N.Y. Comp. Codes R. & Regs. tit. 15 § 3.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 3.3 - General driver licensing procedure

(a)Original licensing.

The provisions of this subdivision shall apply to a person who is not the holder of a valid or renewable New York driver license. Except as provided in subdivision (d) of this section such an applicant for an original license shall make application on a form provided for such purpose to a motor vehicle office.

(1) An appropriate learner's permit shall be issued upon passage of a vision test, submission of all documentation required with respect to age, identity and fitness, payment of all fees required by section 503 of the Vehicle and Traffic Law, the taking of a photo image, and passage of a knowledge test appropriate for the license for which application is being made. An applicant shall be entitled to make an appointment to take a skills test upon submission of evidence of completion of the required prelicensing driver training and highway safety course as provided in Part 7 of this Title.

(2) Upon passage of a skills test, the applicant shall be issued an appropriate interim license at a motor vehicle office or by mail, depending on the class of license. Such license shall not be valid beyond the expiration on it.

(3) If during the course of an application for an original driver license, an applicant does not pass the skills test within the period of validity of the learner's permit, such permit shall expire. If within the period of validity, the applicant fails two skills tests, the application and learner's permit shall expire. A new application procedure may then be commenced, except that a knowledge test shall be waived if that application is for the same type license and is made within two years from the date of passage of the prior knowledge test.

(b)Renewal of a license and enhanced driver license.

A valid driver license may be renewed if the applicant is qualified for renewal of the license by making application on a form provided for such purpose to a motor vehicle office from one year prior to two years after the date of expiration of the prior license, paying the appropriate fees, passing a vision test and having his or her photo image taken. Thereafter, the renewed standard license document shall be mailed to the licensee. Notwithstanding any inconsistent provision of this subdivision, a licensee making application for an enhanced driver license issued pursuant to section 503(2)(f-1) of the Vehicle and Traffic Law may renew more than one year prior to the expiration of their driver license, but in no event earlier than six months from the issuance of the driver license being renewed. The enhanced driver license document shall be mailed to the licensee.

(c)Amendments to the license.

A valid driver license may be amended by making application on a form provided for such purpose to a motor vehicle office, paying all fees and submitting all documentation required and passing the appropriate knowledge and/or skills test or tests if such tests are required.

(d)Issuance of a license after revocation.

If an applicant for a license has had his or her driver license revoked, an application for a new license must be made to the central office of the Department, unless otherwise provided by law. Any fee or penalty required by statute must be paid before such application may be approved. Upon approval of such a license application the usual procedure for obtaining an original license shall apply unless such applicant qualifies for waiver of knowledge and skills tests as provided in Part 8 of this Title.

(e) Issuance of a license to a person licensed in another state or Canadian province. Except as provided in section 3.6 of this Part, a person who is not the holder of a valid or renewable New York State license but holds a valid or renewable driver license issued by another state or Canadian province may be issued a New York driver license without being required to pass a knowledge test or a skills test as provided in Part 8 of this Title.

(f) No employee or agent of the Department of Motor Vehicles shall be involved in the issuance of an enhanced drivers license or non-driver identification card, pursuant to section 503(2)(f-1) or 491(2) of the Vehicle and Traffic Law, unless such employee or agent:

(1) is a United States citizen; and

(2) has undergone a State and FBI fingerprint based criminal history background check, as required under an agreement between the Department of Motor Vehicles and the Federal Department of Homeland Security, entered into pursuant to 8 CFR 235.1 and section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108-458, and such search indicates that such employee or agent has not been convicted of, or charged with, a disqualifying offense as set forth in 49 CFR 1572.103.

(g) The provisions of the Code of Federal Regulations which have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the booklet entitled: Code of Federal Regulations, title 49, part 1572, revised as of March 30, 2007, and 8 CFR 235.1, revised as of April 3, 2008 published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The provisions of the Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108-458, have also been incorporated by reference and have been filed with the Secretary of State of the State of New York. The regulations and public law incorporated by reference may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231, at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Motor Vehicles, Office of Counsel, Six Empire State Plaza, Albany, NY 12228. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402. Copies of the Code of Federal Regulations and public laws are also available at many public libraries and bar association libraries.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 3.3

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