N.Y. Veh. & Traf. Law § 502

§ 502. Requirements for licensing. * 1. Application for license.\nApplication for a driver's license shall be made to the commissioner.\nThe fee prescribed by law may be submitted with such application. The\napplicant shall furnish such proof of identity, age, and fitness as may\nbe required by the commissioner. The commissioner may also provide that\nthe application procedure shall include the taking of a photo image or\nimages of the applicant in accordance with rules and regulations\nprescribed by the commissioner. In addition, the commissioner also shall\nrequire that the applicant provide his or her social security number and\nprovide space on the application so that the applicant may register in\nthe New York state organ and tissue donor registry under section\nforty-three hundred ten of the public health law, and space so that the\napplicant may request a notation upon such license that he or she is a\nveteran of the United States armed forces. In addition, an applicant for\na commercial driver's license who will operate a commercial motor\nvehicle in interstate commerce shall certify that such applicant meets\nthe requirements to operate a commercial motor vehicle, as set forth in\npublic law 99-570, title XII, and title 49 of the code of federal\nregulations, and all regulations promulgated by the United States\nsecretary of transportation under the hazardous materials transportation\nact. In addition, an applicant for a commercial driver's license shall\nsubmit a medical certificate at such intervals as required by the\nfederal motor carrier safety improvement act of 1999 and Part 383.71(h)\nof title 49 of the code of federal regulations relating to medical\ncertification and in a manner prescribed by the commissioner. For\npurposes of this section and sections five hundred three, five hundred\nten-a, and five hundred ten-aa of this title, the terms "medical\ncertificate" and "medical certification" shall mean a form substantially\nin compliance with the form set forth in Part 391.43(h) of title 49 of\nthe code of federal regulations. Upon a determination that the holder of\na commercial driver's license has made any false statement, with respect\nto the application for such license, the commissioner shall revoke such\nlicense.\n * NB Separately amended, cannot be together\n * 1. Application for license. Application for a driver's license shall\nbe made to the commissioner. The fee prescribed by law may be submitted\nwith such application. The applicant shall furnish such proof of\nidentity, age, and fitness as may be required by the commissioner. The\ncommissioner may also provide that the application procedure shall\ninclude the taking of a photo image or images of the applicant in\naccordance with rules and regulations prescribed by the commissioner. In\naddition, the commissioner also shall require that the applicant provide\nhis or her social security number and shall provide space on the\napplication so that the applicant may register in the New York state\norgan and tissue donor registry under section forty-three hundred ten of\nthe public health law with the following stated on the application in\nclear and conspicuous type:\n "You must fill out the following section: Would you like to be added\nto the Donate Life Registry? Check box for 'yes' or 'skip this\nquestion'."\n The commissioner of the department of health shall not maintain\nrecords of any person who checks "skip this question". Failure to check\na box shall not impair the validity of an application, and failure to\ncheck "yes" or checking "skip this question" shall not be construed to\nimply a wish not to donate. In the case of an applicant under eighteen\nyears of age, checking "yes" shall not constitute consent to make an\nanatomical gift or registration in the donate life registry. Where an\napplicant has previously consented to make an anatomical gift or\nregistered in the donate life registry, checking "skip this question" or\nfailing to check a box shall not impair that consent or registration. In\naddition, an applicant for a commercial driver's license who will\noperate a commercial motor vehicle in interstate commerce shall certify\nthat such applicant meets the requirements to operate a commercial motor\nvehicle, as set forth in public law 99-570, title XII, and title 49 of\nthe code of federal regulations, and all regulations promulgated by the\nUnited States secretary of transportation under the hazardous materials\ntransportation act. In addition, an applicant for a commercial driver's\nlicense shall submit a medical certificate at such intervals as required\nby the federal motor carrier safety improvement act of 1999 and Part\n383.71(h) of title 49 of the code of federal regulations relating to\nmedical certification and in a manner prescribed by the commissioner.\nFor purposes of this section and sections five hundred three, five\nhundred ten-a, and five hundred ten-aa of this title, the terms "medical\ncertificate" and "medical certification" shall mean a form substantially\nin compliance with the form set forth in Part 391.43(h) of title 49 of\nthe code of federal regulations. Upon a determination that the holder of\na commercial driver's license has made any false statement, with respect\nto the application for such license, the commissioner shall revoke such\nlicense.\n * NB Effective until October 3, 2016\n * NB Separately amended, cannot be put together\n * 1. Application for license. Application for a driver's license shall\nbe made to the commissioner. The fee prescribed by law may be submitted\nwith such application. The applicant shall furnish such proof of\nidentity, age, and fitness as may be required by the commissioner. The\ncommissioner may also provide that the application procedure shall\ninclude the taking of a photo image or images of the applicant in\naccordance with rules and regulations prescribed by the commissioner. In\naddition, the commissioner also shall require that the applicant provide\nhis or her social security number and provide space on the application\nso that the applicant may register in the New York state organ and\ntissue donor registry under section forty-three hundred ten of the\npublic health law, and space so that the applicant may request a\nnotation upon such license that he or she is a veteran of the United\nStates armed forces. In addition, an applicant for a commercial driver's\nlicense who will operate a commercial motor vehicle in interstate\ncommerce shall certify that such applicant meets the requirements to\noperate a commercial motor vehicle, as set forth in public law 99-570,\ntitle XII, and title 49 of the code of federal regulations, and all\nregulations promulgated by the United States secretary of transportation\nunder the hazardous materials transportation act. In addition, an\napplicant for a commercial driver's license shall submit a medical\ncertificate at such intervals as required by the federal motor carrier\nsafety improvement act of 1999 and Part 383.71(h) of title 49 of the\ncode of federal regulations relating to medical certification and in a\nmanner prescribed by the commissioner. For purposes of this section and\nsections five hundred three, five hundred ten-a, and five hundred ten-aa\nof this title, the terms "medical certificate" and "medical\ncertification" shall mean a form substantially in compliance with the\nform set forth in Part 391.43(h) of title 49 of the code of federal\nregulations. Upon a determination that the holder of a commercial\ndriver's license has made any false statement, with respect to the\napplication for such license, the commissioner shall revoke such\nlicense.\n * NB Effective October 3, 2016\n 2. Age. (a) An applicant for a class A license or for a commercial\ndriver's license which contains an H or an X endorsement or which is\nvalid for operation in interstate commerce shall be at least twenty-one\nyears of age.\n (b) Except as provided in paragraph (a) of this subdivision an\napplicant for a class B, C or E license shall be at least eighteen years\nof age.\n (c) An applicant for a class D or M license shall be at least eighteen\nyears of age, except that an application shall be accepted if the\napplicant is at least seventeen years of age and submits acceptable\nproof of successful completion of a driver education course, approved by\nthe state education department and the commissioner, and proof of\ncompletion of the minimum hours of supervised driving as required in\nparagraph (d) of this subdivision.\n (d) An applicant for a class DJ or MJ license shall be at least\nsixteen years of age and such applicant must submit written consent to\nthe issuance of such license by the applicant's parent or guardian. Upon\nreceipt of withdrawal of such consent, any class DJ or MJ license,\nlearner's permit or license application shall be cancelled. No class DJ\nor MJ license shall be issued unless the applicant presents, at the time\nof the road test administered pursuant to paragraph (b) of subdivision\nfour of this section, a written certification by the applicant's parent\nor guardian that such applicant has operated a motor vehicle for no less\nthan fifty hours, at least fifteen hours of which shall be after sunset,\nunder the immediate supervision of a person as authorized pursuant to\nsubparagraph (ii) of paragraph (a) or paragraph (b) of subdivision five\nof section five hundred one of this article, a driver education teacher\npursuant to section eight hundred six-a of the education law or a\ndriving school instructor pursuant to subdivision seven-a of section\nthree hundred ninety-four of this chapter.\n 3. Application for learner's permit. An application for a learner's\npermit shall be included in the application for a license. A learner's\npermit shall be issued in such form as the commissioner shall determine\nbut shall not be issued unless the applicant has successfully passed the\nvision test required by this section and the test set forth in paragraph\n(a) of subdivision four of this section with respect to laws relating to\ntraffic and ability to read and comprehend traffic signs and symbols and\nhas satisfactorily completed any course required pursuant to paragraph\n(a) of subdivision four of this section. Upon acceptance of an\napplication for a learner's permit the commissioner shall provide the\napplicant with a driver's manual which includes but is not limited to\nthe laws relating to traffic, the laws relating to and physiological\neffects of driving while ability impaired and driving while intoxicated,\nthe law for exercising due care to avoid colliding with a parked,\nstopped or standing authorized emergency vehicle or hazard vehicle\npursuant to section eleven hundred forty-four-a of this chapter,\nexplanations of traffic signs and symbols and such other matters as the\ncommissioner may prescribe.\n 4. Examinations. (a) (i) Upon submission of an application for a\ndriver's license, the applicant shall be required to take and pass a\ntest, or submit evidence of passage of a test, with respect to the laws\nrelating to traffic, the laws relating to driving while ability is\nimpaired and while intoxicated, under the overpowering influence of\n"Road Rage", or "Work Zone Safety" awareness as defined by the\ncommissioner, the law relating to exercising due care to avoid colliding\nwith a parked, stopped or standing authorized emergency vehicle or\nhazard vehicle pursuant to section eleven hundred forty-four-a of this\nchapter, the ability to read and comprehend traffic signs and symbols\nand such other matters as the commissioner may prescribe, and to\nsatisfactorily complete a course prescribed by the commissioner of not\nless than four hours and not more than five hours, consisting of\nclassroom driver training and highway safety instruction or the\nequivalent thereof. Such test shall include at least seven written\nquestions concerning the effects of consumption of alcohol or drugs on\nthe ability of a person to operate a motor vehicle and the legal and\nfinancial consequences resulting from violations of section eleven\nhundred ninety-two of this chapter, prohibiting the operation of a motor\nvehicle while under the influence of alcohol or drugs. Such test shall\ninclude one or more written questions concerning the devastating effects\nof "Road Rage" on the ability of a person to operate a motor vehicle and\nthe legal and financial consequences resulting from assaulting,\nthreatening or interfering with the lawful conduct of another person\nlegally using the roadway. Such test shall include one or more questions\nconcerning the potential dangers to persons and equipment resulting from\nthe unsafe operation of a motor vehicle in a work zone. Such test may\ninclude one or more questions concerning the law for exercising due care\nto avoid colliding with a parked, stopped or standing authorized\nemergency vehicle or hazard vehicle pursuant to section eleven hundred\nforty-four-a of this chapter. Such test shall be administered by the\ncommissioner. The commissioner shall cause the applicant to take a\nvision test and a test for color blindness. Upon passage of the vision\ntest, the application may be accepted and the application fee shall be\npayable.\n (ii) The commissioner shall promulgate rules and regulations\nestablishing eligibility standards for the taking and passing of\nknowledge tests in other than written form.\n (b) Upon successful completion of the requirements set forth in\nparagraph (a) of this subdivision which shall include an alcohol and\ndrug education component as described in paragraph (c) of this\nsubdivision, a "Road Rage" awareness component as described in paragraph\n(c-1) of this subdivision and a "Work Zone Safety" awareness component\nas described in paragraph (c-2) of this subdivision, the commissioner\nshall cause the applicant to take a road test in a representative\nvehicle of a type prescribed by the commissioner which shall be\nappropriate to the type of license for which application is made, except\nthat the commissioner may waive the road test requirements for certain\nclasses of applicants. The commissioner shall have the power to\nestablish a program to allow persons other than employees of the\ndepartment to conduct road tests in representative vehicles when such\ntests are required for applicants to obtain a class A, B or C license.\nIf she chooses to do so, she shall set forth her reasons in writing and\nconduct a public hearing on the matter. She shall only establish such a\nprogram after holding the public hearing.\n (c) Alcohol and drug education component. The commissioner shall\nprovide in the pre-licensing course, set forth in paragraph (b) of this\nsubdivision a mandatory component in alcohol and drug education of not\nless than two hours as a prerequisite for obtaining a license to operate\na motor vehicle. The purpose of the component is to educate prospective\nlicensees on the effects that ingestion of alcohol and other drugs have\non a person's ability to operate a motor vehicle. The commissioner shall\nestablish a curriculum for the alcohol and drug education component\nwhich shall include but not be limited to: instruction describing the\nhazards of driving while impaired or intoxicated; the penalties for\nalcohol related motor vehicle violations including sanctions set forth\nin the penal law that apply to homicides and assaults arising out of the\noperation of a motor vehicle while intoxicated and those sanctions set\nforth in the vehicle and traffic law relating to driving while\nintoxicated; and the medical, biological and physiological effects of\nthe consumption of alcohol and their impact on the operation of a motor\nvehicle.\n (c-1) "Road Rage" awareness component. The commissioner shall provide\nin the pre-licensing course, set forth in paragraph (b) of this\nsubdivision a mandatory component in "Road Rage" awareness education as\na prerequisite for obtaining a license to operate a motor vehicle. The\npurpose of the component is to educate prospective licensees on the\neffects that the development and expression of "Road Rage", as defined\nby the commissioner, have on a person's ability to operate a motor\nvehicle. The commissioner shall establish a curriculum for the "Road\nRage" component which shall include but not be limited to: instruction\ndescribing the hazards of driving and exiting the vehicle while under\nthe influence of "Road Rage"; the penalties for "Road Rage"-related\nmotor vehicle or other violations including sanctions set forth in the\npenal law that apply to homicides and assaults arising out of the\noperation of a motor vehicle while expressing "Road Rage", and any\nsanctions set forth in law relating to driving while under the influence\nof "Road Rage"; and the medical, biological and physiological effects of\nthe development and expression of "Road Rage", and their impact on the\noperation of a motor vehicle. The commissioner is charged with the\nresponsibility for defining the term "Road Rage", as used in this\nparagraph, in consultation with law enforcement personnel, medical\nprofessionals, representatives of the court system, highway safety\nofficials, and any other group that the commissioner believes can\ncontribute to a comprehensive statement of the issue.\n (c-2) "Work Zone Safety" awareness component. (i) The commissioner\nshall provide in the pre-licensing course, set forth in paragraph (b) of\nthis subdivision, a mandatory component in "Work Zone Safety" awareness\neducation as a prerequisite for obtaining a license to operate a motor\nvehicle. The purpose of the component is to educate prospective\nlicensees on the potential dangers to construction workers, construction\nequipment operators and operators of motor vehicles in a highway work\nzone. For the purposes of this paragraph, the term "work zone" shall\ninclude "work area" as defined by section one hundred sixty of this\nchapter, and "restricted highway" as authorized in section sixteen\nhundred twenty-five of this chapter.\n (ii) The commissioner shall establish a curriculum for the "Work Zone\nSafety" component which shall include but not be limited to: instruction\ndescribing the potential hazards of driving through a work zone, whether\nor not work, maintenance or other related construction is being\nundertaken therein, and information on the provisions of law relating to\ndriving within a work zone and sanctions for violations of such\nprovisions, including speeding in a work zone.\n (iii) In developing such curriculum, the commissioner shall consult\nwith the commissioner of transportation, the superintendent of the state\npolice, representatives of the highway construction industry,\nrepresentatives of highway construction workers, highway safety\nofficials, and any other group that the commissioner believes can\ncontribute to a comprehensive presentation of the issue.\n (d) The commissioner shall make available for distribution upon\nregistration at each location where the pre-licensing course will be\ngiven, instructional handbooks outlining the content of the entire\ncurriculum of the pre-licensing course including the information\nrequired to be included in the course pursuant to paragraphs (c), (c-1)\nand (c-2) of this subdivision. The commissioner shall also provide for\nthe additional training of the instructors necessary for the competent\ninstruction of the alcohol and drug education and "Road Rage" awareness\nand "Work Zone Safety" awareness subject matters of the pre-licensing\ncourse.\n (e) The commissioner shall make available to each applicant for a\ncommercial driver's license instructional handbooks outlining the\nrequirements necessary to qualify for such license, and containing a\ndiscussion of the offenses which will result in disqualification from\noperating a commercial motor vehicle as defined in section five hundred\none-a of this chapter. Such handbooks shall be available in both English\nand Spanish language versions.\n (f) The commissioner shall promulgate such rules and regulations as\nare necessary to carry out the provisions of this section.\n (g) The commissioner may, in his discretion, waive the requirement for\npassage of a test with respect to the laws relating to traffic, the laws\nrelating to driving while ability is impaired and while intoxicated and\nthe ability to read and comprehend traffic signs and symbols, and the\nrequirement for completion of the course set forth in paragraph (a) of\nthis subdivision for applicants who hold a valid or renewable driver's\nlicense issued by another jurisdiction or the United States government.\n (h) Course completion certificate fee. The fee for a course completion\ncertificate provided by the department to an entity that is approved by\nthe commissioner to offer the pre-licensing course, required by this\nsubdivision, for issuance by such entity to students upon their\ncompletion of such pre-licensing course shall be one dollar. Such fee\nshall be paid by such entity and shall not be charged to a person who\ntakes the course in any manner.\n 5. Issuance of license. (a) Upon successful completion of the\nrequirements set forth in subdivision four of this section, and upon\npayment of the fee prescribed by law, the commissioner shall issue an\nappropriate license to the applicant, except that the commissioner may\nrefuse to issue such license\n (i) if the applicant is the holder of a currently valid or renewable\nlicense to drive issued by another state or foreign country unless the\napplicant surrenders such license, or\n (ii) if such issuance would be inconsistent with the provisions of\nsection five hundred sixteen of this chapter.\n (b) The commissioner shall, with respect to the issuance of a\nhazardous materials endorsement, comply with the requirements imposed\nupon states pursuant to sections 383.141 and 1572.13 of title 49 of the\ncode of federal regulations.\n (c) The commissioner shall not issue a commercial driver's license to\na person while such person would be subject to disqualification from\noperating a commercial motor vehicle for any cause set forth in the\ncommercial motor vehicle safety act of nineteen hundred eighty-six,\npublic law 99-570, title XII and regulations promulgated thereunder. In\naddition, the commissioner shall suspend a commercial driver's license\nfor the period of time in which such driver is determined to constitute\nan imminent hazard and is disqualified pursuant to 49 C.F.R 383.52.\n 6. Renewal of license. (a) A license issued pursuant to subdivision\nfive of this section shall be valid until the expiration date contained\nthereon, unless such license is suspended, revoked or cancelled. Such\nlicense may be renewed by submission of an application for renewal, the\nfee prescribed by law, proofs of prior licensing, fitness and acceptable\nvision prescribed by the commissioner, the applicant's social security\nnumber, and if required by the commissioner a photo image of the\napplicant in such numbers and form as the commissioner shall prescribe.\nIn addition, an applicant for renewal of a license containing a\nhazardous material endorsement shall pass an examination to retain such\nendorsement. The commissioner shall, with respect to the renewal of a\nhazardous materials endorsement, comply with the requirements imposed\nupon states by sections 383.141 and 1572.13 of title 49 of the code of\nfederal regulations. A renewal of such license shall be issued by the\ncommissioner upon approval of such application, except that no such\nlicense shall be issued if its issuance would be inconsistent with the\nprovisions of section five hundred sixteen of this title, and except\nthat the commissioner may refuse to renew such license if the applicant\nis the holder of a currently valid or renewable license to drive issued\nby another state or foreign country unless the applicant surrenders such\nlicense.\n (b) Time for renewal. A renewal license may only be issued if an\napplication for such license is filed within two years from the date of\nexpiration of the prior license. Such application may be filed prior to\nthe expiration of the license being renewed for a period of time as\nprovided by regulation of the commissioner.\n 7. Compliance with selective service act required. (a) All persons who\nare at least eighteen years of age but less than twenty-six years of age\nwho apply to the commissioner for a learner's permit, driver's license,\nrenewal of license, or non-driver's identification card, shall either:\n(i) be in compliance with the requirements of the military selective\nservice act as provided for pursuant to 50 U.S.C. App 451 et. seq., as\namended, or (ii) consent to permit the commissioner to forward such\ninformation as is required to register such individual with the\nselective service system, if such individual must be registered pursuant\nto such act.\n (b) The commissioner shall forward in an electronic format the\nnecessary personal information required for registration of such\nindividuals specified in paragraph (a) of this subdivision with the\nselective service system. Such individual's application to the\ncommissioner for a learner's permit, driver's license, renewal of\nlicense or non-drivers' identification card shall serve as an indication\nthat the applicant has already registered with the military selective\nservice act or that such individual is authorizing the commissioner to\nforward to the selective service system the necessary information for\nsuch selective service registration. The commissioner shall notify such\napplicants on the application form that any application for a learner's\npermit, driver's license, renewal of license or non-driver's\nidentification card shall serve as consent to be registered with the\nselective service system, if so required by federal law.\n