N.Y. Comp. Codes R. & Regs. tit. 15 § 3.2

Current through Register Vol. 46, No. 17, April 24, 2024

Section 3.2 - Driver license classifications, endorsements and restrictions

Subdivision one of section 501 provides that a driver license shall be valid only for the operation of the vehicles specified for each class of license but shall not be valid for the operation of any type of vehicle for which an endorsement is required unless the license contains such endorsement and further that such license shall also be subject to any restrictions contained on the license.

(a)License classifications.

Paragraph (a) of subdivision two of section 501 of the Vehicle and Traffic Law establishes eight classes of driver licenses and sets forth the vehicles which may be operated with each such class subject to any required endorsements and any restrictions which may be made to any such license. The license classes are: A, B, C, D, E, DJ, M and MJ. Class A, class B and class C licenses which contain an H, P, S or X endorsement are commercial driver licenses or CDLs. Any other class license, including a class C license which does not contain an H, P, S or X endorsement is not a CDL. No license may contain more than one class except that any license may contain a motorcycle M class in addition to its other class. A license which has both a motorcycle and a DJ class will be designated as a DMJ license. No person shall apply for a commercial learner's permit unless such person holds a class D license. A commercial learner's permit may not be issued with an endorsement authorized by federal regulation, other than a P, S or N endorsement.

(b)Endorsements.

Paragraph (b) of subdivision two of section 501 specifically establishes endorsements which may be added to one or more classes of licenses and further provides that the commissioner may by regulation establish additional endorsements. An endorsement is required on a license in order for the licensee to operate the type of vehicle or combination of vehicles or to transport passengers for the type of cargo specified in the endorsement. A license may contain multiple endorsements.

(1) Statutory endorsements. The endorsements established in statute are T, N, P, X, H, S, W, covered farm vehicle, and personal use vehicle endorsements. A covered farm vehicle endorsement or a personal use vehicle endorsement shall only be added to a license which is not a CDL. T, N, P, X, S or H endorsement shall only be added to a CDL. A W endorsement may be added to a CDL license or to a license that is not a CDL.

(i) CDL endorsements. A P endorsement which is needed to operate a bus or any motor vehicle with a gross vehicle weight or gross vehicle weight rating of more than 26,000 pounds which is designed to transport passengers in commerce requires passage of both a special knowledge test and a skills test in a representative vehicle. An S endorsement which is needed to operate a school bus requires passage of both a special knowledge test and a skills test in a representative vehicle. The holder of an S endorsement must also hold a P endorsement. T, N, H, W or X endorsements which are needed to operate the following vehicles or combinations require only the passage of a knowledge test for each endorsement by the licensee:

T - double and triple trailers

N - tank vehicles

H - vehicles transporting hazardous materials which are required to be placarded

W - tow trucks

X - combines H & N endorsements

(a) Metal coil endorsement. (M) This endorsement shall be issued to the holder of a commercial driver's license who transports metal coils weighing 5,000 pounds or more or bundled metal coils weighing 5,000 pounds or more.

(b) A metal coil is a product comprised of mixtures, compounds and/or alloys commonly known as metal, metal foil, metal leaf, forged metal, stamped metal, metal wire or metal chain that are generally good conductors of electricity and heat and can be melted or fused, hammered into thin sheets, or drawn into wire that are bulk packaged or packaged from a continuous pull or multiple pulls as a roll, coil, spool, wind or wrap and where the aggregate weight of the coil is equal to or greater than 5,000 pounds.

(ii) Covered Farm Vehicle endorsement. There are two types of covered farm vehicle endorsements F and G. The F endorsement is required on a non-CDL for operation of covered farm vehicles and covered farm vehicle combinations over 26,000 lbs. The G endorsement is required on a non-CDL for operation of single covered farm vehicles over 26,000 lbs. All of the covered farm vehicle endorsements are limited to operation of the covered farm vehicle or combinations within 150 air miles of the farm or ranch. Beyond that distance, an appropriate class CDL is required. Covered farm vehicle endorsements shall be issued for appropriate class licenses upon passage of an appropriate non-CDL knowledge test and skills test in a representative vehicle.

(iii) Personal use vehicle endorsement. An R endorsement is the personal use vehicle endorsement. It is required on a non-CDL for operation of recreational vehicles and rental vehicles over 26,000 pounds GVWR or over forty feet in length for transportation of personal household goods. It shall be issued upon passage of a skills test in a recreational vehicle over 26,000 pounds GVWR or over forty feet in length when the licensee has not passed a CDL skills test.

(c)Restrictions.

Paragraph (c) of subdivision two of section 501 specifically provides for three types of restrictions which may be placed on license classes or endorsements and further provides that the commissioner may by regulation establish additional restrictions. A restriction on a license limits the type of vehicles or combinations which can be operated with the license on which the restriction appears or specifies prosthetic devices or equipment which are required in order to operate a vehicle. A license may contain multiple restrictions.

(1) Statutory restrictions. The statutory restrictions are based upon the vehicle in which the skills test required for licensing has been passed. Of the three types of statutory restrictions, the air brake restriction will only be added to a CDL. The other statutory restrictions which limit operation to specific types or combinations of vehicles or to vehicles or combinations of vehicles of less than a specified GVWR may be added to any type of license. If the test vehicle did not have air brakes and if the knowledge test relating to air brakes is not passed an air brake restriction which prohibits the operation of vehicles with air brakes will be placed on a CDL. If the skills test is taken in a truck-trailer combination, a restriction limiting the operation of a combination of vehicles to truck-trailer combinations will be placed on the license. A weight restriction will be placed on a CDL based upon the GVWR of the vehicle in which the test is taken. Ordinarily, the weight restriction shall be based upon the following GVWRs: 26,000 lbs. and 18,000 lbs. except that a class C license with a P endorsement may have a weight restriction limiting operation to passenger vehicles having a GVWR of not more than 10,000 lbs. Different weight restrictions for different types of vehicles may be placed upon the same license.

(2) Restrictions established by regulation. Restrictions established by regulations are based upon physical condition or other limitations of the licensee.

(3)

Code	Restriction	Code	Restriction
A	ACCEL LEFT OF BRAKE	N	NO CLASS A OR B PASSENGER VEHICLE
A2	PROBLEM DRIVER
A3	MED CERT EXEMPT	N1	NO VEHICLE WITH DESIGNED ADULT SEATING CAPACITY OF 15 OR MORE PASSENGERS
A4	INTERLOCK DEVICE	N2	NO VEHICLE WITH DESIGNED ADULT SEATING CAPACITY OF 8 OR MORE PASSENGERS
B	CORRECTIVE LENSES	O	NO TRACTOR TRAILER CMV
C	MECHANICAL AID	O1	No TRACTOR TRAILER CMV/TRUCK NOT OVER 26,000 GVWR
D	PROSTHETIC DEVICE	P	NO PASSENGERS IN CMV BUS
		P1	POWER BRAKES
E	NO MANUAL TRANSMISSION EQUIPPED CMV	Q	POWER STEERING
E1	AUTOMATIC TRANSMISSION
F	OUTSIDE MIRRORS	R	BUILT UP SEAT/PED/ SHOE
F1	HEARING AID/FULL VIEW MIRROR
G	DAYLIGHT DRIVING ONLY
H	LIMITED TO EMPLOYMENT	T	CMV TRACTOR ONLY
I	LIMITED USE AUTO	U	HAND OPERATED BRAKE
I1	LIMITED USE MCY MAX40 MPH	V	MEDICAL VARIANCE
I2	LIMITED USE MCY MAX30 MPH	V1	FOOT OPER PARKING BRAKE
I3	LIMITED USE MCY MAX20 MPH	X	NO CARGO IN CMV TANK VEHICLE
		X1	FULL HAND CONTROL
I4	THREE WHEEL MCY	Y	SHOULDER HARNESS USE
J	OTHER	Z	NO FULL AIR BRAKE EQUIPPED CMV
		Z1	WHEEL SPINNER
K	CDL INTRASTATE ONLY (DOES NOT PERMIT OPERATION OUTSIDE OF NYS IN INTERSTATE COMMERCE)	3	TELESCOPIC LENS
L	NO AIR BRAKES EQUIPPED CMV	5	NO LIMITED ACCESS ROADS
M	NO CLASS A PASSENGER VEHICLE

(4) A2-Problem driver restriction. The operation of a motor vehicle shall be subject to the driving restrictions set forth in section 135.9(b) of this Title and the conditions set forth in section 136.4(b) of this Title. As part of this restriction, the commissioner may require a person assigned the problem driver restriction to install an ignition interlock device in any motor vehicle that may be operated with a Class D license or permit and that is owned or operated by such person. The ignition interlock requirement will be noted on an attachment to the driver's license or permit held by such person. Such attachment must be carried at all times with the driver license or permit.

(5) Commercial learner's permit restrictions. Every commercial learner's permit wit h a P (passenger) or S (school bus) endorsement must also carry a P restriction. Every commercial learner's permit with a T (tank) endorsement must also carry an X restriction. Every class B commercial learner's permit wit haPorS endorsement must also carry an M restriction

N.Y. Comp. Codes R. & Regs. Tit. 15 § 3.2

Amended, New York State Register, Volume XXXVI, Issue 28, effective 7/16/2014

Amended New York State Register May 20, 2015/Volume XXXVII, Issue 20, eff.7/8/2015

Amended New York State Register July 6, 2016/Volume XXXVIII, Issue 27, eff. 7/6/2016