N.Y. Vehicle & Traffic Law § 501: Drivers' licenses and learners' permits

§ 501. Drivers' licenses and learners' permits. 1. The commissioner

shall issue classified drivers' licenses as provided in this article.

Any such license shall be valid only for the operation of the type of

vehicles specified for each such class of license but shall not be valid

for the operation of any type of vehicle for which an endorsement is

required by this section or regulations promulgated hereunder unless the

license contains such endorsement and shall be subject to any

restrictions contained thereon.

2. Driver license classifications, endorsements and restrictions and

exceptions. (a) License classifications. (i) Class A. Such license shall

be valid to operate any motor vehicle or any combination of vehicles

except it shall not be valid to operate a motorcycle other than a class

B or C limited use motorcycle.

(ii) Class B. Such license shall be valid to operate any vehicle or

combination of vehicles which may be operated with a class E license and

shall be valid to operate any motor vehicle or any such vehicle, other

than a tractor, towing a vehicle having a GVWR of not more than ten

thousand pounds and shall be valid to operate any altered motor vehicle

commonly referred to as a "stretch limousine" having a seating capacity

of nine or more passengers including the driver except it shall not be

valid to operate a motorcycle other than a class B or C limited use

motorcycle.

(iii) Class C. Such license shall be valid to operate any vehicle or

combination of vehicles which may be operated with a class E license and

shall be valid to operate any motor vehicle with a GVWR of not more than

twenty-six thousand pounds and any such vehicle towing another vehicle

with a GVWR of not more than ten thousand pounds except it shall not be

valid to operate a tractor or a motorcycle other than a class B or C

limited use motorcycle.

(iv) Class D. Such license shall be valid to operate any passenger or

limited use automobile or any truck with a GVWR of not more than

twenty-six thousand pounds or any such vehicle towing a vehicle with a

GVWR of not more than ten thousand pounds, or any such vehicle towing

another vehicle with a GVWR of more than ten thousand pounds provided

such combination of vehicles has a GCWR of not more than twenty-six

thousand pounds, or any personal use vehicle with a GVWR of not more

than twenty-six thousand pounds or any such vehicle towing a vehicle

with a GVWR of not more than ten thousand pounds, except it shall not be

valid to operate a tractor, a motorcycle other than a class B or C

limited use motorcycle, a vehicle used to transport passengers for hire

or for which a hazardous materials endorsement is required, or a vehicle

defined as a bus in subdivision one of section five hundred nine-a of

this title. Such license also shall be valid to operate a three-wheeled

motor vehicle that has two wheels situated in the front and one wheel in

the rear, has a steering mechanism and seating which does not require

the operator to straddle or sit astride, is equipped with safety belts

for all occupants and is manufactured to comply with federal motor

vehicle safety standards for motorcycles including, but not limited to,

49 C.F.R. part 571.

(v) Class E. Such license shall be valid to operate only vehicles

which may be operated with a class D license, except that in addition it

shall be valid to operate any such motor vehicle, other than a vehicle

defined as a bus in subdivision one of section five hundred nine-a of

this chapter, used to transport up to fourteen passengers for hire and

other than an altered motor vehicle commonly referred to as a "stretch

limousine" having a seating capacity of nine or more passengers

including the driver.

(vi) Class DJ. Such license shall be valid to operate only vehicles

which may be operated with a class D license by a person under eighteen

years of age, except it shall not be valid to operate a motor vehicle

with an unladen weight or a GVWR of more than ten thousand pounds or any

motor vehicle towing another vehicle with an unladen weight or GVWR of

more than three thousand pounds. Such license shall automatically become

a class D license when the holder becomes eighteen years of age.

(vii) Class M. Such license shall be valid to operate any motorcycle,

or any motorcycle, other than a limited use motorcycle, towing a

trailer. Such license also shall be valid to operate a three-wheeled

motor vehicle that has two wheels situated in the front and one wheel in

the rear, has a steering mechanism and seating which does not require

the operator to straddle or sit astride, is equipped with safety belts

for all occupants and is manufactured to comply with federal motor

vehicle safety standards for motorcycles including, but not limited to,

49 C.F.R. part 571.

(viii) Class MJ. Such license shall be valid to operate any motorcycle

or limited use motorcycle by a person under eighteen years of age. Such

license shall automatically become a class M license when the holder

becomes eighteen years of age.

(b) Endorsements. The following endorsements shall be required to

operate vehicles as set forth herein. In addition the commissioner by

regulation may provide for further endorsements.

(i) T endorsement. Shall be required to operate double and triple

trailers.

(ii) H endorsement. Shall be required to transport hazardous materials

as defined in section one hundred three of the hazardous materials

transportation act, public law 93-633, title I, when the vehicle

transporting such materials is required to be placarded under the

hazardous materials regulation, 49 CFR part 172, subpart F or is

transporting any quantity of material listed as a select agent or toxin

in 42 CFR part 73. An applicant for a commercial driver's license in

this state who wishes to transport hazardous materials must obtain a New

York state hazardous materials endorsement even if such applicant holds

a valid hazardous materials endorsement issued by another state. A farm

vehicle shall be exempt from the requirement for such endorsement when

transporting hazardous materials within one hundred fifty miles of the

person's farm. However, a separate non-commercial endorsement shall be

required for such exempted transportation. In order to obtain such

endorsement, the license holder must submit fingerprints for purposes of

a criminal history record check pursuant to subdivision six of this

section.

(iii) N endorsement. Shall be required to operate tank vehicles.

(iv) P endorsement. Shall be required to operate a bus as defined in

sections one hundred four and five hundred nine-a of this chapter, any

altered motor vehicle commonly referred to as a "stretch limousine"

having a seating capacity of nine or more passengers including the

driver or any motor vehicle with a gross vehicle weight or gross vehicle

weight rating of more than twenty-six thousand pounds which is designed

to transport passengers in commerce. For the purposes of this

subparagraph the gross vehicle weight of a vehicle shall mean the actual

weight of the vehicle and the load.

(v) X endorsement. Shall be an endorsement combining H and N

endorsements.

(vii) Personal use vehicle endorsement. Shall be required to operate a

personal use vehicle or a combination of personal use vehicles which may

not be operated with a class C, D or E license. The identification and

scope of any such endorsement or endorsements shall be as prescribed by

regulation of the commissioner, but no such endorsement shall permit the

operation of a rental truck towing a vehicle with a GVWR of more than

ten thousand pounds.

(viii) W endorsement. Shall be required to operate a tow truck.

(ix) Metal coil endorsement. Shall be required to operate any

commercial motor vehicle, as defined in subdivision four of section five

hundred one-a of this article, carrying metal coils. The identification

and scope of such endorsement shall be as prescribed by regulation of

the commissioner.

(x) S endorsement. Shall be required to operate a school bus, as

defined in section one hundred forty-two of this chapter, which is

designed or used to transport fifteen or more passengers.

(c) Restrictions. Notwithstanding the foregoing provisions of this

subdivision, the operation of vehicles may be limited by a restriction

or restrictions placed on a license. The following restrictions may be

issued by the commissioner based upon the representative vehicle in

which the road test was taken, or if the license is issued based on

driving experience, the vehicle in which the experience was gained. In

addition, the commissioner may by regulation provide for additional

restrictions based upon other types of vehicles or other factors deemed

appropriate by the commissioner.

(i) A restriction prohibiting the operation of a vehicle with air

brakes.

(ii) A restriction limiting the operation of a combination of vehicles

to truck-trailer combinations.

(iii) A restriction limiting operation to vehicles of not more than a

specified GVWR.

(d) Exceptions. (i) Notwithstanding the foregoing provisions of this

subdivision, a motor vehicle or combination of vehicles, other than a

motorcycle, that is (A) a military vehicle operated by a member of the

armed forces, or (B) a police vehicle or fire vehicle during its use in

an emergency operation as defined in section one hundred fourteen-b of

this chapter, or in the performance of official duties, or activities

related to the execution of emergency governmental functions pursuant to

section 383.3 (d)(2) of title 49 of the code of federal regulations, or

(C) a vehicle owned and identified as being owned by the state or a

political subdivision thereof or an ambulance service as defined in

subdivision two of section three thousand one of the public health law

or a voluntary ambulance service as defined in subdivision three of such

section and used to provide emergency medical service as defined in

section three thousand one of the public health law, or to perform

official duties, or activities related to the execution of emergency

governmental functions pursuant to section 383.3 (d)(2) of title 49 of

the code of federal regulations, may be operated with any class license

other than a class DJ, M or MJ license. For the purposes of this

paragraph the term "member of the armed forces" shall include active

duty military personnel; members of the reserve components of the armed

forces; members of the national guard on active duty, including

personnel on full time active guard duty, personnel on part-time

national guard training, and national guard military technicians

(civilians who are required to wear military uniforms); and active duty

United States coast guard personnel. The term shall not include United

States reserve technicians. Notwithstanding the provisions of section

one hundred fourteen-b of this chapter, for the purposes of this

subparagraph, the term "emergency operation" shall include returning

from emergency service.

(ii) Notwithstanding the foregoing provisions of this subdivision, a

motor vehicle or combination of vehicles which is designed and primarily

used for purposes other than the transportation of persons or property

which is excluded from the definition of commercial motor vehicle

pursuant to the provisions of subparagraph (iv) of paragraph (a) of

subdivision four of section five hundred one-a of this chapter may be

operated with any class license other than a class DJ, M or MJ license.

3. Restrictions on use of class DJ and class MJ licenses. A class DJ

or class MJ license shall permit the holder to operate a vehicle in

accordance with the following restrictions:

(a) in the counties of Nassau and Suffolk:

(i) for the purpose of driving to and from a state-approved

cooperative work-study educational program, or to or from an approved

program for credit in a post-secondary institution, or to or from a

state-approved registered evening high school or while engaged in farm

employment, or to or from an approved driver education course; or

(ii) from five o'clock in the morning to nine o'clock in the evening,

to and from a place of business where the holder is regularly employed,

or when accompanied by a duly licensed parent, guardian, person in a

position of loco parentis, driver education teacher, or driving school

instructor.

(b) in all other areas of the state, except for the city of New York:

(i) from five o'clock in the morning to nine o'clock in the evening;

or

(ii) from nine o'clock in the evening to five o'clock in the morning

when going to or from school, or to or from a place of business where

the holder is employed on a regularly scheduled basis, or when

accompanied by a duly licensed parent, guardian or one in a position of

loco parentis to the licensee.

(c) in the city of New York, driving shall be prohibited.

(d) for the purpose of this subdivision, the term "school" shall mean

instruction, education or training licensed or approved by a department

or agency of the state or training conducted by the armed forces of the

United States except it shall not include extra-curricular activities or

social events for which scholastic credits are not given.

(e) any person operating a motor vehicle to or from school or to or

from a place of business as authorized by this subdivision must possess

documentation signed by such person's instructor or employer. The

commissioner shall, by regulation, prescribe the form and content of

such documentation.

4. Probationary licenses. Any driver's license, other than a class DJ

and class MJ license, shall be considered probationary until the

expiration of six months following the date of issuance thereof, and

thereafter as provided in section five hundred ten-b of this title, but

this subdivision shall not apply to renewals of a license, or, unless so

provided by the commissioner, to a license for which a road test has

been waived by the commissioner.

5. Learners' permits. (a) The commissioner shall issue learner's

permits as provided in this article. Such permit shall be valid only

(i) for the operation of a motor vehicle of a type which could be

operated by the holder of the class of license for which application is

being made;

(ii) when the holder is under the immediate supervision and control of

a person at least twenty-one years of age who holds a license valid in

this state for the operation of the type of vehicle being operated; and

(iii) in accordance with any additional restrictions prescribed by the

commissioner and noted on such permit.

(b) In addition to the restrictions contained in paragraph (a) of this

subdivision, a learner's permit issued to a person applying for a class

DJ or class MJ license shall be subject to the restrictions contained in

section five hundred one-b of this article and shall not be valid for

the operation of any motor vehicle:

(i) within the city of New York, except that the holder of such permit

may operate a motor vehicle within the city of New York from five

o'clock in the morning to nine o'clock in the evening when such person

is under the immediate supervision and control of a person at least

twenty-one years of age who is such holder's parent, guardian, person in

a position of loco parentis, driver education teacher for the purpose of

certification pursuant to section eight hundred six-a of the education

law or driving school instructor for the purpose of certification

pursuant to subdivision seven-a of section three hundred ninety-four of

this chapter and such vehicle is equipped with dual controls as

prescribed by the commissioner;

(ii) in the counties of Nassau and Suffolk, except that the holder of

such permit may operate a motor vehicle within the counties of Nassau

and Suffolk from five o'clock in the morning to nine o'clock in the

evening when such person is under the immediate supervision and control

of a person at least twenty-one years of age who is such holder's

licensed parent, guardian, person in a position of loco parentis, driver

education teacher for the purpose of certification pursuant to section

eight hundred six-a of the education law, or driving school instructor

for the purpose of certification pursuant to subdivision seven-a of

section three hundred ninety-four of this chapter, or a person at least

twenty-one years of age who holds a license valid in this state for the

operation of the type of vehicle being operated, for the purpose of

certification pursuant to subdivision two of section five hundred two of

this article, and who has been designated by such holder's parent,

guardian or person in a position of loco parentis to accompany such

holder, as evidenced by a written statement to that effect;

(iii) from nine o'clock in the evening to five o'clock in the morning,

unless the holder of such permit is under the immediate supervision and

control of a person at least twenty-one years of age who is such

holder's licensed parent, guardian, person in a position of loco

parentis, driver education teacher for the purpose of certification

pursuant to section eight hundred six-a of the education law, or driving

school instructor for the purpose of certification pursuant to

subdivision seven-a of section three hundred ninety-four of this

chapter.

(c) The restrictions contained in paragraphs (a) and (b) of this

subdivision shall apply to a learner's permit which has been issued to a

person who has made application for a class M or class MJ license,

except that the required supervising driver need exercise only general

supervision and control over the learner as prescribed by regulation of

the commissioner when the learner is operating a motorcycle, provided,

however, a person who possesses a learner's permit and who has made

application for a class M or class MJ license, shall not operate a

motorcycle while there is another person on such motorcycle unless such

other person possesses a valid class M license.

6. H endorsement criminal history record check. Upon receipt of an

application and completion of all other requirements imposed by the

commissioner for an H endorsement to permit the operator to transport

hazardous materials as defined in section one hundred three of the

hazardous materials transportation act, public law 93-633, title I, when

the vehicle transporting such materials is required to be placarded

under the hazardous materials regulation, 49 CFR part 172, subpart F, or

is transporting any quantity of material listed as a select agent or

toxin in 42 CFR part 73, the commissioner, subject to the rules and

regulations of the division of criminal justice services, shall initiate

a criminal history record check of the person making the application.

The commissioner shall obtain from each applicant two sets of

fingerprints and the division of criminal justice services processing

fee imposed pursuant to subdivision eight-a of section eight hundred

thirty-seven of the executive law and any fee imposed by the federal

bureau of investigation. The commissioner shall promptly transmit such

fingerprints and fees to the division of criminal justice services for

processing. The federal bureau of investigation and the division of

criminal justice services shall forward such criminal history record, if

any, to the commissioner. All such criminal history records processed

and sent pursuant to this section shall be confidential pursuant to the

applicable federal and state laws, rules and regulations, and shall not

be published or in any way disclosed to persons other than authorized

personnel, unless otherwise authorized by law. No cause of action

against the commissioner, the department or the division of criminal

justice services for damages related to the dissemination of criminal

history records pursuant to this section shall exist when the

commissioner, department or division of criminal justice services has

reasonably and in good faith relied upon the accuracy and completeness

of criminal history information furnished to it by qualified agencies.

The provision of such information by the division of criminal justice

services shall be subject to the provisions of subdivision sixteen of

section two hundred ninety-six of the executive law. The consideration

of such criminal history record by the commissioner shall be subject to

article twenty-three-A of the correction law. The commissioner shall

review such criminal history record for a conviction within the previous

ten years for: (i) any violent felony offense, as defined in section

70.02 of the penal law; or (ii) any felony defined in article one

hundred twenty, one hundred twenty-five, one hundred thirty, one hundred

thirty-five, one hundred forty, one hundred forty-five, one hundred

fifty, one hundred fifty-five, one hundred sixty, one hundred seventy,

one hundred seventy-five, two hundred, two hundred ten, two hundred

twenty, two hundred twenty-one, two hundred forty, two hundred

sixty-five, four hundred sixty, four hundred seventy, four hundred

eighty-five, or four hundred ninety of the penal law or section

fifty-three-e of the railroad law; or (iii) any offense in another

jurisdiction which includes all of the essential elements of such

offenses described in paragraphs (i) and (ii) of this subdivision and

for which a sentence of imprisonment for more than one year was

authorized in the other jurisdiction and is authorized in this state,

regardless of whether such sentence was imposed; or any of the following

federal offenses: improper transportation of a hazardous material, as

defined in 49 U.S.C. 46312, conveying false information or threats, as

defined in 49 U.S.C. 46507, espionage, as defined in 18 U.S.C. 793, 794

or 3077, sedition, as defined in 18 U.S.C. 2384, 2385 or section 4 of

the subversive activities control act of 1950, treason, as defined in 18

U.S.C. 2381 or conspiracy or solicitation, as defined in 18 U.S.C. 371

or 373; or (iv) an attempt or conspiracy to commit any of the offenses

specified in paragraphs (i), (ii), or (iii) of this subdivision. In

calculating such ten year period, any period of time during which the

person was incarcerated for any reason between the time of commission of

the previous felony and the time of commission of the present felony

shall be excluded and such ten year period shall be extended by a period

or periods equal to the time served under such incarceration. After

receipt of a criminal history record from the division of criminal

justice services, if any, and review of such record, the commissioner

shall promptly notify the applicant whether he or she will be granted an

H endorsement based upon the applicant's criminal history and promptly

notify such applicant of the determination and the procedure for

requesting a hearing pursuant to this subdivision. If the commissioner

denies an applicant an H endorsement based either in whole or in part on

such applicant's criminal record, the commissioner must notify such

applicant of the basis for such denial, and afford such applicant notice

and an opportunity to be heard and offer proof in opposition to such

determination. If the applicant requests a hearing to contest the

commissioner's determination, such hearing must be requested no later

than thirty days after the applicant's receipt of the determination and

must be scheduled by the commissioner within sixty days of such request.

Upon request and pursuant to the rules and regulations of the division

of criminal justice services, any applicant may obtain, review and seek

correction of his or her criminal history record.