§ 503 — Period of validity of drivers' licenses, learners' permits and applications; required fees

§ 503. Period of validity of drivers' licenses, learners' permits and\napplications; required fees. 1. Periods of validity. (a) A driver's\nlicense shall be valid from the date of issuance until a date of\nexpiration determined by the commissioner. Such dates of issuance and\nexpiration shall be noted on the license, except that if such printed\nexpiration date falls on a Saturday, Sunday or state holiday, such\nlicense shall be valid for operation until midnight of the next day on\nwhich state offices shall be open for business. However, a prior license\nshall expire on the date of issuance of a renewal of such prior license.\nThe commissioner may extend the period of validity of a license in a\nmanner and form prescribed by him.\n (b) An application for a license shall be valid for a period of time\nspecified by regulation of the commissioner not to exceed five years. A\nlearner's permit shall be valid from its issuance until the expiration\nof the application for a driver's license for which it was issued.\nProvided, however, a commercial learner's permit shall be valid for no\nmore than such time as permitted by section 31308 of title 49 of the\nUnited States code and part 383.25 of title 49 of the code of federal\nregulations. Provided, however, that a commercial learner's permit\nissued by the commissioner in connection with an application for a\ncommercial driver's license shall be cancelled within sixty days of the\nholder's medical certification status becoming "not-certified" based\nupon: (i) the expiration of the holder's medical certification or\nmedical variance documentation required by the federal motor carrier\nsafety improvement act of 1999 and Part 383.71(h) of title 49 of the\ncode of federal regulations; (ii) the holder's failure to submit such\nmedical certification or medical variance documentation at such\nintervals as required by the federal motor carrier safety improvement\nact of 1999 and Part 383.71(h) of title 49 of the code of federal\nregulations and in a manner prescribed by the commissioner; or (iii) the\nreceipt by the commissioner of information from the issuing medical\nexaminer or the federal motor carrier safety administration that a\nmedical certification or medical variance was issued in error or\nrescinded. The commissioner shall, upon a holder's status becoming\n"not-certified", notify the holder of such commercial learner's permit\nissued in connection with a commercial driver's license application by\nfirst class mail to the address of such person on file with the\ndepartment or at the current address provided by the United States\npostal service of his or her "not-certified" medical certification\nstatus and that the commercial motor vehicle privileges of such\ncommercial learner's permit will be cancelled unless he or she submits a\ncurrent medical certificate and/or medical variance in accordance with\nPart 383.71(h) of title 49 of the code of federal regulations or changes\nhis or her self-certification to driving only in excepted or intrastate\ncommerce in accordance with Part 383.71(b) (1) (ii), (iii) or (iv) of\ntitle 49 of the code of federal regulations.\n 2. Fees. (a) Initial application fee. The fee required for the\ninitiation of the licensing process by a person who does not hold a\nvalid or renewable license issued by the commissioner shall be ten\ndollars.\n (i) If application is made for any license other than a commercial\ndriver's license, such fee shall enable the applicant to take the\nknowledge test required for issuance of a learner's permit and driver's\nlicense no more than twice.\n (ii) (A) If application is made for a commercial driver's license,\nsuch fee shall enable the applicant to take the knowledge test required\nfor issuance of a learner's permit and driver's license once and also\ntake any knowledge test or tests required for any endorsement or\nendorsements applied for which are taken at the same time.\n (B) The knowledge tests for such learner's permit, driver's license or\nendorsements shall be available in both the English and Spanish language\nversions.\n (iii) If an applicant fails to pass the knowledge test required for\nissuance of a learner's permit in the number of times specified in\nsubparagraph (i) or (ii) of this paragraph, a new application fee shall\nbe required.\n (b) Learner permit/license fee. (i) Upon passage of the knowledge test\nrequired to obtain a learner's permit, the applicant for a commercial\ndriver's license shall be required to pay an additional fee of nine\ndollars and fifty cents for each six months or portion thereof of the\nperiod of validity of a learner's permit or license which is or may be\nissued as well as a fee of forty dollars for a road test which must be\npassed before a license will be issued.\n (ii) Upon passage of the knowledge test required to obtain a learner's\npermit, the applicant for a class C license which does not have an H, P\nor X endorsement or a class E license shall be required to pay six\ndollars and twenty-five cents for each six months or portion thereof of\nthe period of validity of a learner's permit or license which is or may\nbe issued, and an applicant for a class D, DJ, M or MJ license shall be\nrequired to pay three dollars and twenty-five cents for each six months\nor portion thereof of the period of validity of a learner's permit or\nlicense which is or may be issued. No additional fee shall be required\nof any such applicant to take up to two road tests. Such road test must\nbe passed before a license will be issued.\n (iii) If an applicant fails to pass the road test required for\nissuance of a license in the number of times specified in subparagraph\n(i) or (ii) of this paragraph, an additional fee of forty dollars will\nbe required for each additional test applied for in order to obtain a\ncommercial driver's license and an additional fee of ten dollars will be\nrequired for up to two tests applied for in order to obtain any license\nother than a commercial driver's license.\n (iv) Notwithstanding any inconsistent provision of this section, the\ndifference collected between the fees set forth in this paragraph in\neffect on and after September first, two thousand nine and the fees set\nforth in this paragraph in effect prior to such date shall be deposited\nto the credit of the dedicated highway and bridge trust fund.\n (b-1) Supplemental learner permit/license fee in the metropolitan\ncommuter transportation district. (i) Upon passage of the knowledge test\nrequired to obtain a learner's permit, an applicant for a driver's\nlicense who resides in the metropolitan commuter transportation district\nestablished by section one thousand two hundred sixty-two of the public\nauthorities law shall be required to pay a supplemental fee of one\ndollar for each six months or portion thereof of the period of validity\nof a learner's permit or license which is or may be issued pursuant to\nthe provisions of subparagraph (i) or (ii) of paragraph (b) of this\nsubdivision.\n (ii) The commissioner shall deposit daily all funds collected pursuant\nto subparagraph (i) of this paragraph with such responsible banks,\nbanking houses or trust companies as may be designated by the state\ncomptroller, in trust for the credit of the metropolitan transportation\nauthority. An account may be established in one or more of such\ndepositories. Such deposits shall be kept separate and apart from all\nother money in the possession of the comptroller. On or before the\ntwelfth day of each month, the commissioner shall certify to the\ncomptroller the amount of all revenues received pursuant to subparagraph\n(i) of this paragraph during the prior month as a result of the\nsupplemental fee imposed, including any interest and penalties thereon.\nThe revenues so certified over the prior three months in total shall be\npaid over by the fifteenth day of the last month of each calendar\nquarter from such account, without appropriation, into the corporate\ntransportation account of the metropolitan transportation authority\nspecial assistance fund established by section twelve hundred seventy-a\nof the public authorities law, to be applied as provided in paragraph\n(e) of subdivision four of such section. Any money collected pursuant to\nthis section that is deposited by the comptroller in the corporate\ntransportation account of the metropolitan transportation authority\nspecial assistance fund shall be held in such fund free and clear of any\nclaim by any person or entity paying an additional fee pursuant to this\nsection, including, without limiting the generality of the foregoing,\nany right or claim against the metropolitan transportation authority,\nany of its bondholders, or any subsidiary or affiliate of the\nmetropolitan transportation authority.\n (c) Renewal fee. Fees for renewal of a license issued by the\ncommissioner shall be as follows:\n (i) For a commercial driver's license, nine dollars and fifty cents\nfor each six months or portion thereof.\n (ii) For a class C license which does not have an H, P or X\nendorsement or a class E license, six dollars and twenty-five cents for\neach six months or portion thereof.\n (iii) For a class D, DJ, M or MJ license, three dollars and\ntwenty-five cents, for each six months or portion thereof.\n (iv) Notwithstanding any inconsistent provision of this section, the\ndifference collected between the fees set forth in this paragraph in\neffect on and after September first, two thousand nine and the fees set\nforth in this paragraph in effect prior to such date shall be deposited\nto the credit of the dedicated highway and bridge trust fund.\n (c-1) In addition to the fees established in paragraphs (b) and (c) of\nthis subdivision, a fee of fifty cents for each six months or portion\nthereof of the period of validity shall be paid upon the issuance of any\npermit, license or renewal of a license which is valid for the operation\nof a motorcycle, except a limited use motorcycle.\n (c-2) Refunds. The commissioner shall refund any fees paid for a\ndriver's license pursuant to paragraph (c) of this subdivision for the\nperiod commencing after completion of four years of the period of\nvalidity of such license, provided that such license is not suspended or\nrevoked and is surrendered to the commissioner before the end of such\nfour year period and application therefor is filed with the commissioner\nno later than three months from the expiration of such four year period.\n (c-3) (i) Supplemental renewal fee in the metropolitan commuter\ntransportation district. In addition to the fees required to be paid\npursuant to paragraph (c) of this subdivision, a supplemental fee of one\ndollar for each six months or portion thereof of the validity of the\nlicense shall be paid for renewal of a license of a person who resides\nin the metropolitan commuter transportation district established by\nsection one thousand two hundred sixty-two of the public authorities law\nissued by the commissioner.\n (ii) The commissioner shall deposit daily all funds collected pursuant\nto this paragraph with such responsible banks, banking houses or trust\ncompanies as may be designated by the state comptroller, in trust for\nthe credit of the metropolitan transportation authority. An account may\nbe established in one or more of such depositories. Such deposits shall\nbe kept separate and apart from all other money in the possession of the\ncomptroller. On or before the twelfth day of each month, the\ncommissioner shall certify to the comptroller the amount of all revenues\nreceived pursuant to this paragraph during the prior month as a result\nof the supplemental fees imposed, including any interest and penalties\nthereon. The revenues so certified over the prior three months in total\nshall be paid over by the fifteenth day of the last month of each\ncalendar quarter from such account, without appropriation, into the\ncorporate transportation account of the metropolitan transportation\nauthority special assistance fund established by section twelve hundred\nseventy-a of the public authorities law, to be applied as provided in\nparagraph (e) of subdivision four of such section. Any money collected\npursuant to this section that is deposited by the comptroller in the\ncorporate transportation account of the metropolitan transportation\nauthority special assistance fund shall be held in such fund free and\nclear of any claim by any person or entity paying an additional fee\npursuant to this section, including, without limiting the generality of\nthe foregoing, any right or claim against the metropolitan\ntransportation authority, any of its bondholders, or any subsidiary or\naffiliate of the metropolitan transportation authority.\n (d) Duplicate and amendment fees. (i) The fee for a duplicate of any\nlicense or learner's permit shall be five dollars.\n (ii) If a knowledge test or test are required to be passed to secure\nan amended learner's permit or license, the fees for taking of such test\nor tests specified in paragraph (a) of this subdivision shall be paid.\nHowever, if an amendment is to add only an endorsement or endorsements\nwhich require only the passing of a knowledge test or tests, a fee of\nfive dollars shall be paid. If a road test or tests are required to be\npassed to secure an amended license, the fees for taking such test or\ntests specified in paragraph (b) of this subdivision shall be paid. If\nno knowledge or road test is required to secure an amended license, the\nfee required for such amended license shall be five dollars. In\naddition, if the fee for the amended learner's permit or license is\ngreater than the fee for the learner's permit or license being amended,\nthe difference in fee shall be paid. If the amendment is only to correct\nor update a driver's record, no fee other than the photo image fee shall\nbe required.\n (e) Alternative testing. If a knowledge test is required in any stage\nof the licensing process, the applicant may request that such test be\ngiven in a form other than written and if the applicant meets the\neligibility standards established by the commissioner for an alternative\ntest then the commissioner shall give such test in an alternative form.\nAn additional fee of five dollars shall be required for such an\nalternative test.\n (f) Photo image fee. In addition to any other fee prescribed herein, a\nfee of twelve dollars and fifty cents shall be charged for the\nprocessing of each learner permit or license document requiring a photo\nimage. Of each such fee collected, five dollars shall be deposited to\nthe credit of the general fund and five dollars shall be deposited in\nthe dedicated highway and bridge trust fund established pursuant to\nsection eighty-nine-b of the state finance law and the dedicated mass\ntransportation fund established pursuant to section eighty-nine-c of the\nstate finance law and distributed according to the provisions of\nsubdivision (d) of section three hundred one-j of the tax law.\n Notwithstanding any inconsistent provision of this section, the\ndifference collected between the fees set forth in this paragraph in\neffect on and after September first, two thousand nine and the fees set\nforth in this paragraph in effect prior to such date shall be deposited\nto the credit of the dedicated highway and bridge trust fund.\n (f-1) In addition to any other fee prescribed in this section, an\nadditional fee of thirty dollars shall be charged for any license,\nissued to a New York state resident who is a citizen of the United\nStates, that can be used for certain land and sea border crossings\npursuant to section 7209 of the Intelligence Reform and Terrorism\nPrevention Act of Two Thousand Four, Public Law 108-458, or the\nregulations promulgated thereunder.\n (g) In no event shall the commissioner increase fees or impose\nsurcharges or penalties for the issuance or renewal of licenses without\nthe specific mandate of the legislature effected pursuant to an\namendment to this chapter.\n (h) An applicant whose driver's license has been revoked pursuant to\n(i) section five hundred ten of this title, (ii) section eleven hundred\nninety-three of this chapter, and (iii) section eleven hundred\nninety-four of this chapter, shall, upon application for issuance of a\ndriver's license, pay to the commissioner a fee of one hundred dollars.\nWhen the basis for the revocation is a finding of driving after having\nconsumed alcohol pursuant to the provisions of section eleven hundred\nninety-two-a of this chapter, the fee to be paid to the commissioner\nshall be one hundred dollars. Such fee is not refundable and shall not\nbe returned to the applicant regardless of the action the commissioner\nmay take on such person's application for reinstatement of such driving\nlicense. Such fee shall be in addition to any other fees presently\nlevied but shall not apply to an applicant whose driver's license was\nrevoked for failure to pass a reexamination or to an applicant who has\nbeen issued a conditional or restricted use license under the provisions\nof article twenty-one-A or thirty-one of this chapter.\n (i) A non-resident whose driving privileges have been revoked pursuant\nto sections five hundred ten, eleven hundred ninety-three and eleven\nhundred ninety-four of this chapter shall, upon application for\nreinstatement of such driving privileges, pay to the commissioner of\nmotor vehicles a fee of one hundred dollars. When the basis for the\nrevocation is a finding of driving after having consumed alcohol\npursuant to the provisions of section eleven hundred ninety-two-a of\nthis chapter, the fee to be paid to the commissioner shall be one\nhundred dollars. Such fee is not refundable and shall not be returned to\nthe applicant regardless of the action the commissioner may take on such\nperson's application for reinstatement of such driving privileges.\n (j) Whenever a license issued pursuant to this article, or a privilege\nof operating a motor vehicle or of obtaining such a license, has been\nsuspended, such suspension shall remain in effect until a termination of\na suspension fee of fifty dollars is paid to the commissioner; provided,\nhowever, when the basis for the suspension is a finding of driving after\nhaving consumed alcohol pursuant to the provisions of section eleven\nhundred ninety-two-a of this chapter, the fee to be paid to the\ncommissioner shall be one hundred dollars. The provisions of this\nparagraph shall not apply to a temporary suspension pending a hearing,\nprosecution or investigation, nor to an indefinite suspension which is\nissued because of the failure of the person suspended to perform an act,\nwhich suspension will be terminated by the performance of the act.\n (j-1) (i) When a license issued pursuant to this article, or a\nprivilege of operating a motor vehicle or of obtaining such a license,\nhas been suspended based upon a failure to answer an appearance ticket\nor a summons or failure to pay a fine, penalty or mandatory surcharge,\npursuant to subdivision three of section two hundred twenty-six,\nsubdivision four of section two hundred twenty-seven, subdivision four-a\nof section five hundred ten or subdivision five-a of section eighteen\nhundred nine of this chapter, such suspension shall remain in effect\nuntil a termination of a suspension fee of seventy dollars is paid to\nthe court or tribunal that initiated the suspension of such license or\nprivilege. In no event may the aggregate of the fees imposed by an\nindividual court pursuant to this paragraph for the termination of all\nsuspensions that may be terminated as a result of a person's answers,\nappearances or payments made in such cases pending before such\nindividual court exceed four hundred dollars. For the purposes of this\nparagraph, the various locations of the administrative tribunal\nestablished under article two-A of this chapter shall be considered an\nindividual court.\n (ii) Any such fee collected by any court, judge, magistrate or other\nofficer specified in subdivision one of section thirty-nine of the\njudiciary law, establishing a unified court budget, shall be paid to the\nstate commissioner of taxation and finance on a monthly basis no later\nthan ten days after the last day of each month. All such monies\ncollected under this subdivision shall be deposited to the indigent\nlegal services fund established by section ninety-eight-b of the state\nfinance law.\n (iii) Any such fee collected by any other court, judge, magistrate or\nother officer shall, except as provided in paragraph (k) of this\nsubdivision, be paid to the state comptroller within the first ten days\nof the month following collection. Every such payment to the comptroller\nshall be accompanied by a statement in such form and detail as the\ncomptroller shall provide. All such monies collected under this\nsubdivision shall be deposited to the indigent legal services fund\nestablished by section ninety-eight-b of the state finance law.\n (iv) Notwithstanding any other provision of this paragraph, fifty\npercent of all fees collected pursuant to this paragraph shall be\ndeposited to the credit of the general fund.\n (k) Fees assessed for reapplication for a driver's license or\nreinstatement of driving privileges after revocation or required to be\npaid for termination of suspension as provided in paragraphs (h), (i)\nand (j) of this subdivision shall be paid to the commissioner for\ndeposit to the general fund. Fees assessed for termination of suspension\nas provided in paragraph (j-1) of this subdivision and collected by an\nadministrative tribunal established under article two-A of this chapter\nshall be paid over to the state comptroller to the credit of the\nindigent legal services fund established by section ninety-eight-b of\nthe state finance law.\n 3. Waiver of fee. The commissioner may waive the payment of fees\nrequired by subdivision two of this section if the applicant:\n (i) is an incarcerated individual in an institution under the\njurisdiction of a state department or agency, or\n (ii) is a victim of crime and the driver's license or learner's permit\napplied for is a replacement for one that was lost or destroyed as a\nresult of the crime.\n 4. Driver responsibility assessment. (a) Any person who accumulates\nsix or more points on his or her driving record for acts committed\nwithin an eighteen month period shall become liable to the department\nfor payment of a driver responsibility assessment as provided in this\nsubdivision.\n (b) The amount of the driver responsibility assessment under this\nsection shall be one hundred dollars per year for a three-year period\nfor the first six points on a driver's record and an additional\ntwenty-five dollars per year for each additional point on such driver's\nrecord.\n (c) Upon receipt of evidence that a person is liable for the driver\nresponsibility assessment required by this subdivision, the commissioner\nshall notify such person by first class mail to the address of such\nperson on file with the department or at the current address provided by\nthe United States postal service of the amount of such assessment, the\ntime and manner of making required payments, and that failure to make\npayment shall result in the suspension of his or her driver's license or\nprivilege of obtaining a driver's license.\n (d) If a person shall fail to pay any driver responsibility assessment\nas provided in this subdivision, the commissioner shall suspend such\nperson's driver's license or privilege of obtaining a license. Such\nsuspension shall remain in effect until any and all outstanding driver\nresponsibility assessments have been paid in full.\n (e) Any completion of a motor vehicle accident prevention course\napproved pursuant to article twelve-B of this chapter shall not serve to\nreduce the calculation of points on a person's driving record for the\npurposes of this section.\n (f) Notwithstanding any other provision of law to the contrary,\ncommencing April first, two thousand six and ending March thirty-first,\ntwo thousand fourteen, in each year, the first forty million seven\nhundred thousand dollars of fees collected pursuant to this subdivision\nand section eleven hundred ninety-nine of this chapter, in the\naggregate, shall be paid to the state comptroller who shall deposit such\nmoney in the state treasury pursuant to section one hundred twenty-one\nof the state finance law to the credit of the general fund. Any such\nfees collected in excess of such amount shall be paid to the credit of\nthe comptroller on account of the dedicated highway and bridge trust\nfund established pursuant to section eighty-nine-b of the state finance\nlaw. Commencing April first, two thousand fourteen and for each such\nfiscal year thereafter, any such fees collected pursuant to this\nsubdivision and section eleven hundred ninety-nine of this chapter shall\nbe paid to the credit of the comptroller on account of the dedicated\nhighway and bridge trust fund established pursuant to section\neighty-nine-b of the state finance law.\n