N.Y. Comp. Codes R. & Regs. tit. 15 § 135.5

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

Section 135.5 - Procedure to be followed by motorist who receives notice of revocation or suspension

(a) If it is determined that a motorist is not eligible for a restricted license, the motorist is required to surrender his driver's license, if such license has not already been surrendered. An application for a restricted license shall not be issued by the Department of Motor Vehicles.

(b) If a motorist has had his or her driver's license suspended or revoked pursuant to section 510 of the Vehicle and Traffic Law and the department has determined that such motorist is eligible for a restricted license, the motorist may, upon receipt of a revocation or suspension order issued by the commissioner, make application for such a license to a motor vehicle issuing office. To make such an application, the motorist must submit the application for such license, all required fees, a completed waiver form and any other necessary forms and proof of compliance with the appropriate suspension or revocation order as directed on the notice of revocation or suspension. The commissioner or designated person shall make a determination as to the motorist's need to have a restricted license and shall apply the criteria set forth in section 135.7 of this Part to determine the final eligibility for a restricted license. If eligible and found to be in need of a restricted license, a restricted license will be issued in accordance with this Part.

(c) If a motorist has had his or her driver's license revoked pursuant to section 318 of the Vehicle and Traffic Law, the motorist may, upon receipt of a revocation order issued by the commissioner, make application for a restricted license to a motor vehicle issuing office. To make such an application, the motorist must submit an application for such license, all required fees, a completed waiver form and any other necessary forms and proof of compliance with the appropriate revocation order or orders as directed on the notice or notices of revocation. The commissioner or designated person shall make a determination as to the motorist's need to have a restricted license and will make a review of the person's driving record to determine whether such person meets the provisions of section 135.2 of this Part and the criteria set forth in section 135.7 of this Part for eligibility for the issuance of a restricted license. If eligible and found to be in need of a restricted license, a restricted license will be issued in accordance with this Part.

(d) If a motorist has had his driver's license suspended pursuant to section 510 of the Vehicle and Traffic Law for a conviction of section 1192(4) of such law, and the department has determined that he is eligible for a restricted license, such motorist must participate in and satisfactorily complete a rehabilitation program as set forth in section 134.10 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 135.5