N.Y. Comp. Codes R. & Regs. tit. 15 § 135.7

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

Section 135.7 - Criteria for issuance of a restricted license

(a) The issuance of a restricted license shall be denied to any person in any case in which a review of such person's driving record, or additional information secured by the department, indicates that any of the following conditions apply:

(1) The person has, within the four-year period immediately preceding the date of application, been convicted within or without the State of homicide or assault, criminal negligence or criminally negligent homicide arising out of the operation of a motor vehicle.

(2) The person has, within the four-year period immediately preceding the date of application, been convicted in this State of leaving the scene of a personal injury accident or reckless driving.

(3) The suspension or revocation is issued pursuant to the provisions of subparagraph (ii) or (vii) of paragraph (a) of subdivision 2, or paragraph (e) or (f) of subdivision 3, of section 510 of the Vehicle and Traffic Law.

(4) The person has, within the five-year period immediately preceding the date of application, been convicted of a violation of any subdivision of section 1192 of the Vehicle and Traffic Law, or a similar alcohol-related offense in another jurisdiction, or has had his license revoked for refusal to submit to a chemical test pursuant to subdivision 2 of section 1194 of the Vehicle and Traffic Law, unless after such conviction or revocation such person successfully completed an alcohol and drug rehabilitation program established pursuant to article 21 of the Vehicle and Traffic Law in conjunction with such conviction or revocation.

(5) The person has had a restricted license revoked within the last five years.

(6) The person does not have a currently valid New York State driver's license. This paragraph shall not apply to a person whose New York State driver' s license has expired, but is still renewable, nor to a person who would have a currently valid New York State driver's license except for the revocation or suspension upon which the application for a restricted license is based.

(7) The person has had a prior restricted license within the last three years.

(8) The suspension is for a definite period of 30 days or less, or is a permissive suspension or revocation imposed by a judge pursuant to subdivision (3) of section 510 of the Vehicle and Traffic Law, or is an indefinite suspension which can be terminated by the performance of an act by the licensee.

(9) The person has had a series of convictions, incidents and/or accidents or has a medical or mental condition, which in the judgment of the commissioner or his designated agent tends to establish that the person would be an unusual and immediate risk upon the highways.

(10) The person has a combination of safety factors resulting in 25 or more negative units, as set forth in section 136.6(a) of this Title.

(11) The person was the holder of a limited DJ or limited MJ license at the time of the violation which resulted in the suspension or revocation.

(12) The revocation is issued pursuant to the provisions of subparagraph (x) or (xi) of paragraph (a) of subdivision (2) of section 510 of the Vehicle and Traffic Law.

(13) The conviction, adjudication or finding upon which eligibility for a restricted license is based involved a fatal accident.

(b) If a person has been issued a restricted license, but, prior to the reissuance of a driver's license, information is received by the department which indicates that such person was not eligible for a restricted license, his restricted license will be revoked.

(c) Notwithstanding the provisions of this subdivision, issuance of a restricted license shall not be denied to any person whose license is suspended pursuant to paragraph 3 of subdivision 4-e of section 510 of the Vehicle and Traffic Law for any reason other than such person's failure to otherwise have a valid or renewable driver's license. The issuance of a restricted license issued as a result of a suspension under subdivision 4-e of section 510 of the Vehicle and Traffic Law shall not in any way affect a person's possible eligibility for a restricted license at some future time.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 135.7