New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter A - DRIVER LICENSING AND TRAINING
Part 3 - Drivers' Licenses
Section 3.5 - Skills tests
Universal Citation: 15 NY Comp Codes Rules and Regs ยง 3.5
Current through Register Vol. 45, No. 52, December 27, 2023
(a) Representative vehicles.
Subdivision (5) of section 501-a of the Vehicle and Traffic Law provides that the Commissioner shall specify by regulation the type of motor vehicle or combination of vehicles that an applicant for a driver's license must operate during a skills test in order to receive a specific class of license or endorsement. The following types of vehicles and combinations of vehicles are representative vehicles for the various licenses classes and endorsements listed below.
(1) If a
skills test is taken and passed in a tractor-trailer combination (GCWR more
than 26,000 lbs., GVWR of trailer more than 10,000 lbs.) and the CDL general
knowledge and combination vehicle tests are passed, a class A license will be
issued. Unless the vehicle was equipped with air brakes and the CDL air brake
knowledge test has been passed, an air brake (L) restriction will be placed on
the license. A class non-commercial class license with a farm (F) endorsement
will be issued if a CDL general knowledge test has not been passed.
(2) If a skills test is taken and passed in a
bus tractor-trailer combination, and the CDL general knowledge, combination
vehicle and passenger tests are passed, a class A license with a P endorsement
will be issued. Unless the vehicle was equipped with air brakes and the CDL air
brake knowledge test has been passed, an air brake (L) restriction will be
placed on the license.
(3) If a
skills test is taken and passed in a truck-trailer combination (truck over
26,000 lbs. GVWR trailer over 10,000 lbs. GVWR) and the CDL general knowledge
and combination vehicle tests have been passed, a class A license with truck
trailer combination only (O) restriction will be issued. Unless the vehicle was
equipped with air brakes and the CDL air brake knowledge test has been passed,
an air brake (L) restriction will be placed on the license. If a skills test is
taken in a vehicle equipped with air over hydraulic brakes , a Z restriction
must be placed on the CDL. Air over hydraulic brakes includes any braking
system operating partially on the air brake and partially on the hydraulic
brake principle. A non-commercial class license with a covered farm (F) vehicle
endorsement with a truck trailer combination only (O) restriction will be
issued if a CDL general knowledge test has not been passed. A class C license
with a personal use vehicle (R) endorsement will be issued if a CDL general
knowledge test has not been passed.
(4) If a skills test is taken and passed in a truck-trailer
combination (truck up to 26,000 lbs. GVWR trailer over 10,000 lbs. GVWR) and
the CDL general knowledge and combination vehicle test have been passed, a
class A license with a truck-trailer combination only (truck cannot exceed
26,000 lbs. GVWR) (01) restriction will be issued. Unless the vehicle was
equipped with air brakes and the CDL air brake knowledge test has been passed,
an air brake (L) restriction will be placed on the license. If a skills test is
taken in a vehicle equipped with air over hydraulic brakes ,a Z restriction
must be placed on the CDL. Air over hydraulic brakes includes any braking
system operating partially on the air brake and partially on the hydraulic
brake principle. A non-commercial class license with a covered farm (F) vehicle
endorsement with a truck-trailer combination only (truck cannot exceed 26,000
lbs. GVWR) (01) restriction will be issued if a CDL general knowledge test has
not been passed. A class C license with a personal use vehicle (R) endorsement
will be issued if a CDL general knowledge test has not been passed.
(5) Repealed.
(6) If a skills test is taken and passed in a truck with a GVWR
over 26,000 lbs. and the CDL general knowledge test has been passed, a class B
license will be issued. Unless the vehicle was equipped with air brakes and the
CDL air brake knowledge test has been passed, an air brake (L) restriction will
be placed on the license. If a skills test is taken in a vehicle equipped with
air over hydraulic brakes , a Z restriction must be placed on the CDL. Air over
hydraulic brakes includes any braking system operating partially on the air
brake and partially on the hydraulic brake principle. A non-commercial class
license with a covered farm (G) vehicle endorsement will be issued if a CDL
general knowledge test has not been passed. A class C license with a personal
use vehicle (R) endorsement will be issued if a CDL general knowledge test has
not been passed.
(7)
Repealed.
(8) If a skills test is
taken and passed in a bus over 26,000 lbs. GVWR and the CDL general knowledge
and passenger endorsement tests have been passed, a class B license with a
passenger (P) endorsement will be issued. Unless the vehicle was equipped with
air brakes and the CDL air brake knowledge test has been passed an air brake
(L) restriction will be placed on the license. If a skills test is taken in a
vehicle equipped with air over hydraulic brakes, a Z restriction must be placed
on the CDL. Air over hydraulic brakes includes any braking system operating
partially on the air brake and partially on the hydraulic brake
principle.
(9) If a skills test is
taken and passed in a bus up to 26,000 lbs. GVWR and the CDL general knowledge
and passenger endorsement tests have been passed, a class C license with a
passenger (P) endorsement shall be issued. If the skills test is taken in a
vehicle with a designed adult seating capacity of not more than seven
passengers, an N2 restriction will be placed on the passenger endorsement. If
the skills test is taken in a passenger vehicle with a designed adult seating
capacity of from 8 to 14 passengers an N1 restriction will be placed on the
passenger endorsement. If the skills test is taken on a passenger vehicle with
a designed adult seating capacity of 15 or more passengers an (N) restriction
will be placed on the endorsement.
(10) If a skills test is taken and passed in
a motor vehicle not more than 26,000 lbs. GVWR and no CDL general knowledge
test has been passed, either a class E, D or DJ license will be issued
dependent upon the class for which application has been made and the age of the
applicant. A class C license with an H endorsement will be issued if the CDL
general knowledge and CDL hazardous material tests have been passed. A class C
license with a passenger (P) endorsement will be issued if the CDL general
knowledge and passenger endorsement tests have been passed. If the skills test
is taken in a vehicle with a designed adult seating capacity of not more than
seven passengers, an N2 restriction will be placed on the passenger
endorsement. If the skills test is taken in a passenger vehicle with a designed
adult seating capacity of from 8 to 14 passengers an N1 restriction will be
placed on the passenger endorsement. If the skills test is taken on a passenger
vehicle with a designed adult seating capacity of 15 or more passengers an (N)
restriction will be placed on the endorsement.
(11) If a skills test is taken and passed in
a limited use automobile with a maximum speed of 40 MPH, a class D or DJ
license will be issued with a limited use automobile (I) restriction (limited
to operation of limited use automobiles maximum speed 40 MPH).
(12) If a skills test is taken and passed on
a motorcycle, a class M or MJ license will be issued. If the test was taken on
a three-wheeled motorcycle, the license will have a three- wheeled motorcycle
(I4) restriction or if taken on a limited use motorcycle, a limited use
motorcycle (I1, I2, or I3) restriction will be placed on the license
restricting operation to limited use motorcycles with the respective maximum
speeds: 40 MPH, 30 MPH and 20 MPH.
(13) In addition to the other requirements of
this Part, if a skills test is taken and passed in a school bus over 26,000
lbs. GVWR or with a designed adult seating capacity of 15 or more passengers
and the CDL general knowledge, passenger, and school bus endorsement tests have
been passed, a school bus (S) endorsement will be placed on the CDL
license.
(b) Multiple skills tests.
If a licensee wishes to operate different types of vehicles for which skills tests in different types of representative vehicles must be taken, the licensee must take and pass separate skills tests in each type of representative vehicle.
(c) Limitations on skills tests.
Unless the applicant already holds a valid New York State license, no skills test will be given in any representative vehicle other than a vehicle which may be driven with a class E or M license.
(d) Refusal to give skills test.
An applicant may be refused a skills test if the vehicle in which the applicant is to be tested does not comply with the law, if the applicant does not have proper documents, if the accompanying driver (if required) is not properly licensed, or if the vehicle is carrying a dangerous load. Loads may be checked by the person giving the skills test.
(e)
(1) Use of recording equipment prohibited in
motor vehicles. No applicant or any other person, other than a Department of
Motor Vehicles employee or other party designated by the department, may use
any audio, visual or other recording equipment in or on a motor vehicle
operated by an applicant during a skills test. The skills test shall not be
conducted if the applicant or any other person, other than a Department of
Motor Vehicles employee or other designated party, uses or attempts to use
audio, visual or other recording equipment during the skills test.
(2) The provisions of paragraph (1) of this
subdivision shall not apply to equipment that is installed in or on a motor
vehicle by the department or a party designated by the department for security
or employee monitoring purposes. The Department of Motor Vehicles employee
conducting the skills test shall determine if the skills test may be taken with
such equipment installed in or on the vehicle.
Amended, New York State Register, Volume XXXVI, Issue 28, effective 7/16/2014
Amended New York State Register May 20, 2015/Volume XXXVII, Issue 20, eff. 7/8/2015
Amended New York State Register July 6, 2016/Volume XXXVIII, Issue 27, eff. 7/6/2016
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