N.Y. Comp. Codes R. & Regs. tit. 15 § 135.9

Current through Register Vol. 46, No. 16, April 17, 2024

Section 135.9 - Restricted license

A restricted license will be issued only by the department which will establish the conditions applicable to each individual license based upon information submitted by the applicant.

(a) Form of restricted license. The restricted license will be a two-part form. One part shall be computer-generated and will bear a notation indicating that it is a restricted license. The other part will be manually generated and will contain the specific conditions applicable to that particular restricted license. The holder of a restricted license, when required to display such license, must display both parts of such license. Such license must be amended whenever there is a change in the licensee's situation.

(b) Establishment of conditions. Each restricted license shall contain the condition that such license shall be subject to revocation for operation outside of the limitations appearing on such license. Each restricted license will contain the limitations or use of such license as prescribed by the department, and as accepted by the holder. Such license shall be limited to operation: to and from the holder's place of employment or education; during the course of employment or education, when required; to and from a medical examination or treatment as part of a necessary medical treatment for such participant or member of his household, as evidenced by a written statement to that effect from a licensed medical practitioner; to and from a driver rehabilitation program which the holder is required to attend; to and from offices of the department in conjunction with the driver rehabilitation program or the issuance or amendment of a restricted license or driver's license, or en route to and from a place including a school, at which the child or children or the holder are cared for on a regular basis and which is necessary for the holder to maintain such holder's employment or enrollment at an accredited school, college or university or at a State-approved institution of vocational or technical training. Any restricted license issued on or after February 19, 1991, shall be limited to the operation of vehicles which are not commercial motor vehicles as defined in section 501-a of the Vehicle and Traffic Law or which are not for-hire vehicles as set forth in section 530 of such law; provided, however, except for a commercial motor vehicle as defined in subdivision four of section 501-a of the Vehicle and Traffic Law, that the restrictions on types of vehicles which may be operated with a restricted license contained in this paragraph shall not be applicable to a restricted license issued to a person whose license has been suspended pursuant to paragraph 3 of subdivision 4-e of section 510 of such law.

(c) Revocation of restricted license. A restricted license which has been issued shall be revoked upon: the holder's conviction of any traffic violation, other than parking, stopping, standing, equipment, inspection or other nonmoving violations where such violation occurred during the period of validity of the restricted license; or for the holder's failure to attend any portion or portions of the alcohol and drug rehabilitation program where such attendance is required by section 135.5(d) of this Part. A revocation for any of the above reasons shall be issued without a hearing based upon receipt of a certificate or certificates of conviction. In addition, the commissioner may revoke a restricted license after a hearing, based upon a complaint that the holder is operating or has operated a motor vehicle in violation of the conditions imposed in his restricted use license. The commissioner may also revoke a restricted license without a hearing upon receipt of a certificate of conviction which indicates that the applicant has driven in violation of the conditions of such license.

(d) Extra-territorial effect of restricted license. Whether a restricted license will be honored by other states will be dependent upon the laws of each such other state. This State will honor a similar type license issued by another state to a resident of the issuing state to the extent of the conditions imposed. The holder of a restricted license issued pursuant to article 21-A of the Vehicle and Traffic Law should check with the appropriate motor vehicle authorities of any other state in such other state.

(e) Period of validity of restricted use license. Unless otherwise revoked by the commissioner, or voluntarily surrendered to the commissioner, a restricted use license will be valid from the date of its issuance until the expiration date contained thereon or until the holder's driver's license is returned to him, whichever occurs first.

(f) Limitation on renewal of restricted license. A restricted license shall not be renewed more than one year after the issuance of the restricted license if the revocation, upon which the restricted license was based, was issued pursuant to section 318 of the Vehicle and Traffic Law and if the holder of the restricted license has not paid the civil penalty required by article 6 of the Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 135.9