N.Y. Comp. Codes R. & Regs. tit. 15 § 3.5
Current through Register Vol. 46, No. 45, November 2, 2024
Section 3.5 - Skills tests(a)Representative vehicles.Subdivision (5) of section 501-a of the Vehicle and Traffic Law provides that the Commissioner shall specify by regulation the type of motor vehicle or combination of vehicles that an applicant for a driver's license must operate during a skills test in order to receive a specific class of license or endorsement. The following types of vehicles and combinations of vehicles are representative vehicles for the various licenses classes and endorsements listed below.
(1) If a skills test is taken and passed in a tractor-trailer combination (GCWR more than 26,000 lbs., GVWR of trailer more than 10,000 lbs.) and the CDL general knowledge and combination vehicle tests are passed, a class A license will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed, an air brake (L) restriction will be placed on the license. A class non-commercial class license with a farm (F) endorsement will be issued if a CDL general knowledge test has not been passed.(2) If a skills test is taken and passed in a bus tractor-trailer combination, and the CDL general knowledge, combination vehicle and passenger tests are passed, a class A license with a P endorsement will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed, an air brake (L) restriction will be placed on the license.(3) If a skills test is taken and passed in a truck-trailer combination (truck over 26,000 lbs. GVWR trailer over 10,000 lbs. GVWR) and the CDL general knowledge and combination vehicle tests have been passed, a class A license with truck trailer combination only (O) restriction will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed, an air brake (L) restriction will be placed on the license. If a skills test is taken in a vehicle equipped with air over hydraulic brakes, a Z restriction must be placed on the CDL. Air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle. A non-commercial class license with a covered farm (F) vehicle endorsement with a truck trailer combination only (O) restriction will be issued if a CDL general knowledge test has not been passed. A class C license with a personal use vehicle (R) endorsement will be issued if a CDL general knowledge test has not been passed. (4) If a skills test is taken and passed in a truck-trailer combination (truck up to 26,000 lbs. GVWR trailer over 10,000 lbs. GVWR) and the CDL general knowledge and combination vehicle test have been passed, a class A license with a truck-trailer combination only (truck cannot exceed 26,000 lbs. GVWR) (01) restriction will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed, an air brake (L) restriction will be placed on the license. If a skills test is taken in a vehicle equipped with air over hydraulic brakes ,a Z restriction must be placed on the CDL. Air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle. A non-commercial class license with a covered farm (F) vehicle endorsement with a truck-trailer combination only (truck cannot exceed 26,000 lbs. GVWR) (01) restriction will be issued if a CDL general knowledge test has not been passed. A class C license with a personal use vehicle (R) endorsement will be issued if a CDL general knowledge test has not been passed. (6) If a skills test is taken and passed in a truck with a GVWR over 26,000 lbs. and the CDL general knowledge test has been passed, a class B license will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed, an air brake (L) restriction will be placed on the license. If a skills test is taken in a vehicle equipped with air over hydraulic brakes, a Z restriction must be placed on the CDL. Air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle. A non-commercial class license with a covered farm (G) vehicle endorsement will be issued if a CDL general knowledge test has not been passed. A class C license with a personal use vehicle (R) endorsement will be issued if a CDL general knowledge test has not been passed.(8) If a skills test is taken and passed in a bus over 26,000 lbs. GVWR and the CDL general knowledge and passenger endorsement tests have been passed, a class B license with a passenger (P) endorsement will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed an air brake (L) restriction will be placed on the license. If a skills test is taken in a vehicle equipped with air over hydraulic brakes, a Z restriction must be placed on the CDL. Air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle.(9) If a skills test is taken and passed in a bus up to 26,000 lbs. GVWR and the CDL general knowledge and passenger endorsement tests have been passed, a class C license with a passenger (P) endorsement shall be issued. If the skills test is taken in a vehicle with a designed adult seating capacity of not more than seven passengers, an N2 restriction will be placed on the passenger endorsement. If the skills test is taken in a passenger vehicle with a designed adult seating capacity of from 8 to 14 passengers an N1 restriction will be placed on the passenger endorsement. If the skills test is taken on a passenger vehicle with a designed adult seating capacity of 15 or more passengers an (N) restriction will be placed on the endorsement.(10) If a skills test is taken and passed in a motor vehicle not more than 26,000 lbs. GVWR and no CDL general knowledge test has been passed, either a class E, D or DJ license will be issued dependent upon the class for which application has been made and the age of the applicant. A class C license with an H endorsement will be issued if the CDL general knowledge and CDL hazardous material tests have been passed. A class C license with a passenger (P) endorsement will be issued if the CDL general knowledge and passenger endorsement tests have been passed. If the skills test is taken in a vehicle with a designed adult seating capacity of not more than seven passengers, an N2 restriction will be placed on the passenger endorsement. If the skills test is taken in a passenger vehicle with a designed adult seating capacity of from 8 to 14 passengers an N1 restriction will be placed on the passenger endorsement. If the skills test is taken on a passenger vehicle with a designed adult seating capacity of 15 or more passengers an (N) restriction will be placed on the endorsement.(11) If a skills test is taken and passed in a limited use automobile with a maximum speed of 40 MPH, a class D or DJ license will be issued with a limited use automobile (I) restriction (limited to operation of limited use automobiles maximum speed 40 MPH).(12) If a skills test is taken and passed on a motorcycle, a class M or MJ license will be issued. If the test was taken on a three-wheeled motorcycle, the license will have a three- wheeled motorcycle (I4) restriction or if taken on a limited use motorcycle, a limited use motorcycle (I1, I2, or I3) restriction will be placed on the license restricting operation to limited use motorcycles with the respective maximum speeds: 40 MPH, 30 MPH and 20 MPH.(13) In addition to the other requirements of this Part, if a skills test is taken and passed in a school bus over 26,000 lbs. GVWR or with a designed adult seating capacity of 15 or more passengers and the CDL general knowledge, passenger, and school bus endorsement tests have been passed, a school bus (S) endorsement will be placed on the CDL license.(b)Multiple skills tests.If a licensee wishes to operate different types of vehicles for which skills tests in different types of representative vehicles must be taken, the licensee must take and pass separate skills tests in each type of representative vehicle.
(c)Limitations on skills tests.Unless the applicant already holds a valid New York State license, no skills test will be given in any representative vehicle other than a vehicle which may be driven with a class E or M license.
(d)Refusal to give skills test.An applicant may be refused a skills test if the vehicle in which the applicant is to be tested does not comply with the law, if the applicant does not have proper documents, if the accompanying driver (if required) is not properly licensed, or if the vehicle is carrying a dangerous load. Loads may be checked by the person giving the skills test.
(e)(1) Use of recording equipment prohibited in motor vehicles. No applicant or any other person, other than a Department of Motor Vehicles employee or other party designated by the department, may use any audio, visual or other recording equipment in or on a motor vehicle operated by an applicant during a skills test. The skills test shall not be conducted if the applicant or any other person, other than a Department of Motor Vehicles employee or other designated party, uses or attempts to use audio, visual or other recording equipment during the skills test.(2) The provisions of paragraph (1) of this subdivision shall not apply to equipment that is installed in or on a motor vehicle by the department or a party designated by the department for security or employee monitoring purposes. The Department of Motor Vehicles employee conducting the skills test shall determine if the skills test may be taken with such equipment installed in or on the vehicle.N.Y. Comp. Codes R. & Regs. Tit. 15 § 3.5
Amended, New York State Register, Volume XXXVI, Issue 28, effective 7/16/2014Amended New York State Register May 20, 2015/Volume XXXVII, Issue 20, eff. 7/8/2015Amended New York State Register July 6, 2016/Volume XXXVIII, Issue 27, eff. 7/6/2016