§ 530 — Restricted use licenses

New York § 530

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 5: Drivers' Licenses
• Art. 21-A: Restricted Use Licenses

Text

§ 530. Restricted use licenses. A person whose driving license or\nprivilege of operating a motor vehicle in this state has been heretofore\nsuspended or revoked pursuant to the provisions of section five hundred\nten of this chapter or whose driver's license or privilege has been\nrevoked pursuant to section three hundred eighteen of this chapter and\nfor whom the holding of a valid license is a necessary incident to his\nemployment, business, trade, occupation or profession, or to his travel\nto and from a class or course at an accredited school, college or\nuniversity or at a state approved institution of vocational or technical\ntraining or enroute to and from a medical examination or treatment as\npart of a necessary medical treatment for such participant or member of\nhis household, as evidenced by a written statement to that effect from a\nlicensed medical practitioner may thereafter apply for and may be issued\na restricted use license or if the holder of a license issued by another\njurisdiction valid for operation in this state, a restricted use\nprivilege of operating a motor vehicle in this state as provided herein.\n (1) The issuance of a restricted use license or privilege shall be in\nthe discretion of the commissioner of motor vehicles or his duly\nauthorized agent, who may require the applicant to attend a driver\nrehabilitation program specified by the commissioner, and shall be\nissued only after it is established to the reasonable satisfaction of\nthe issuing officer that a driving license or privilege is a necessary\nincident to the applicant's employment, business, trade, occupation or\nprofession, or to his travel to and from a class or course at an\naccredited school, college or university or at a state approved\ninstitution of vocational or technical training or enroute to and from a\nmedical examination or treatment as part of a necessary medical\ntreatment for such participant or member of his household, as evidenced\nby a written statement to that effect from a licensed medical\npractitioner and that a denial of such license or privilege would\ndeprive the person of his usual means of livelihood and thereby\nconstitute an unwarranted and substantial financial hardship on the\napplicant and his immediate family or would seriously impair such\nperson's ability to meet the requirements of his education.\n (2) Such license or privilege shall not be issued to a person who,\nwithin the four year period immediately preceding the date of\napplication, has been convicted within or without the state of homicide\nor assault arising out of the operation of a motor vehicle, of\ncriminally negligent homicide or criminal negligence in the operation of\na motor vehicle resulting in death, or has been convicted within the\nstate of a violation of subdivision two of section six hundred of this\nchapter or of reckless driving. Such license or privilege shall not be\nissued to a person whose license or privilege, at the time of\napplication, is revoked pursuant to the provisions of subparagraph (x)\nor (xi) of paragraph a of subdivision two of section five hundred ten of\nthis chapter. Such license or privilege shall not be issued to a person\nwhose license or privilege is suspended or revoked because of a\nconviction of a violation of subdivision one, two, two-a, three, four or\nfour-a of section eleven hundred ninety-two of this chapter or a similar\noffense in another jurisdiction, or whose license or privilege is\nrevoked by the commissioner for refusal to submit to a chemical test\npursuant to subdivision two of section eleven hundred ninety-four of\nthis chapter. Such license or privilege shall not be issued to a person\nwho within the five year period immediately preceding the date of\napplication for such license or privilege has been convicted of a\nviolation of subdivision one, two, two-a, three, four or four-a of\nsection eleven hundred ninety-two of this chapter or a similar\nalcohol-related offense in another jurisdiction, or whose license or\nprivilege has been revoked by the commissioner for refusal to submit to\na chemical test pursuant to subdivision two of section eleven hundred\nninety-four of this chapter, except that such a license or privilege may\nbe issued to such a person if, after such conviction or revocation, such\nperson successfully completed an alcohol and drug rehabilitation program\nestablished pursuant to article thirty-one of this chapter in\nconjunction with such conviction or revocation. Provided, however, that\nnothing herein shall be construed as prohibiting an operator from being\nissued a limited or conditional license or privilege pursuant to any\nalcohol rehabilitation program established pursuant to this chapter.\n (3) Such license or privilege and renewal thereof shall be issued for\na period not exceeding the period during which such person's regular\ndriver's license or privilege has been suspended or revoked, shall be\nmarked and identified as a restricted use license or privilege and shall\nbe valid only: (a) during the time the holder is actually engaged in\npursuing or commuting to or from his business, trade, occupation or\nprofession, (b) en route to and from a driver rehabilitation program or\nrelated activity specified by the commissioner at which his attendance\nis required, (c) to and from a class or course at an accredited school,\ncollege or university or at a state approved institution of vocational\nor technical training, (d) enroute to and from a medical examination or\ntreatment as part of a necessary medical treatment for such participant\nor member of his household, as evidenced by a written statement to that\neffect from a licensed medical practitioner, or (e) enroute to and from\na place, including a school, at which the child or children of the\nholder are cared for on a regular basis and which is necessary for the\nholder to maintain such holder's employment or enrollment at an\naccredited school, college or university or at a state approved\ninstitution of vocational or technical training and shall contain the\nterms and conditions under which it is issued and is valid. In the event\nthe holder of a restricted use license or privilege is convicted of: any\nviolation (other than parking, stopping or standing) or of operating a\nmotor vehicle for other than his employment, business, trade,\noccupational or professional or other purposes for which the license or\nprivilege was issued, or does not comply with other requirements\nestablished by the commissioner, such license or privilege may be\nrevoked and the holder shall not be eligible to receive a license or\nprivilege pursuant to this section for a period of five years from the\ndate of such revocation.\n (4) The fee for a restricted use license or privilege shall be\nseventy-five dollars to be paid upon the issuance thereof, and such fee\nshall not be refundable.\n (4-a) Fees assessed for a restricted use license or privilege shall be\npaid to the commissioner for deposit in the general fund.\n * (5) A restricted use license or privilege shall be valid for the\noperation of any motor vehicle, except a vehicle for hire as a taxicab,\nlivery, coach, limousine, van or wheelchair accessible van or tow truck\nas defined in this chapter subject to the conditions set forth herein,\nwhich the holder would otherwise be entitled to operate had his drivers\nlicense or privilege not been suspended or revoked. Notwithstanding\nanything to the contrary in a certificate of relief from disabilities or\na certificate of good conduct issued pursuant to article twenty-three of\nthe correction law, a restricted use license shall not be valid for the\noperation of a commercial motor vehicle. A restricted use license shall\nnot be valid for the operation of a vehicle for hire as a taxicab,\nlivery, coach, limousine, van or wheelchair accessible van or tow truck\nwhere the holder thereof had his or her drivers license suspended or\nrevoked and (i) such suspension or revocation is mandatory pursuant to\nthe provisions of subdivision two or two-a of section five hundred ten\nof this title; or (ii) any such suspension is permissive for habitual or\npersistent violations of this chapter or any local law relating to\ntraffic as set forth in paragraph d or i of subdivision three of section\nfive hundred ten of this title; or (iii) any such suspension is\npermissive and has been imposed by a magistrate, justice or judge of any\ncity, town or village, any supreme court justice, any county judge, or\njudge of a district court. Except for a commercial motor vehicle as\ndefined in subdivision four of section five hundred one-a of this title,\nthe restrictions on types of vehicles which may be operated with a\nrestricted license contained in this subdivision shall not be applicable\nto a restricted license issued to a person whose license has been\nsuspended pursuant to paragraph three of subdivision four-e of section\nfive hundred ten of this title.\n * NB Effective until August 31, 2027\n * (5) A restricted use license or privilege shall be valid for the\noperation of any motor vehicle, except a commercial motor vehicle or a\nvehicle for hire as a taxicab, livery, coach, limousine, van or\nwheelchair accessible van or tow truck as defined in this chapter\nsubject to the conditions set forth herein, which the holder would\notherwise be entitled to operate had his drivers license or privilege\nnot been suspended or revoked. A restricted use license shall not be\nvalid for the operation of a vehicle for hire as a taxicab, livery,\ncoach, limousine, van or wheelchair accessible van or tow truck where\nthe holder thereof had his or her drivers license suspended or revoked\nand (i) such suspension or revocation is mandatory pursuant to the\nprovisions of subdivision two or two-a of section five hundred ten of\nthis chapter or (ii) any such suspension is permissive for habitual or\npersistent violations of this chapter or any local law relating to\ntraffic as set forth in paragraph (d) or (i) of subdivision three of\nsection five hundred ten of this chapter; or (iii) any such suspension\nis permissive and has been imposed by a magistrate, justice or judge of\nany city, town or village, any supreme court justice, any county judge,\nor judge of a district court.\n * NB Effective August 31, 2027\n * (5-a) Issuance of a restricted license shall not be denied to any\nperson whose license is suspended pursuant to paragraph three of\nsubdivision four-e of section five hundred ten of this chapter for any\nreason other than such person's failure to otherwise have a valid or\nrenewable driver's license. The issuance of a restricted license issued\nas a result of a suspension under subdivision four-e of section five\nhundred ten of this chapter shall not in any way affect a person's\npossible eligibility for a restricted license at some future time.\n * NB Repealed August 31, 2027\n (5-b) Issuance of a restricted license shall not be denied to any\nperson whose license is suspended pursuant to subdivision four-f of\nsection five hundred ten of this title for any reason other than such\nperson's failure to otherwise have a valid or renewable driver's\nlicense. The restrictions on the types of vehicles which may be operated\nwith a restricted license contained in such subdivision five of this\nsection shall not be applicable to a restricted license issued to a\nperson pursuant to subdivision four-f of section five hundred ten of\nthis title. The issuance of a restricted license issued as a result of a\nsuspension under subdivision four-f of section five hundred ten of this\ntitle shall not in any way affect a person's eligibility for a\nrestricted license at some future time.\n (6) It shall be a traffic infraction for the holder of a restricted\nuse license or privilege to operate a motor vehicle upon a public\nhighway for any use other than those authorized pursuant to subdivision\nthree of this section.\n (7) Subject to the limitation prescribed in subdivision four of this\nsection, a restricted use license or privilege shall be valid until the\nexpiration date of any unrestricted driver's license which was held by\nsuch person prior to the suspension or revocation upon which the\nrestricted use license or privilege has been issued. Upon such\nexpiration, the restricted use license or privilege may be renewed for\nthe same fee for which such unrestricted license could have been renewed\nand such renewal fee shall be applied to the renewal, if issued by this\nstate, or reissuance of his unrestricted driver's license when such\nlicense is eligible for issuance.\n (8) The commissioner shall establish a schedule of fees to be paid by\nor on behalf of each person who is required to attend a driver\nrehabilitation program as a condition to the issuance of a restricted\nuse license or privilege, and he may, from time to time, modify the\nsame. Such fees shall defray the ongoing expenses of the program. In no\nevent shall such fee be refundable. A driver improvement program\nestablished pursuant to section five hundred twenty-three-a of this\nchapter may be designated by the commissioner as a driver rehabilitation\nprogram under this section if the curriculum and other requirements both\nfor the purposes of this section and section five hundred twenty-three-a\nof this chapter are satisfied by such program. Where the commissioner\nhas approved any driver improvement program conducted by local\nauthorities as a driver rehabilitation program under this section, any\nfee required for attendance at such program shall be paid to the agency\nconducting such program.\n (9) In order to effectuate the purpose of this section the\ncommissioner shall establish and publish rules and regulations as may be\nnecessary for the administration hereof.\n