N.Y. Comp. Codes R. & Regs. tit. 15 § 136.10

Current through Register Vol. 46, No. 18, May 1, 2024

Section 136.10 - Application for relicensing

(a) Application by the holder of a post-revocation conditional license. Upon the termination of the period of probation set by the court, the holder of a post-revocation conditional license may apply to the commissioner for restoration of a license or privilege to operate a motor vehicle. An application for licensure may be approved if the applicant demonstrates that he or she:

(1) has a valid post-revocation conditional license; and

(2) has demonstrated evidence of rehabilitation as required by this Part.

(b) Application after permanent revocation. The commissioner may waive the permanent revocation of a driver's license, pursuant to Vehicle and Traffic Law section 1193(2)(b)(12)(b) and (e), only if the statutorily required waiting period of either five or eight years has expired since the imposition of the permanent revocation and, during such period, the applicant has not been found to have refused to submit to a chemical test pursuant to Vehicle and Traffic Law section 1194 and has not been convicted of any violation of section 1192 or section 511 of such law or a violation of the Penal Law for which a violation of any subdivision of such section 1192 is an essential element. In addition, the waiver shall be granted only if:

(1) the applicant presents proof of successful completion of a rehabilitation program approved by the commissioner within one year prior to the date of the application for the waiver; provided, however, if the applicant completed such program before such time, the applicant must present proof of completion of an alcohol and drug dependency assessment within one year of the date of application for the waiver; and

(2) the applicant submits to the commissioner a certificate of relief from civil disabilities or a certificate of good conduct pursuant to article 23 of the Correction Law; and

(3) the application is not denied pursuant to section 136.4 or section 136.5 of this Part; and

(4) there are no incidents of driving during the period prior to the application for the waiver, as indicated by accidents, convictions or pending tickets. The consideration of an application for a waiver when the applicant has a pending ticket shall be held in abeyance until such ticket is disposed of by the court or tribunal.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 136.10