N.Y. Vehicle & Traffic Law § 530: Restricted use licenses

§ 530. Restricted use licenses. A person whose driving license or

privilege of operating a motor vehicle in this state has been heretofore

suspended or revoked pursuant to the provisions of section five hundred

ten of this chapter or whose driver's license or privilege has been

revoked pursuant to section three hundred eighteen of this chapter and

for whom the holding of a valid license is a necessary incident to his

employment, business, trade, occupation or profession, or to his travel

to and from a class or course at an accredited school, college or

university or at a state approved institution of vocational or technical

training or enroute to and from a medical examination or treatment as

part of a necessary medical treatment for such participant or member of

his household, as evidenced by a written statement to that effect from a

licensed medical practitioner may thereafter apply for and may be issued

a restricted use license or if the holder of a license issued by another

jurisdiction valid for operation in this state, a restricted use

privilege of operating a motor vehicle in this state as provided herein.

(1) The issuance of a restricted use license or privilege shall be in

the discretion of the commissioner of motor vehicles or his duly

authorized agent, who may require the applicant to attend a driver

rehabilitation program specified by the commissioner, and shall be

issued only after it is established to the reasonable satisfaction of

the issuing officer that a driving license or privilege is a necessary

incident to the applicant's employment, business, trade, occupation or

profession, or to his travel to and from a class or course at an

accredited school, college or university or at a state approved

institution of vocational or technical training or enroute to and from a

medical examination or treatment as part of a necessary medical

treatment for such participant or member of his household, as evidenced

by a written statement to that effect from a licensed medical

practitioner and that a denial of such license or privilege would

deprive the person of his usual means of livelihood and thereby

constitute an unwarranted and substantial financial hardship on the

applicant and his immediate family or would seriously impair such

person's ability to meet the requirements of his education.

(2) Such license or privilege shall not be issued to a person who,

within the four year period immediately preceding the date of

application, has been convicted within or without the state of homicide

or assault arising out of the operation of a motor vehicle, of

criminally negligent homicide or criminal negligence in the operation of

a motor vehicle resulting in death, or has been convicted within the

state of a violation of subdivision two of section six hundred of this

chapter or of reckless driving. Such license or privilege shall not be

issued to a person whose license or privilege, at the time of

application, is revoked pursuant to the provisions of subparagraph (x)

or (xi) of paragraph a of subdivision two of section five hundred ten of

this chapter. Such license or privilege shall not be issued to a person

whose license or privilege is suspended or revoked because of a

conviction of a violation of subdivision one, two, two-a, three, four or

four-a of section eleven hundred ninety-two of this chapter or a similar

offense in another jurisdiction, or whose license or privilege is

revoked by the commissioner for refusal to submit to a chemical test

pursuant to subdivision two of section eleven hundred ninety-four of

this chapter. Such license or privilege shall not be issued to a person

who within the five year period immediately preceding the date of

application for such license or privilege has been convicted of a

violation of subdivision one, two, two-a, three, four or four-a of

section eleven hundred ninety-two of this chapter or a similar

alcohol-related offense in another jurisdiction, or whose license or

privilege has been revoked by the commissioner for refusal to submit to

a chemical test pursuant to subdivision two of section eleven hundred

ninety-four of this chapter, except that such a license or privilege may

be issued to such a person if, after such conviction or revocation, such

person successfully completed an alcohol and drug rehabilitation program

established pursuant to article thirty-one of this chapter in

conjunction with such conviction or revocation. Provided, however, that

nothing herein shall be construed as prohibiting an operator from being

issued a limited or conditional license or privilege pursuant to any

alcohol rehabilitation program established pursuant to this chapter.

(3) Such license or privilege and renewal thereof shall be issued for

a period not exceeding the period during which such person's regular

driver's license or privilege has been suspended or revoked, shall be

marked and identified as a restricted use license or privilege and shall

be valid only: (a) during the time the holder is actually engaged in

pursuing or commuting to or from his business, trade, occupation or

profession, (b) en route to and from a driver rehabilitation program or

related activity specified by the commissioner at which his attendance

is required, (c) to and from a class or course at an accredited school,

college or university or at a state approved institution of vocational

or technical training, (d) enroute to and from a medical examination or

treatment as part of a necessary medical treatment for such participant

or member of his household, as evidenced by a written statement to that

effect from a licensed medical practitioner, or (e) enroute to and from

a place, including a school, at which the child or children of the

holder are cared for on a regular basis and which is necessary for the

holder to maintain such holder's employment or enrollment at an

accredited school, college or university or at a state approved

institution of vocational or technical training and shall contain the

terms and conditions under which it is issued and is valid. In the event

the holder of a restricted use license or privilege is convicted of: any

violation (other than parking, stopping or standing) or of operating a

motor vehicle for other than his employment, business, trade,

occupational or professional or other purposes for which the license or

privilege was issued, or does not comply with other requirements

established by the commissioner, such license or privilege may be

revoked and the holder shall not be eligible to receive a license or

privilege pursuant to this section for a period of five years from the

date of such revocation.

(4) The fee for a restricted use license or privilege shall be

seventy-five dollars to be paid upon the issuance thereof, and such fee

shall not be refundable.

(4-a) Fees assessed for a restricted use license or privilege shall be

paid to the commissioner for deposit in the general fund.

* (5) A restricted use license or privilege shall be valid for the

operation of any motor vehicle, except a vehicle for hire as a taxicab,

livery, coach, limousine, van or wheelchair accessible van or tow truck

as defined in this chapter subject to the conditions set forth herein,

which the holder would otherwise be entitled to operate had his drivers

license or privilege not been suspended or revoked. Notwithstanding

anything to the contrary in a certificate of relief from disabilities or

a certificate of good conduct issued pursuant to article twenty-three of

the correction law, a restricted use license shall not be valid for the

operation of a commercial motor vehicle. A restricted use license shall

not be valid for the operation of a vehicle for hire as a taxicab,

livery, coach, limousine, van or wheelchair accessible van or tow truck

where the holder thereof had his or her drivers license suspended or

revoked and (i) such suspension or revocation is mandatory pursuant to

the provisions of subdivision two or two-a of section five hundred ten

of this title; or (ii) any such suspension is permissive for habitual or

persistent violations of this chapter or any local law relating to

traffic as set forth in paragraph d or i of subdivision three of section

five hundred ten of this title; or (iii) any such suspension is

permissive and has been imposed by a magistrate, justice or judge of any

city, town or village, any supreme court justice, any county judge, or

judge of a district court. Except for a commercial motor vehicle as

defined in subdivision four of section five hundred one-a of this title,

the restrictions on types of vehicles which may be operated with a

restricted license contained in this subdivision shall not be applicable

to a restricted license issued to a person whose license has been

suspended pursuant to paragraph three of subdivision four-e of section

five hundred ten of this title.

* NB Effective until August 31, 2027

* (5) A restricted use license or privilege shall be valid for the

operation of any motor vehicle, except a commercial motor vehicle or a

vehicle for hire as a taxicab, livery, coach, limousine, van or

wheelchair accessible van or tow truck as defined in this chapter

subject to the conditions set forth herein, which the holder would

otherwise be entitled to operate had his drivers license or privilege

not been suspended or revoked. A restricted use license shall not be

valid for the operation of a vehicle for hire as a taxicab, livery,

coach, limousine, van or wheelchair accessible van or tow truck where

the holder thereof had his or her drivers license suspended or revoked

and (i) such suspension or revocation is mandatory pursuant to the

provisions of subdivision two or two-a of section five hundred ten of

this chapter or (ii) any such suspension is permissive for habitual or

persistent violations of this chapter or any local law relating to

traffic as set forth in paragraph (d) or (i) of subdivision three of

section five hundred ten of this chapter; or (iii) any such suspension

is permissive and has been imposed by a magistrate, justice or judge of

any city, town or village, any supreme court justice, any county judge,

or judge of a district court.

* NB Effective August 31, 2027

* (5-a) Issuance of a restricted license shall not be denied to any

person whose license is suspended pursuant to paragraph three of

subdivision four-e of section five hundred ten of this chapter 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 four-e of section five

hundred ten of this chapter shall not in any way affect a person's

possible eligibility for a restricted license at some future time.

* NB Repealed August 31, 2027

(5-b) Issuance of a restricted license shall not be denied to any

person whose license is suspended pursuant to subdivision four-f of

section five hundred ten of this title for any reason other than such

person's failure to otherwise have a valid or renewable driver's

license. The restrictions on the types of vehicles which may be operated

with a restricted license contained in such subdivision five of this

section shall not be applicable to a restricted license issued to a

person pursuant to subdivision four-f of section five hundred ten of

this title. The issuance of a restricted license issued as a result of a

suspension under subdivision four-f of section five hundred ten of this

title shall not in any way affect a person's eligibility for a

restricted license at some future time.

(6) It shall be a traffic infraction for the holder of a restricted

use license or privilege to operate a motor vehicle upon a public

highway for any use other than those authorized pursuant to subdivision

three of this section.

(7) Subject to the limitation prescribed in subdivision four of this

section, a restricted use license or privilege shall be valid until the

expiration date of any unrestricted driver's license which was held by

such person prior to the suspension or revocation upon which the

restricted use license or privilege has been issued. Upon such

expiration, the restricted use license or privilege may be renewed for

the same fee for which such unrestricted license could have been renewed

and such renewal fee shall be applied to the renewal, if issued by this

state, or reissuance of his unrestricted driver's license when such

license is eligible for issuance.

(8) The commissioner shall establish a schedule of fees to be paid by

or on behalf of each person who is required to attend a driver

rehabilitation program as a condition to the issuance of a restricted

use license or privilege, and he may, from time to time, modify the

same. Such fees shall defray the ongoing expenses of the program. In no

event shall such fee be refundable. A driver improvement program

established pursuant to section five hundred twenty-three-a of this

chapter may be designated by the commissioner as a driver rehabilitation

program under this section if the curriculum and other requirements both

for the purposes of this section and section five hundred twenty-three-a

of this chapter are satisfied by such program. Where the commissioner

has approved any driver improvement program conducted by local

authorities as a driver rehabilitation program under this section, any

fee required for attendance at such program shall be paid to the agency

conducting such program.

(9) In order to effectuate the purpose of this section the

commissioner shall establish and publish rules and regulations as may be

necessary for the administration hereof.