N.Y. Vehicle & Traffic Law § 502: Requirements for licensing

§ 502. Requirements for licensing. * 1. Application for license.

Application for a driver's license shall be made to the commissioner.

The fee prescribed by law may be submitted with such application. The

applicant shall furnish such proof of identity, age, and fitness as may

be required by the commissioner. With respect to a non-commercial

driver's license or learner's permit which does not meet federal

standards for identification, in addition to the acceptable proofs of

age and identity approved by the commissioner as of January first, two

thousand nineteen, acceptable proof of identity shall also include, but

not be limited to, a valid, unexpired foreign passport issued by the

applicant's country of citizenship (which shall also be eligible as

proof of age), a valid, unexpired consular identification document

issued by a consulate from the applicant's country of citizenship, or a

valid foreign driver's license that includes a photo image of the

applicant and which is unexpired or expired for less than twenty-four

months of its date of expiration, as primary forms of such proof.

Nothing contained in this subdivision shall be deemed to preclude the

commissioner from approving additional proofs of identity and age. The

license shall display the sex designation of M, F, or X as certified by

the applicant, with no additional documentation required. The applicant

may amend the sex designation of their driver's license upon request.

Upon amendment of the sex designation, the change shall be made

consistent through all affiliated records within the control of the

department. The commissioner may also provide that the application

procedure shall include the taking of a photo image or images of the

applicant in accordance with rules and regulations prescribed by the

commissioner. In addition, the commissioner also shall require that the

applicant provide such applicant's social security number or, in lieu

thereof, with respect to an application for a non-commercial driver's

license or learner's permit which does not meet federal standards for

identification, an affidavit signed by such applicant that they have not

been issued a social security number. The commissioner also shall

provide space on the application so that the applicant may request a

notation upon such license that such applicant is a veteran of the

United States armed forces, and space on the application so that the

applicant may request a notation upon such license that he or she is a

veteran of the United States armed forces, and space on the application

so that the applicant may register in the New York state organ and

tissue donor registry under section forty-three hundred ten of the

public health law with the following stated on the application in clear

and conspicuous type:

"You must fill out the following section: Would you like to be added

to the Donate Life Registry? Check box for 'yes' or 'skip this

question'."

The commissioner of health shall not maintain records of any person

who checks "skip this question". Except where the application is made in

person or electronically, failure to check a box shall not impair the

validity of an application, and failure to check "yes" or checking "skip

this question" shall not be construed to imply a wish not to donate. In

the case of an applicant under eighteen years of age, checking "yes"

shall not constitute consent to make an anatomical gift or registration

in the donate life registry, except as otherwise provided pursuant to

the provisions of paragraph (b) of subdivision one of section

forty-three hundred one of the public health law. Where an applicant has

previously consented to make an anatomical gift or registered in the

donate life registry, checking "skip this question" or failing to check

a box shall not impair that consent or registration. In addition, an

applicant for a commercial driver's license who will operate a

commercial motor vehicle in interstate commerce shall certify that such

applicant meets the requirements to operate a commercial motor vehicle,

as set forth in public law 99-570, title XII, and title 49 of the code

of federal regulations, and all regulations promulgated by the United

States secretary of transportation under the hazardous materials

transportation act. In addition, an applicant for a commercial driver's

license shall submit a medical certificate at such intervals as required

by the federal motor carrier safety improvement act of 1999 and Part

383.71(h) of title 49 of the code of federal regulations relating to

medical certification and in a manner prescribed by the commissioner.

For purposes of this section and sections five hundred three, five

hundred ten-a, and five hundred ten-aa of this title, the terms "medical

certificate" and "medical certification" shall mean a form substantially

in compliance with the form set forth in Part 391.43(h) of title 49 of

the code of federal regulations. Upon a determination that the holder of

a commercial driver's license has made any false statement, with respect

to the application for such license, the commissioner shall revoke such

license.

* NB Effective until January 1, 2028

* 1. Application for license. Application for a driver's license shall

be made to the commissioner. The fee prescribed by law may be submitted

with such application. The applicant shall furnish such proof of

identity, age, and fitness as may be required by the commissioner. With

respect to a non-commercial driver's license or learner's permit which

does not meet federal standards for identification, in addition to the

acceptable proofs of age and identity approved by the commissioner as of

January first, two thousand nineteen, acceptable proof of identity shall

also include, but not be limited to, a valid, unexpired foreign passport

issued by the applicant's country of citizenship (which shall also be

eligible as proof of age), a valid, unexpired consular identification

document issued by a consulate from the applicant's country of

citizenship, or a valid foreign driver's license that includes a photo

image of the applicant and which is unexpired or expired for less than

twenty-four months of its date of expiration, as primary forms of such

proof. Nothing contained in this subdivision shall be deemed to preclude

the commissioner from approving additional proofs of identity and age.

The license shall display the sex designation of M, F, or X as certified

by the applicant, with no additional documentation required. The

applicant may amend the sex designation of their driver's license upon

request. Upon amendment of the sex designation, the change shall be made

consistent through all affiliated records within the control of the

department. The commissioner may also provide that the application

procedure shall include the taking of a photo image or images of the

applicant in accordance with rules and regulations prescribed by the

commissioner. In addition, the commissioner also shall require that the

applicant provide such applicant's social security number or, in lieu

thereof, with respect to an application for a non-commercial driver's

license or learner's permit which does not meet federal standards for

identification, an affidavit signed by such applicant that they have not

been issued a social security number. The commissioner also shall

provide space on the application so that the applicant may request a

notation upon such license that such applicant is a veteran of the

United States armed forces, and space on the application so that the

applicant may request a notation upon such license that such person is a

veteran of the United States armed forces, and space on the application

so that the applicant may register in the New York state organ and

tissue donor registry under section forty-three hundred ten of the

public health law with the following stated on the application in clear

and conspicuous type:

"You must fill out the following section: Would you like to be added

to the Donate Life Registry? Check box for 'yes' or 'skip this

question'."

The commissioner of health shall not maintain records of any person

who checks "skip this question". Except where the application is made in

person or electronically, failure to check a box shall not impair the

validity of an application, and failure to check "yes" or checking "skip

this question" shall not be construed to imply a wish not to donate. In

the case of an applicant under eighteen years of age, checking "yes"

shall not constitute consent to make an anatomical gift or registration

in the donate life registry, except as otherwise provided pursuant to

the provisions of paragraph (b) of subdivision one of section

forty-three hundred one of the public health law. Where an applicant has

previously consented to make an anatomical gift or registered in the

donate life registry, checking "skip this question" or failing to check

a box shall not impair that consent or registration. Additionally, the

commissioner shall ensure that space is provided on the application for

a driver's license or renewal thereof to advise applicants of the

existence of the C.W. Bill Young Cell Transplantation Program

established in 42 U.S.C. Section 274k or the national marrow donor

program ("registry operator") and to allow for applicants to consent to

sharing their information with the registry operator for the purposes of

receiving information from the registry operator about enrolling as a

potential volunteer bone marrow or blood cell donor on the national

registry. Such information related to the consenting applicant shared

with the registry operator shall be limited to first and last name, date

of birth, email address, and physical address. In addition, an applicant

for a commercial driver's license who will operate a commercial motor

vehicle in interstate commerce shall certify that such applicant meets

the requirements to operate a commercial motor vehicle, as set forth in

public law 99-570, title XII, and title 49 of the code of federal

regulations, and all regulations promulgated by the United States

secretary of transportation under the hazardous materials transportation

act. In addition, an applicant for a commercial driver's license shall

submit a medical certificate at such intervals as required by the

federal motor carrier safety improvement act of 1999 and Part 383.71(h)

of title 49 of the code of federal regulations relating to medical

certification and in a manner prescribed by the commissioner. For

purposes of this section and sections five hundred three, five hundred

ten-a, and five hundred ten-aa of this title, the terms "medical

certificate" and "medical certification" shall mean a form substantially

in compliance with the form set forth in Part 391.43(h) of title 49 of

the code of federal regulations. Upon a determination that the holder of

a commercial driver's license has made any false statement, with respect

to the application for such license, the commissioner shall revoke such

license.

* NB Effective January 1, 2028

2. Age. * (a) An applicant for a commercial driver's license which

contains an H or an X endorsement or which is valid for operation in

interstate commerce shall be at least twenty-one years of age.

* NB Repealed upon certain conditions (see chapter 618 of 2021 § 4)

* (a) An applicant for a class A license or for a commercial driver's

license which contains an H or an X endorsement or which is valid for

operation in interstate commerce shall be at least twenty-one years of

age.

* NB Effective if amendments made by chapter 618 of 2021 are repealed

* (b) Except as provided in paragraph (a) of this subdivision an

applicant for a class A, B, C or E license shall be at least eighteen

years of age.

* NB Repealed upon certain conditions (see chapter 618 of 2021 § 4)

* (b) Except as provided in paragraph (a) of this subdivision an

applicant for a class B, C or E license shall be at least eighteen years

of age.

* NB Effective if amendments made by chapter 618 of 2021 are repealed

(c) An applicant for a class D or M license shall be at least eighteen

years of age, except that an application shall be accepted if the

applicant is at least seventeen years of age and submits acceptable

proof of successful completion of a driver education course, approved by

the state education department and the commissioner, and proof of

completion of the minimum hours of supervised driving as required in

paragraph (d) of this subdivision.

* (d) An applicant for a class DJ or MJ license shall be at least

sixteen years of age and such applicant must submit written consent to

the issuance of such license by the applicant's parent or guardian. Upon

receipt of withdrawal of such consent, any class DJ or MJ license,

learner's permit or license application shall be cancelled. No class DJ

or MJ license shall be issued unless the applicant presents, at the time

of the road test administered pursuant to paragraph (b) of subdivision

four of this section, a written certification by the applicant's parent

or guardian: (i) that such applicant has operated a motor vehicle for no

less than fifty hours, at least fifteen hours of which shall be after

sunset, under the immediate supervision of a person as authorized

pursuant to subparagraph (ii) of paragraph (a) or paragraph (b) of

subdivision five of section five hundred one of this article, a driver

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

education law or a driving school instructor pursuant to subdivision

seven-a of section three hundred ninety-four of this chapter; and (ii)

if such applicant completed an internet delivered pre-licensing course

approved by the commissioner pursuant to article twelve-d of this

chapter, that such applicant participated throughout such course.

* NB Effective until June 30, 2030

* (d) An applicant for a class DJ or MJ license shall be at least

sixteen years of age and such applicant must submit written consent to

the issuance of such license by the applicant's parent or guardian. Upon

receipt of withdrawal of such consent, any class DJ or MJ license,

learner's permit or license application shall be cancelled. No class DJ

or MJ license shall be issued unless the applicant presents, at the time

of the road test administered pursuant to paragraph (b) of subdivision

four of this section, a written certification by the applicant's parent

or guardian that such applicant has operated a motor vehicle for no less

than fifty hours, at least fifteen hours of which shall be after sunset,

under the immediate supervision of a person as authorized pursuant to

subparagraph (ii) of paragraph (a) or paragraph (b) of subdivision five

of section five hundred one of this article, a driver education teacher

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

driving school instructor pursuant to subdivision seven-a of section

three hundred ninety-four of this chapter.

* NB Effective June 30, 2030

3. Application for learner's permit. An application for a learner's

permit shall be included in the application for a license. A learner's

permit shall be issued in such form as the commissioner shall determine

but shall not be issued unless the applicant has successfully passed the

vision test required by this section and the test set forth in paragraph

(a) of subdivision four of this section with respect to laws relating to

traffic and ability to read and comprehend traffic signs and symbols and

has satisfactorily completed any course required pursuant to paragraph

(a) of subdivision four of this section. Upon acceptance of an

application for a learner's permit the commissioner shall provide the

applicant with a driver's manual which includes but is not limited to

the laws relating to traffic, the laws relating to and physiological

effects of driving while ability impaired and driving while intoxicated,

the law for exercising due care to avoid colliding with a parked,

stopped or standing vehicle pursuant to section eleven hundred

forty-four-a of this chapter, explanations of traffic signs and symbols

and such other matters as the commissioner may prescribe.

4. Examinations. (a) (i) Upon submission of an application for a

driver's license, the applicant shall be required to take and pass a

test, or submit evidence of passage of a test, with respect to the laws

relating to traffic, the laws relating to driving while ability is

impaired and while intoxicated, under the overpowering influence of

"Road Rage", "Work Zone Safety" awareness, "Motorcycle Safety" awareness

and "Pedestrian and Bicyclist Safety" awareness as defined by the

commissioner, "School Bus Safety" awareness, the law relating to

exercising due care to avoid colliding with a parked, stopped or

standing authorized emergency vehicle or hazard vehicle pursuant to

section eleven hundred forty-four-a of this chapter, the ability to read

and comprehend traffic signs and symbols and such other matters as the

commissioner may prescribe, and to satisfactorily complete a course

prescribed by the commissioner of not less than four hours and not more

than five hours, consisting of classroom driver training and highway

safety instruction or the equivalent thereof. Such test shall include at

least seven written questions concerning the effects of consumption of

alcohol or drugs on the ability of a person to operate a motor vehicle

and the legal and financial consequences resulting from violations of

section eleven hundred ninety-two of this chapter, prohibiting the

operation of a motor vehicle while under the influence of alcohol or

drugs. Such test shall include one or more written questions concerning

the devastating effects of "Road Rage" on the ability of a person to

operate a motor vehicle and the legal and financial consequences

resulting from assaulting, threatening or interfering with the lawful

conduct of another person legally using the roadway. Such test shall

include one or more questions concerning the potential dangers to

persons and equipment resulting from the unsafe operation of a motor

vehicle in a work zone. Such test may include one or more questions

concerning motorcycle safety. Such test may include one or more

questions concerning the law for exercising due care to avoid colliding

with a parked, stopped or standing vehicle pursuant to section eleven

hundred forty-four-a of this chapter. Such test may include one or more

questions concerning school bus safety. Such test may include one or

more questions concerning pedestrian and bicyclist safety. Such test

shall be administered by the commissioner. The commissioner shall cause

the applicant to take a vision test and a test for color blindness. Upon

passage of the vision test, the application may be accepted and the

application fee shall be payable.

(ii) The commissioner shall promulgate rules and regulations

establishing eligibility standards for the taking and passing of

knowledge tests in other than written form.

(b) Upon successful completion of the requirements set forth in

paragraph (a) of this subdivision which shall include an alcohol and

drug education component as described in paragraph (c) of this

subdivision, a "Road Rage" awareness component as described in paragraph

(c-1) of this subdivision, a "Work Zone Safety" awareness component as

described in paragraph (c-2) of this subdivision, a "Motorcycle Safety"

awareness component as described in paragraph (c-3) of this subdivision,

a "School Bus Safety" awareness component as described in paragraph

(c-4) of this subdivision, and a "Pedestrian and Bicyclist Safety"

awareness component as described in paragraph (c-5) of this subdivision,

the commissioner shall cause the applicant to take a road test in a

representative vehicle of a type prescribed by the commissioner which

shall be appropriate to the type of license for which application is

made, except that the commissioner may waive the road test requirements

for certain classes of applicants. Provided, however, that the term

"representative vehicle" shall not include 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. The commissioner shall have the power to establish a program to

allow persons other than employees of the department to conduct road

tests in representative vehicles when such tests are required for

applicants to obtain a class A, B or C license. If she chooses to do so,

she shall set forth her reasons in writing and conduct a public hearing

on the matter. She shall only establish such a program after holding the

public hearing.

(c) Alcohol and drug education component. The commissioner shall

provide in the pre-licensing course, set forth in paragraph (b) of this

subdivision a mandatory component in alcohol and drug education of not

less than two hours as a prerequisite for obtaining a license to operate

a motor vehicle. The purpose of the component is to educate prospective

licensees on the effects that ingestion of alcohol and other drugs have

on a person's ability to operate a motor vehicle. The commissioner shall

establish a curriculum for the alcohol and drug education component

which shall include but not be limited to: instruction describing the

hazards of driving while impaired or intoxicated; the penalties for

alcohol related motor vehicle violations including sanctions set forth

in the penal law that apply to homicides and assaults arising out of the

operation of a motor vehicle while intoxicated and those sanctions set

forth in the vehicle and traffic law relating to driving while

intoxicated; and the medical, biological and physiological effects of

the consumption of alcohol and their impact on the operation of a motor

vehicle.

(c-1) "Road Rage" awareness component. The commissioner shall provide

in the pre-licensing course, set forth in paragraph (b) of this

subdivision a mandatory component in "Road Rage" awareness education as

a prerequisite for obtaining a license to operate a motor vehicle. The

purpose of the component is to educate prospective licensees on the

effects that the development and expression of "Road Rage", as defined

by the commissioner, have on a person's ability to operate a motor

vehicle. The commissioner shall establish a curriculum for the "Road

Rage" component which shall include but not be limited to: instruction

describing the hazards of driving and exiting the vehicle while under

the influence of "Road Rage"; the penalties for "Road Rage"-related

motor vehicle or other violations including sanctions set forth in the

penal law that apply to homicides and assaults arising out of the

operation of a motor vehicle while expressing "Road Rage", and any

sanctions set forth in law relating to driving while under the influence

of "Road Rage"; and the medical, biological and physiological effects of

the development and expression of "Road Rage", and their impact on the

operation of a motor vehicle. The commissioner is charged with the

responsibility for defining the term "Road Rage", as used in this

paragraph, in consultation with law enforcement personnel, medical

professionals, representatives of the court system, highway safety

officials, and any other group that the commissioner believes can

contribute to a comprehensive statement of the issue.

(c-2) "Work Zone Safety" awareness component. (i) The commissioner

shall provide in the pre-licensing course, set forth in paragraph (b) of

this subdivision, a mandatory component in "Work Zone Safety" awareness

education as a prerequisite for obtaining a license to operate a motor

vehicle. The purpose of the component is to educate prospective

licensees on the potential dangers to construction workers, construction

equipment operators and operators of motor vehicles in a highway work

zone. For the purposes of this paragraph, the term "work zone" shall

include "work area" as defined by section one hundred sixty of this

chapter, and "restricted highway" as authorized in section sixteen

hundred twenty-five of this chapter.

(ii) The commissioner shall establish a curriculum for the "Work Zone

Safety" component which shall include but not be limited to: instruction

describing the potential hazards of driving through a work zone, whether

or not work, maintenance or other related construction is being

undertaken therein, and information on the provisions of law relating to

driving within a work zone and sanctions for violations of such

provisions, including speeding in a work zone.

(iii) In developing such curriculum, the commissioner shall consult

with the commissioner of transportation, the superintendent of the state

police, representatives of the highway construction industry,

representatives of highway construction workers, highway safety

officials, and any other group that the commissioner believes can

contribute to a comprehensive presentation of the issue.

(c-3) "Motorcycle Safety" awareness component. The commissioner shall

provide in the pre-licensing course, set forth in paragraph (b) of this

subdivision, a mandatory component in "Motorcycle Safety" awareness

education as a prerequisite for obtaining a license to operate a motor

vehicle. The purpose of the component is to educate prospective

licensees on the potential dangers to persons operating motorcycles on

the roadway.

(c-4) "School Bus Safety" awareness component. (i) The commissioner

shall provide in the pre-licensing course, set forth in paragraph (b) of

this subdivision, a mandatory component in "School Bus Safety" awareness

education as a prerequisite for obtaining a license to operate a motor

vehicle. The purpose of the component is to educate prospective

licensees on the dangers of passing a school bus in violation of section

eleven hundred seventy-four of this chapter, to reduce the number of

such incidents, and to promote school bus safety.

(ii) The commissioner shall establish a curriculum for the "School Bus

Safety" awareness component which shall include, but shall not be

limited to, an overview of traffic laws governing overtaking and passing

school buses, including but not limited to section eleven hundred

seventy-one and section eleven hundred seventy-four of this chapter.

(iii) In developing such curriculum, the commissioner shall consult

with the commissioner of transportation.

(c-5) "Pedestrian and Bicyclist Safety" awareness component. (i) The

commissioner shall provide in the pre-licensing course, set forth in

paragraph (b) of this subdivision, a mandatory component in "Pedestrian

and Bicyclist Safety" awareness education as a prerequisite for

obtaining a license to operate a motor vehicle. The purpose of the

component is to educate prospective licensees on the potential dangers

to pedestrians, bicyclists, and other non-motorized vehicles.

(ii) The commissioner shall establish a curriculum for the "Pedestrian

and Bicyclist Safety" awareness component which shall include but not be

limited to: an overview of traffic laws governing motor vehicle

operators' duty to exercise due care with respect to pedestrians and

bicyclists, including but not limited to understanding pedestrians' and

bicyclists' needs and reduced visibility, respecting pedestrians' and

bicyclists' rights of way, safe operation near pedestrians and

bicyclists, including children and blind, deaf, elderly and disabled

pedestrians, bicycle lanes as defined in section one hundred two-a of

this chapter, safely overtaking a pedestrian or a bicyclist, the dangers

of distracted driving, driving at appropriate reduced speeds when

special hazards exist with respect to pedestrians and bicyclists such as

weather or highway conditions, safely turning, stopping, standing, and

parking, motor vehicle operators' obligations to comply with article

twenty-two of this chapter, and traffic control devices and markings,

roadway designs and traffic calming measures related to pedestrians and

bicyclists.

(iii) In developing such curriculum, the commissioner shall consult

with the commissioner of transportation, the superintendent of the state

police, the commissioners of transportation and police of the city of

New York, other local law enforcement and highway safety officials,

medical professionals, bicycle and pedestrian safety advocates, and any

other group that the commissioner believes can contribute to a

comprehensive presentation of the issue.

(d) (i) The commissioner shall make available for distribution upon

registration at each location where the pre-licensing course will be

given (1) instructional handbooks outlining the content of the entire

curriculum of the pre-licensing course including the information

required to be included in the course pursuant to paragraphs (c), (c-1),

(c-2), (c-3), (c-4) and (c-5) of this subdivision, and (2) information

as to how a person may register in the New York state organ and tissue

donor registry under section forty-three hundred ten of the public

health law.

(ii) The commissioner shall also provide for the additional training

of the instructors necessary for the competent instruction of the

alcohol and drug education, "Road Rage" awareness, "Work Zone Safety"

awareness, "Motorcycle Safety" awareness, "School Bus Safety" awareness

and "Pedestrian and Bicyclist Safety" awareness subject matters of the

pre-licensing course.

(e) The commissioner shall make available to each applicant for a

commercial driver's license instructional handbooks outlining the

requirements necessary to qualify for such license, and containing a

discussion of the offenses which will result in disqualification from

operating a commercial motor vehicle as defined in section five hundred

one-a of this chapter. Such handbooks shall be available in both English

and Spanish language versions.

(f) The commissioner shall promulgate such rules and regulations as

are necessary to carry out the provisions of this section.

(g) The commissioner may, in his discretion, waive the requirement for

passage of a test with respect to the laws relating to traffic, the laws

relating to driving while ability is impaired and while intoxicated and

the ability to read and comprehend traffic signs and symbols, and the

requirement for completion of the course set forth in paragraph (a) of

this subdivision for applicants who hold a valid or renewable driver's

license issued by another jurisdiction or the United States government.

* (h) Course completion certificate fee. The fee for a course

completion certificate provided by the department to an entity that is

approved by the commissioner to offer the pre-licensing course, required

by this subdivision, for issuance by such entity to students upon their

completion of such pre-licensing course shall be one dollar. Such fee

shall be paid by such entity and shall not be charged to a person who

takes the course in any manner. The provisions of this paragraph shall

not apply to a pre-licensing course established pursuant to article

twelve-D of this chapter.

* NB Effective until June 30, 2030

* (h) Course completion certificate fee. The fee for a course

completion certificate provided by the department to an entity that is

approved by the commissioner to offer the pre-licensing course, required

by this subdivision, for issuance by such entity to students upon their

completion of such pre-licensing course shall be one dollar. Such fee

shall be paid by such entity and shall not be charged to a person who

takes the course in any manner.

* NB Effective June 30, 2030

5. Issuance of license. (a) Upon successful completion of the

requirements set forth in subdivision four of this section, and upon

payment of the fee prescribed by law, the commissioner shall issue an

appropriate license to the applicant, except that the commissioner may

refuse to issue such license

(i) if the applicant is the holder of a currently valid or renewable

license to drive issued by another state or foreign country unless the

applicant surrenders such license, or

(ii) if such issuance would be inconsistent with the provisions of

section five hundred sixteen of this chapter.

(b) The commissioner shall, with respect to the issuance of a

hazardous materials endorsement, comply with the requirements imposed

upon states pursuant to sections 383.141 and 1572.13 of title 49 of the

code of federal regulations.

(c) The commissioner shall not issue a commercial driver's license to

a person while such person would be subject to disqualification from

operating a commercial motor vehicle for any cause set forth in the

commercial motor vehicle safety act of nineteen hundred eighty-six,

public law 99-570, title XII and regulations promulgated thereunder. In

addition, the commissioner shall suspend a commercial driver's license

for the period of time in which such driver is determined to constitute

an imminent hazard and is disqualified pursuant to 49 C.F.R 383.52.

* (d) (i) The commissioner shall not issue a class A commercial

driver's license to a person who is eighteen, nineteen or twenty years

old unless, in addition to meeting the requirements of this chapter with

respect to the issuance of commercial driver's licenses, such person

submits, in a form prescribed by the commissioner, proof of successful

completion of the commercial driver's license (CDL) class A young adult

training program established pursuant to subparagraph (ii) of this

paragraph and proof of completion of the minimum hours of supervised

driving required by such subparagraph. The commissioner shall place an

"intrastate only" restriction on any class A commercial driver's license

issued to a person who is eighteen, nineteen or twenty years old and

such restriction shall remain until such person turns twenty-one years

of age.

(ii) The commissioner, in consultation with the commissioner of

transportation, shall establish and implement a commercial driver's

license (CDL) class A young adult training program for young adult class

A commercial driver's license applicants. The commissioner shall provide

for the requirements and criteria of such training program which shall

include the entry-level driver training requirements prescribed by the

federal motor carrier safety administration under appendices A, C, D and

E of part 380 of title 49 of the code of federal regulations, as may be

amended from time to time, and include no less than three hundred hours

of behind-the-wheel training under the immediate supervision and control

of an experienced driver. For purposes of this paragraph, the following

terms shall have the following meanings:

(A) "Young adult" shall mean an individual who is eighteen, nineteen

or twenty years old.

(B) "Experienced driver" shall mean an individual who:

(1) is not less than twenty-one years of age;

(2) holds a valid class A commercial driver's license which is not

suspended, revoked or cancelled pursuant to the provisions of this

chapter or rules and regulations promulgated thereunder and has held

such commercial driver's license for at least two years;

(3) has not, for at least a one-year period: been the operator of a

motor vehicle involved in an accident reportable to the federal motor

carrier safety administration, or been the operator of a commercial

motor vehicle involved in an accident reportable to the commissioner, or

been convicted of a serious traffic violation, or been convicted of any

violation of title VII of this chapter for which the commissioner

assesses points, or been disqualified from operating a commercial motor

vehicle pursuant to this chapter or rules and regulations promulgated

thereunder; and

(4) has a minimum of one year of experience driving, in commerce, a

commercial motor vehicle which can only be operated with a class A

commercial driver's license.

(C) "Serious traffic violation" shall have the same meaning as such

term is defined in subdivision four of section five hundred ten-a of

this chapter.

* NB Repealed upon certain conditions (see chapter 618 of 2021 § 4 and

chapter 58 of 2022 Pt. GGG § 3)

6. Renewal of license. (a) A license issued pursuant to subdivision

five of this section shall be valid until the expiration date contained

thereon, unless such license is suspended, revoked or cancelled. Such

license may be renewed by submission of an application for renewal, the

fee prescribed by law, proofs of prior licensing, fitness and acceptable

vision prescribed by the commissioner, the applicant's social security

number or, in lieu thereof, with respect to an application for a

non-commercial driver's license or learner's permit which does not meet

federal standards for identification, an affidavit signed by such

applicant that they have not been issued a social security number, and

if required by the commissioner, a photo image of the applicant in such

numbers and form as the commissioner shall prescribe. In addition, an

applicant for renewal of a license containing a hazardous material

endorsement shall pass an examination to retain such endorsement. The

commissioner shall, with respect to the renewal of a hazardous materials

endorsement, comply with the requirements imposed upon states by

sections 383.141 and 1572.13 of title 49 of the code of federal

regulations. A renewal of such license shall be issued by the

commissioner upon approval of such application, except that no such

license shall be issued if its issuance would be inconsistent with the

provisions of section five hundred sixteen of this title, and except

that the commissioner may refuse to renew such license if the applicant

is the holder of a currently valid or renewable license to drive issued

by another state or foreign country unless the applicant surrenders such

license.

(b) Time for renewal. A renewal license may only be issued if an

application for such license is filed within two years from the date of

expiration of the prior license. Such application may be filed prior to

the expiration of the license being renewed for a period of time as

provided by regulation of the commissioner.

7. Selective service act. The commissioner shall provide separate

space on the application for a learner's permit, driver's license,

non-driver identification card, or renewal thereof so that any person

who is at least eighteen years of age but less than twenty-six years of

age who applies to the commissioner for such permit, license, or card or

renewal thereof may opt to register with the selective service in

accordance with 50 U.S.C. App 451 et. seq., as amended, if such person

is subject to such act, and consent to have the commissioner forward the

necessary personal information in accordance with this subdivision. Such

consent shall be separate from any other certification or signature on

such application. The commissioner shall include on the application a

brief statement about the requirement of the law, a citation of the act,

and the consequences for failing to meet the same. The commissioner

shall forward to the selective service system, in an electronic format,

the necessary personal information required for registration only of

individuals who have affirmatively opted and consented, pursuant to this

subdivision, to authorize the commissioner to forward such information

to the selective service system.

8. Non-commercial drivers' licenses and learners' permits which do not

meet federal standards for identification. (a) Non-commercial drivers'

licenses and learners' permits which do not meet federal standards for

identification shall be issued in such form as the commissioner shall

determine, provided that such licenses and permits shall be visually

identical to non-commercial drivers' licenses and learners' permits

which do meet federal standards for identification except that such

licenses and permits may state "Not for Federal Purposes". Provided,

however, that the commissioner may promulgate regulations providing for

additional design or color indicators for both such non-commercial

drivers' licenses and learners' permits if required to comply with

federal law.

(b) Applicants for a non-commercial driver's license or learner's

permit or a renewal thereof shall not be required to prove that they are

lawfully present in the United States.

(c) Application forms for non-commercial drivers' licenses and

learners' permits which do not meet federal standards for identification

or for renewal thereof shall not state (i) the documents an applicant

used to prove age or identity, or (ii) an applicant's ineligibility for

a social security number where applicable, or (iii) an applicant's

citizenship or immigration status.

(d) The commissioner and any agent or employee of the commissioner

shall not retain the documents or copies of documents presented by

applicants for non-commercial drivers' licenses or learners' permits

which do not meet federal standards for identification to prove age or

identity except for a limited period necessary to ensure the validity

and authenticity of such documents.

(e) (i) A non-commercial driver's license or learner's permit which

does not meet federal standards for identification shall not be used as

evidence of a person's citizenship or immigration status, and shall not

be the basis for investigating, arresting, or detaining a person. (ii)

Neither the commissioner nor any agent or employee of the commissioner

shall inquire about the citizenship or immigration status of any

applicant for a non-commercial driver's license or learner's permit

which does not meet federal standards for identification.

9. Loss of consciousness. a. This subdivision shall apply to any

applicant for an original driver's license in this state who has ever

suffered a loss of consciousness, to any applicant for a renewal

driver's license who has suffered a loss of consciousness since his or

her last license was issued in this state, to any person who is required

to submit physicians', physician assistants', or nurse practitioners'

statements, in such form as the commissioner may require, as a condition

for continuing licensing, and to persons holding a driver's license

concerning whom the commissioner has received evidence of loss of

consciousness.

b. As used in this subdivision, the following terms shall have the

following meanings: "loss of consciousness" shall mean the condition of

not being aware of one's surroundings or of one's existence and the

inability to receive, interpret or react to sensory impressions as the

result of epilepsy, syncope, cataplexy, narcolepsy and other disorders

affecting consciousness and control; and "evidence of loss of

consciousness" shall mean a police accident report filed pursuant to

section six hundred three of this chapter indicating a loss of

consciousness, no matter how denominated, as the cause of an accident,

or admission by an applicant or licensee, or a complaint alleging loss

of consciousness received from police agencies and others.

c. A person to whom this part is applicable shall be deemed to be fit

for licensing only as determined by the commissioner in accordance with

section 9.3 of part 9 of title 15 of the codes, rules and regulations of

the state of New York as prescribed by the commissioner.

d. (i) Upon a scheduled review of a statement as required under

paragraph e of this section or upon receipt of evidence from a police

agency, police accident report or physician, physician assistant or

nurse practitioner confirmed by a department hearing or investigation

that a licensee has experienced a lack of consciousness, or if the

commissioner has not received an acceptable physician's, physician

assistant's or nurse practitioner's statement as defined in subparagraph

(iii) of this paragraph, or, if such a statement is received but the

commissioner's medical consultant finds grounds to disagree with or to

question a recommendation of such physician, physician assistant or

nurse practitioner made in accordance with the provisions of section 9.3

of part 9 of title 15 of the codes, rules and regulations of the state

of New York, the commissioner shall deny or suspend such license,

whichever is appropriate, and offer to hold a department hearing to

review such action, upon written request of such person. If such request

for hearing is not made within thirty days of such denial or suspension,

the offer to hold a hearing shall be deemed to be withdrawn.

Notwithstanding the offer to hold a department hearing to review the

denial or suspension, a department hearing will not be held until such

time as the motorist submits to the commissioner a physician, physician

assistant or nurse practitioner statement as required under the

provisions of part 9 of title 15 of the codes, rules and regulations of

the state of New York and the commissioner and the commissioner's

medical consultants have reviewed such statements within a reasonable

period of time. The denial or suspension shall remain in effect until a

department hearing is held to review such denial or suspension or after

review of the physician, physician assistant or nurse practitioner

statement the commissioner and his or her medical consultants finds no

grounds to disagree with or to question the physician's, physician

assistant's or nurse practitioner's statement.

(ii) Notwithstanding the provisions of subparagraph (i) of this

section, upon receipt of an application for an original driver's

license, or for renewal of a driver's license, or upon receipt of

evidence from a source other than a police agency, police accident

report or physician, physician assistant or nurse practitioner,

confirmed by a department hearing or investigation that a licensee has

experienced a loss of consciousness, the commissioner shall, unless he

or she deems such person's operation of a motor vehicle on a public

highway to be an immediate hazard, send to such person a proposed denial

or suspension of license, whichever is appropriate, with an offer to

withhold such action until after a department hearing, if such hearing

is requested by such person. The failure of such person to reply to the

commissioner, either accepting the denial or suspension or requesting a

hearing, within thirty days of the date of such notice, shall result in

the imposition of the denial or suspension. If the commissioner deems

any such person's operation of a motor vehicle on a public highway to be

an immediate hazard, he or she shall deny or suspend such license as

required under subparagraph (i) of this paragraph and such denial or

suspension shall be subject to the provisions of such subparagraph (i).

For the purposes of this subparagraph, a person's operation of a motor

vehicle on a public highway shall be deemed to constitute an immediate

hazard if the commissioner has received evidence that such person's loss

of consciousness has caused or contributed to a motor vehicle accident.

(iii) A physician's, physician assistant's or nurse practitioner's

statement shall not be acceptable unless such licensed physician,

physician assistant or nurse practitioner has attended or examined the

patient within one hundred twenty days of the date of such statement,

and if required by the commissioner, may be required to be submitted by

a physician licensed in a specialty appropriate to the condition in

question.

e. The commissioner may require the submission of physicians',

physician assistants' or nurse practitioners' statements on a scheduled

basis as a condition of licensing in those cases in which a person has

experienced loss of consciousness but meets standards of fitness as set

forth in rules and regulations prescribed by the commissioner, and the

physician's, physician assistant's or nurse practitioner's statement

indicates that medication is being taken to meet such standards and, in

the opinion of either the submitting physician, physician assistant or

nurse practitioner or the medical consultant to the commissioner, the

submission of such scheduled physician's, physician assistant's or nurse

practitioner's statements is considered necessary or desirable. However,

the provisions of this subdivision shall not be applicable in any case

where a person has been seizure free without medication for a minimum

period of one year and submits a physician's, physician assistant's or

nurse practitioner's statement.

f. Any hearing held pursuant to this subdivision shall be conducted in

conformity with the provisions of the state administrative procedure act

and any regulations promulgated by the commissioner thereunder. Judicial

review of a determination made by the commissioner after a hearing held

pursuant to this subdivision may be had without an administrative appeal

being made pursuant to article three-A of this chapter.