragraph\n(a) of subdivision four of this section with respect to laws relating to\ntraffic and ability to read and comprehend traffic signs and symbols and\nhas satisfactorily completed any course required pursuant to paragraph\n(a) of subdivision four of this section. Upon acceptance of an\napplication for a learner's permit the commissioner shall provide the\napplicant with a driver's manual which includes but is not limited to\nthe laws relating to traffic, the laws relating to and physiological\neffects of driving while ability impaired and driving while intoxicated,\nthe law for exercising due care to avoid colliding with a parked,\nstopped or standing vehicle pursuant to section eleven hundred\nforty-four-a of this chapter, explanations of traffic signs and symbols\nand such other matters as the commissioner may prescribe.\n 4. Examinations. (a) (i) Upon submission of an application for a\ndriver's license, the applicant shall be required to take and pass a\ntest, or submit evidence of passage of a test, with respect to the laws\nrelating to traffic, the laws relating to driving while ability is\nimpaired and while intoxicated, under the overpowering influence of\n"Road Rage", "Work Zone Safety" awareness, "Motorcycle Safety" awareness\nand "Pedestrian and Bicyclist Safety" awareness as defined by the\ncommissioner, "School Bus Safety" awareness, the law relating to\nexercising due care to avoid colliding with a parked, stopped or\nstanding authorized emergency vehicle or hazard vehicle pursuant to\nsection eleven hundred forty-four-a of this chapter, the ability to read\nand comprehend traffic signs and symbols and such other matters as the\ncommissioner may prescribe, and to satisfactorily complete a course\nprescribed by the commissioner of not less than four hours and not more\nthan five hours, consisting of classroom driver training and highway\nsafety instruction or the equivalent thereof. Such test shall include at\nleast seven written questions concerning the effects of consumption of\nalcohol or drugs on the ability of a person to operate a motor vehicle\nand the legal and financial consequences resulting from violations of\nsection eleven hundred ninety-two of this chapter, prohibiting the\noperation of a motor vehicle while under the influence of alcohol or\ndrugs. Such test shall include one or more written questions concerning\nthe devastating effects of "Road Rage" on the ability of a person to\noperate a motor vehicle and the legal and financial consequences\nresulting from assaulting, threatening or interfering with the lawful\nconduct of another person legally using the roadway. Such test shall\ninclude one or more questions concerning the potential dangers to\npersons and equipment resulting from the unsafe operation of a motor\nvehicle in a work zone. Such test may include one or more questions\nconcerning motorcycle safety. Such test may include one or more\nquestions concerning the law for exercising due care to avoid colliding\nwith a parked, stopped or standing vehicle pursuant to section eleven\nhundred forty-four-a of this chapter. Such test may include one or more\nquestions concerning school bus safety. Such test may include one or\nmore questions concerning pedestrian and bicyclist safety. Such test\nshall be administered by the commissioner. The commissioner shall cause\nthe applicant to take a vision test and a test for color blindness. Upon\npassage of the vision test, the application may be accepted and the\napplication fee shall be payable.\n (ii) The commissioner shall promulgate rules and regulations\nestablishing eligibility standards for the taking and passing of\nknowledge tests in other than written form.\n (b) Upon successful completion of the requirements set forth in\nparagraph (a) of this subdivision which shall include an alcohol and\ndrug education component as described in paragraph (c) of this\nsubdivision, a "Road Rage" awareness component as described in paragraph\n(c-1) of this subdivision, a "Work Zone Safety" awareness component as\ndescribed in paragraph (c-2) of this subdivision, a "Motorcycle Safety"\nawareness component as described in paragraph (c-3) of this subdivision,\na "School Bus Safety" awareness component as described in paragraph\n(c-4) of this subdivision, and a "Pedestrian and Bicyclist Safety"\nawareness component as described in paragraph (c-5) of this subdivision,\nthe commissioner shall cause the applicant to take a road test in a\nrepresentative vehicle of a type prescribed by the commissioner which\nshall be appropriate to the type of license for which application is\nmade, except that the commissioner may waive the road test requirements\nfor certain classes of applicants. Provided, however, that the term\n"representative vehicle" shall not include a three-wheeled motor vehicle\nthat has two wheels situated in the front and one wheel in the rear, has\na steering mechanism and seating which does not require the operator to\nstraddle or sit astride, is equipped with safety belts for all occupants\nand is manufactured to comply with federal motor vehicle safety\nstandards for motorcycles including, but not limited to, 49 C.F.R. part\n571. The commissioner shall have the power to establish a program to\nallow persons other than employees of the department to conduct road\ntests in representative vehicles when such tests are required for\napplicants to obtain a class A, B or C license. If she chooses to do so,\nshe shall set forth her reasons in writing and conduct a public hearing\non the matter. She shall only establish such a program after holding the\npublic hearing.\n (c) Alcohol and drug education component. The commissioner shall\nprovide in the pre-licensing course, set forth in paragraph (b) of this\nsubdivision a mandatory component in alcohol and drug education of not\nless than two hours as a prerequisite for obtaining a license to operate\na motor vehicle. The purpose of the component is to educate prospective\nlicensees on the effects that ingestion of alcohol and other drugs have\non a person's ability to operate a motor vehicle. The commissioner shall\nestablish a curriculum for the alcohol and drug education component\nwhich shall include but not be limited to: instruction describing the\nhazards of driving while impaired or intoxicated; the penalties for\nalcohol related motor vehicle violations including sanctions set forth\nin the penal law that apply to homicides and assaults arising out of the\noperation of a motor vehicle while intoxicated and those sanctions set\nforth in the vehicle and traffic law relating to driving while\nintoxicated; and the medical, biological and physiological effects of\nthe consumption of alcohol and their impact on the operation of a motor\nvehicle.\n (c-1) "Road Rage" awareness component. The commissioner shall provide\nin the pre-licensing course, set forth in paragraph (b) of this\nsubdivision a mandatory component in "Road Rage" awareness education as\na prerequisite for obtaining a license to operate a motor vehicle. The\npurpose of the component is to educate prospective licensees on the\neffects that the development and expression of "Road Rage", as defined\nby the commissioner, have on a person's ability to operate a motor\nvehicle. The commissioner shall establish a curriculum for the "Road\nRage" component which shall include but not be limited to: instruction\ndescribing the hazards of driving and exiting the vehicle while under\nthe influence of "Road Rage"; the penalties for "Road Rage"-related\nmotor vehicle or other violations including sanctions set forth in the\npenal law that apply to homicides and assaults arising out of the\noperation of a motor vehicle while expressing "Road Rage", and any\nsanctions set forth in law relating to driving while under the influence\nof "Road Rage"; and the medical, biological and physiological effects of\nthe development and expression of "Road Rage", and their impact on the\noperation of a motor vehicle. The commissioner is charged with the\nresponsibility for defining the term "Road Rage", as used in this\nparagraph, in consultation with law enforcement personnel, medical\nprofessionals, representatives of the court system, highway safety\nofficials, and any other group that the commissioner believes can\ncontribute to a comprehensive statement of the issue.\n (c-2) "Work Zone Safety" awareness component. (i) The commissioner\nshall provide in the pre-licensing course, set forth in paragraph (b) of\nthis subdivision, a mandatory component in "Work Zone Safety" awareness\neducation as a prerequisite for obtaining a license to operate a motor\nvehicle. The purpose of the component is to educate prospective\nlicensees on the potential dangers to construction workers, construction\nequipment operators and operators of motor vehicles in a highway work\nzone. For the purposes of this paragraph, the term "work zone" shall\ninclude "work area" as defined by section one hundred sixty of this\nchapter, and "restricted highway" as authorized in section sixteen\nhundred twenty-five of this chapter.\n (ii) The commissioner shall establish a curriculum for the "Work Zone\nSafety" component which shall include but not be limited to: instruction\ndescribing the potential hazards of driving through a work zone, whether\nor not work, maintenance or other related construction is being\nundertaken therein, and information on the provisions of law relating to\ndriving within a work zone and sanctions for violations of such\nprovisions, including speeding in a work zone.\n (iii) In developing such curriculum, the commissioner shall consult\nwith the commissioner of transportation, the superintendent of the state\npolice, representatives of the highway construction industry,\nrepresentatives of highway construction workers, highway safety\nofficials, and any other group that the commissioner believes can\ncontribute to a comprehensive presentation of the issue.\n (c-3) "Motorcycle Safety" awareness component. The commissioner shall\nprovide in the pre-licensing course, set forth in paragraph (b) of this\nsubdivision, a mandatory component in "Motorcycle Safety" awareness\neducation as a prerequisite for obtaining a license to operate a motor\nvehicle. The purpose of the component is to educate prospective\nlicensees on the potential dangers to persons operating motorcycles on\nthe roadway.\n (c-4) "School Bus Safety" awareness component. (i) The commissioner\nshall provide in the pre-licensing course, set forth in paragraph (b) of\nthis subdivision, a mandatory component in "School Bus Safety" awareness\neducation as a prerequisite for obtaining a license to operate a motor\nvehicle. The purpose of the component is to educate prospective\nlicensees on the dangers of passing a school bus in violation of section\neleven hundred seventy-four of this chapter, to reduce the number of\nsuch incidents, and to promote school bus safety.\n (ii) The commissioner shall establish a curriculum for the "School Bus\nSafety" awareness component which shall include, but shall not be\nlimited to, an overview of traffic laws governing overtaking and passing\nschool buses, including but not limited to section eleven hundred\nseventy-one and section eleven hundred seventy-four of this chapter.\n (iii) In developing such curriculum, the commissioner shall consult\nwith the commissioner of transportation.\n (c-5) "Pedestrian and Bicyclist Safety" awareness component. (i) The\ncommissioner shall provide in the pre-licensing course, set forth in\nparagraph (b) of this subdivision, a mandatory component in "Pedestrian\nand Bicyclist Safety" awareness education as a prerequisite for\nobtaining a license to operate a motor vehicle. The purpose of the\ncomponent is to educate prospective licensees on the potential dangers\nto pedestrians, bicyclists, and other non-motorized vehicles.\n (ii) The commissioner shall establish a curriculum for the "Pedestrian\nand Bicyclist Safety" awareness component which shall include but not be\nlimited to: an overview of traffic laws governing motor vehicle\noperators' duty to exercise due care with respect to pedestrians and\nbicyclists, including but not limited to understanding pedestrians' and\nbicyclists' needs and reduced visibility, respecting pedestrians' and\nbicyclists' rights of way, safe operation near pedestrians and\nbicyclists, including children and blind, deaf, elderly and disabled\npedestrians, bicycle lanes as defined in section one hundred two-a of\nthis chapter, safely overtaking a pedestrian or a bicyclist, the dangers\nof distracted driving, driving at appropriate reduced speeds when\nspecial hazards exist with respect to pedestrians and bicyclists such as\nweather or highway conditions, safely turning, stopping, standing, and\nparking, motor vehicle operators' obligations to comply with article\ntwenty-two of this chapter, and traffic control devices and markings,\nroadway designs and traffic calming measures related to pedestrians and\nbicyclists.\n (iii) In developing such curriculum, the commissioner shall consult\nwith the commissioner of transportation, the superintendent of the state\npolice, the commissioners of transportation and police of the city of\nNew York, other local law enforcement and highway safety officials,\nmedical professionals, bicycle and pedestrian safety advocates, and any\nother group that the commissioner believes can contribute to a\ncomprehensive presentation of the issue.\n (d) (i) The commissioner shall make available for distribution upon\nregistration at each location where the pre-licensing course will be\ngiven (1) instructional handbooks outlining the content of the entire\ncurriculum of the pre-licensing course including the information\nrequired to be included in the course pursuant to paragraphs (c), (c-1),\n(c-2), (c-3), (c-4) and (c-5) of this subdivision, and (2) information\nas to how a person may register in the New York state organ and tissue\ndonor registry under section forty-three hundred ten of the public\nhealth law.\n (ii) The commissioner shall also provide for the additional training\nof the instructors necessary for the competent instruction of the\nalcohol and drug education, "Road Rage" awareness, "Work Zone Safety"\nawareness, "Motorcycle Safety" awareness, "School Bus Safety" awareness\nand "Pedestrian and Bicyclist Safety" awareness subject matters of the\npre-licensing course.\n (e) The commissioner shall make available to each applicant for a\ncommercial driver's license instructional handbooks outlining the\nrequirements necessary to qualify for such license, and containing a\ndiscussion of the offenses which will result in disqualification from\noperating a commercial motor vehicle as defined in section five hundred\none-a of this chapter. Such handbooks shall be available in both English\nand Spanish language versions.\n (f) The commissioner shall promulgate such rules and regulations as\nare necessary to carry out the provisions of this section.\n (g) The commissioner may, in his discretion, waive the requirement for\npassage of a test with respect to the laws relating to traffic, the laws\nrelating to driving while ability is impaired and while intoxicated and\nthe ability to read and comprehend traffic signs and symbols, and the\nrequirement for completion of the course set forth in paragraph (a) of\nthis subdivision for applicants who hold a valid or renewable driver's\nlicense issued by another jurisdiction or the United States government.\n * (h) Course completion certificate fee. The fee for a course\ncompletion certificate provided by the department to an entity that is\napproved by the commissioner to offer the pre-licensing course, required\nby this subdivision, for issuance by such entity to students upon their\ncompletion of such pre-licensing course shall be one dollar. Such fee\nshall be paid by such entity and shall not be charged to a person who\ntakes the course in any manner. The provisions of this paragraph shall\nnot apply to a pre-licensing course established pursuant to article\ntwelve-D of this chapter.\n * NB Effective until June 30, 2030\n * (h) Course completion certificate fee. The fee for a course\ncompletion certificate provided by the department to an entity that is\napproved by the commissioner to offer the pre-licensing course, required\nby this subdivision, for issuance by such entity to students upon their\ncompletion of such pre-licensing course shall be one dollar. Such fee\nshall be paid by such entity and shall not be charged to a person who\ntakes the course in any manner.\n * NB Effective June 30, 2030\n 5. Issuance of license. (a) Upon successful completion of the\nrequirements set forth in subdivision four of this section, and upon\npayment of the fee prescribed by law, the commissioner shall issue an\nappropriate license to the applicant, except that the commissioner may\nrefuse to issue such license\n (i) if the applicant is the holder of a currently valid or renewable\nlicense to drive issued by another state or foreign country unless the\napplicant surrenders such license, or\n (ii) if such issuance would be inconsistent with the provisions of\nsection five hundred sixteen of this chapter.\n (b) The commissioner shall, with respect to the issuance of a\nhazardous materials endorsement, comply with the requirements imposed\nupon states pursuant to sections 383.141 and 1572.13 of title 49 of the\ncode of federal regulations.\n (c) The commissioner shall not issue a commercial driver's license to\na person while such person would be subject to disqualification from\noperating a commercial motor vehicle for any cause set forth in the\ncommercial motor vehicle safety act of nineteen hundred eighty-six,\npublic law 99-570, title XII and regulations promulgated thereunder. In\naddition, the commissioner shall suspend a commercial driver's license\nfor the period of time in which such driver is determined to constitute\nan imminent hazard and is disqualified pursuant to 49 C.F.R 383.52.\n * (d) (i) The commissioner shall not issue a class A commercial\ndriver's license to a person who is eighteen, nineteen or twenty years\nold unless, in addition to meeting the requirements of this chapter with\nrespect to the issuance of commercial driver's licenses, such person\nsubmits, in a form prescribed by the commissioner, proof of successful\ncompletion of the commercial driver's license (CDL) class A young adult\ntraining program established pursuant to subparagraph (ii) of this\nparagraph and proof of completion of the minimum hours of supervised\ndriving required by such subparagraph. The commissioner shall place an\n"intrastate only" restriction on any class A commercial driver's license\nissued to a person who is eighteen, nineteen or twenty years old and\nsuch restriction shall remain until such person turns twenty-one years\nof age.\n (ii) The commissioner, in consultation with the commissioner of\ntransportation, shall establish and implement a commercial driver's\nlicense (CDL) class A young adult training program for young adult class\nA commercial driver's license applicants. The commissioner shall provide\nfor the requirements and criteria of such training program which shall\ninclude the entry-level driver training requirements prescribed by the\nfederal motor carrier safety administration under appendices A, C, D and\nE of part 380 of title 49 of the code of federal regulations, as may be\namended from time to time, and include no less than three hundred hours\nof behind-the-wheel training under the immediate supervision and control\nof an experienced driver. For purposes of this paragraph, the following\nterms shall have the following meanings:\n (A) "Young adult" shall mean an individual who is eighteen, nineteen\nor twenty years old.\n (B) "Experienced driver" shall mean an individual who:\n (1) is not less than twenty-one years of age;\n (2) holds a valid class A commercial driver's license which is not\nsuspended, revoked or cancelled pursuant to the provisions of this\nchapter or rules and regulations promulgated thereunder and has held\nsuch commercial driver's license for at least two years;\n (3) has not, for at least a one-year period: been the operator of a\nmotor vehicle involved in an accident reportable to the federal motor\ncarrier safety administration, or been the operator of a commercial\nmotor vehicle involved in an accident reportable to the commissioner, or\nbeen convicted of a serious traffic violation, or been convicted of any\nviolation of title VII of this chapter for which the commissioner\nassesses points, or been disqualified from operating a commercial motor\nvehicle pursuant to this chapter or rules and regulations promulgated\nthereunder; and\n (4) has a minimum of one year of experience driving, in commerce, a\ncommercial motor vehicle which can only be operated with a class A\ncommercial driver's license.\n (C) "Serious traffic violation" shall have the same meaning as such\nterm is defined in subdivision four of section five hundred ten-a of\nthis chapter.\n * NB Repealed upon certain conditions (see chapter 618 of 2021 § 4 and\nchapter 58 of 2022 Pt. GGG § 3)\n 6. Renewal of license. (a) A license issued pursuant to subdivision\nfive of this section shall be valid until the expiration date contained\nthereon, unless such license is suspended, revoked or cancelled. Such\nlicense may be renewed by submission of an application for renewal, the\nfee prescribed by law, proofs of prior licensing, fitness and acceptable\nvision prescribed by the commissioner, the applicant's social security\nnumber or, in lieu thereof, with respect to an application for a\nnon-commercial driver's license or learner's permit which does not meet\nfederal standards for identification, an affidavit signed by such\napplicant that they have not been issued a social security number, and\nif required by the commissioner, a photo image of the applicant in such\nnumbers and form as the commissioner shall prescribe. In addition, an\napplicant for renewal of a license containing a hazardous material\nendorsement shall pass an examination to retain such endorsement. The\ncommissioner shall, with respect to the renewal of a hazardous materials\nendorsement, comply with the requirements imposed upon states by\nsections 383.141 and 1572.13 of title 49 of the code of federal\nregulations. A renewal of such license shall be issued by the\ncommissioner upon approval of such application, except that no such\nlicense shall be issued if its issuance would be inconsistent with the\nprovisions of section five hundred sixteen of this title, and except\nthat the commissioner may refuse to renew such license if the applicant\nis the holder of a currently valid or renewable license to drive issued\nby another state or foreign country unless the applicant surrenders such\nlicense.\n (b) Time for renewal. A renewal license may only be issued if an\napplication for such license is filed within two years from the date of\nexpiration of the prior license. Such application may be filed prior to\nthe expiration of the license being renewed for a period of time as\nprovided by regulation of the commissioner.\n 7. Selective service act. The commissioner shall provide separate\nspace on the application for a learner's permit, driver's license,\nnon-driver identification card, or renewal thereof so that any person\nwho is at least eighteen years of age but less than twenty-six years of\nage who applies to the commissioner for such permit, license, or card or\nrenewal thereof may opt to register with the selective service in\naccordance with 50 U.S.C. App 451 et. seq., as amended, if such person\nis subject to such act, and consent to have the commissioner forward the\nnecessary personal information in accordance with this subdivision. Such\nconsent shall be separate from any other certification or signature on\nsuch application. The commissioner shall include on the application a\nbrief statement about the requirement of the law, a citation of the act,\nand the consequences for failing to meet the same. The commissioner\nshall forward to the selective service system, in an electronic format,\nthe necessary personal information required for registration only of\nindividuals who have affirmatively opted and consented, pursuant to this\nsubdivision, to authorize the commissioner to forward such information\nto the selective service system.\n 8. Non-commercial drivers' licenses and learners' permits which do not\nmeet federal standards for identification. (a) Non-commercial drivers'\nlicenses and learners' permits which do not meet federal standards for\nidentification shall be issued in such form as the commissioner shall\ndetermine, provided that such licenses and permits shall be visually\nidentical to non-commercial drivers' licenses and learners' permits\nwhich do meet federal standards for identification except that such\nlicenses and permits may state "Not for Federal Purposes". Provided,\nhowever, that the commissioner may promulgate regulations providing for\nadditional design or color indicators for both such non-commercial\ndrivers' licenses and learners' permits if required to comply with\nfederal law.\n (b) Applicants for a non-commercial driver's license or learner's\npermit or a renewal thereof shall not be required to prove that they are\nlawfully present in the United States.\n (c) Application forms for non-commercial drivers' licenses and\nlearners' permits which do not meet federal standards for identification\nor for renewal thereof shall not state (i) the documents an applicant\nused to prove age or identity, or (ii) an applicant's ineligibility for\na social security number where applicable, or (iii) an applicant's\ncitizenship or immigration status.\n (d) The commissioner and any agent or employee of the commissioner\nshall not retain the documents or copies of documents presented by\napplicants for non-commercial drivers' licenses or learners' permits\nwhich do not meet federal standards for identification to prove age or\nidentity except for a limited period necessary to ensure the validity\nand authenticity of such documents.\n (e) (i) A non-commercial driver's license or learner's permit which\ndoes not meet federal standards for identification shall not be used as\nevidence of a person's citizenship or immigration status, and shall not\nbe the basis for investigating, arresting, or detaining a person. (ii)\nNeither the commissioner nor any agent or employee of the commissioner\nshall inquire about the citizenship or immigration status of any\napplicant for a non-commercial driver's license or learner's permit\nwhich does not meet federal standards for identification.\n 9. Loss of consciousness. a. This subdivision shall apply to any\napplicant for an original driver's license in this state who has ever\nsuffered a loss of consciousness, to any applicant for a renewal\ndriver's license who has suffered a loss of consciousness since his or\nher last license was issued in this state, to any person who is required\nto submit physicians', physician assistants', or nurse practitioners'\nstatements, in such form as the commissioner may require, as a condition\nfor continuing licensing, and to persons holding a driver's license\nconcerning whom the commissioner has received evidence of loss of\nconsciousness.\n b. As used in this subdivision, the following terms shall have the\nfollowing meanings: "loss of consciousness" shall mean the condition of\nnot being aware of one's surroundings or of one's existence and the\ninability to receive, interpret or react to sensory impressions as the\nresult of epilepsy, syncope, cataplexy, narcolepsy and other disorders\naffecting consciousness and control; and "evidence of loss of\nconsciousness" shall mean a police accident report filed pursuant to\nsection six hundred three of this chapter indicating a loss of\nconsciousness, no matter how denominated, as the cause of an accident,\nor admission by an applicant or licensee, or a complaint alleging loss\nof consciousness received from police agencies and others.\n c. A person to whom this part is applicable shall be deemed to be fit\nfor licensing only as determined by the commissioner in accordance with\nsection 9.3 of part 9 of title 15 of the codes, rules and regulations of\nthe state of New York as prescribed by the commissioner.\n d. (i) Upon a scheduled review of a statement as required under\nparagraph e of this section or upon receipt of evidence from a police\nagency, police accident report or physician, physician assistant or\nnurse practitioner confirmed by a department hearing or investigation\nthat a licensee has experienced a lack of consciousness, or if the\ncommissioner has not received an acceptable physician's, physician\nassistant's or nurse practitioner's statement as defined in subparagraph\n(iii) of this paragraph, or, if such a statement is received but the\ncommissioner's medical consultant finds grounds to disagree with or to\nquestion a recommendation of such physician, physician assistant or\nnurse practitioner made in accordance with the provisions of section 9.3\nof part 9 of title 15 of the codes, rules and regulations of the state\nof New York, the commissioner shall deny or suspend such license,\nwhichever is appropriate, and offer to hold a department hearing to\nreview such action, upon written request of such person. If such request\nfor hearing is not made within thirty days of such denial or suspension,\nthe offer to hold a hearing shall be deemed to be withdrawn.\nNotwithstanding the offer to hold a department hearing to review the\ndenial or suspension, a department hearing will not be held until such\ntime as the motorist submits to the commissioner a physician, physician\nassistant or nurse practitioner statement as required under the\nprovisions of part 9 of title 15 of the codes, rules and regulations of\nthe state of New York and the commissioner and the commissioner's\nmedical consultants have reviewed such statements within a reasonable\nperiod of time. The denial or suspension shall remain in effect until a\ndepartment hearing is held to review such denial or suspension or after\nreview of the physician, physician assistant or nurse practitioner\nstatement the commissioner and his or her medical consultants finds no\ngrounds to disagree with or to question the physician's, physician\nassistant's or nurse practitioner's statement.\n (ii) Notwithstanding the provisions of subparagraph (i) of this\nsection, upon receipt of an application for an original driver's\nlicense, or for renewal of a driver's license, or upon receipt of\nevidence from a source other than a police agency, police accident\nreport or physician, physician assistant or nurse practitioner,\nconfirmed by a department hearing or investigation that a licensee has\nexperienced a loss of consciousness, the commissioner shall, unless he\nor she deems such person's operation of a motor vehicle on a public\nhighway to be an immediate hazard, send to such person a proposed denial\nor suspension of license, whichever is appropriate, with an offer to\nwithhold such action until after a department hearing, if such hearing\nis requested by such person. The failure of such person to reply to the\ncommissioner, either accepting the denial or suspension or requesting a\nhearing, within thirty days of the date of such notice, shall result in\nthe imposition of the denial or suspension. If the commissioner deems\nany such person's operation of a motor vehicle on a public highway to be\nan immediate hazard, he or she shall deny or suspend such license as\nrequired under subparagraph (i) of this paragraph and such denial or\nsuspension shall be subject to the provisions of such subparagraph (i).\nFor the purposes of this subparagraph, a person's operation of a motor\nvehicle on a public highway shall be deemed to constitute an immediate\nhazard if the commissioner has received evidence that such person's loss\nof consciousness has caused or contributed to a motor vehicle accident.\n (iii) A physician's, physician assistant's or nurse practitioner's\nstatement shall not be acceptable unless such licensed physician,\nphysician assistant or nurse practitioner has attended or examined the\npatient within one hundred twenty days of the date of such statement,\nand if required by the commissioner, may be required to be submitted by\na physician licensed in a specialty appropriate to the condition in\nquestion.\n e. The commissioner may require the submission of physicians',\nphysician assistants' or nurse practitioners' statements on a scheduled\nbasis as a condition of licensing in those cases in which a person has\nexperienced loss of consciousness but meets standards of fitness as set\nforth in rules and regulations prescribed by the commissioner, and the\nphysician's, physician assistant's or nurse practitioner's statement\nindicates that medication is being taken to meet such standards and, in\nthe opinion of either the submitting physician, physician assistant or\nnurse practitioner or the medical consultant to the commissioner, the\nsubmission of such scheduled physician's, physician assistant's or nurse\npractitioner's statements is considered necessary or desirable. However,\nthe provisions of this subdivision shall not be applicable in any case\nwhere a person has been seizure free without medication for a minimum\nperiod of one year and submits a physician's, physician assistant's or\nnurse practitioner's statement.\n f. Any hearing held pursuant to this subdivision shall be conducted in\nconformity with the provisions of the state administrative procedure act\nand any regulations promulgated by the commissioner thereunder. Judicial\nreview of a determination made by the commissioner after a hearing held\npursuant to this subdivision may be had without an administrative appeal\nbeing made pursuant to article three-A of this chapter.\n