Current through Register Vol. 46, No. 12, March 20, 2024
(a) The issuance of a restricted license
shall be denied to any person in any case in which a review of such person's
driving record, or additional information secured by the department, indicates
that any of the following conditions apply:
(1) The person has, within the four-year
period immediately preceding the date of application, been convicted within or
without the State of homicide or assault, criminal negligence or criminally
negligent homicide arising out of the operation of a motor vehicle.
(2) The person has, within the four-year
period immediately preceding the date of application, been convicted in this
State of leaving the scene of a personal injury accident or reckless
driving.
(3) The suspension or
revocation is issued pursuant to the provisions of subparagraph (ii) or (vii)
of paragraph (a) of subdivision 2, or paragraph (e) or (f) of subdivision 3, of
section
510 of the Vehicle and Traffic
Law.
(4) The person has, within the
five-year period immediately preceding the date of application, been convicted
of a violation of any subdivision of section
1192 of the Vehicle and Traffic Law, or a
similar alcohol-related offense in another jurisdiction, or has had his license
revoked for refusal to submit to a chemical test pursuant to subdivision 2 of
section
1194 of the Vehicle and Traffic Law, unless
after such conviction or revocation such person successfully completed an
alcohol and drug rehabilitation program established pursuant to article 21 of
the Vehicle and Traffic Law in conjunction with such conviction or
revocation.
(5) The person has had
a restricted license revoked within the last five years.
(6) The person does not have a currently
valid New York State driver's license. This paragraph shall not apply to a
person whose New York State driver' s license has expired, but is still
renewable, nor to a person who would have a currently valid New York State
driver's license except for the revocation or suspension upon which the
application for a restricted license is based.
(7) The person has had a prior restricted
license within the last three years.
(8) The suspension is for a definite period
of 30 days or less, or is a permissive suspension or revocation imposed by a
judge pursuant to subdivision (3) of section
510 of the Vehicle and Traffic Law, or is an
indefinite suspension which can be terminated by the performance of an act by
the licensee.
(9) The person has
had a series of convictions, incidents and/or accidents or has a medical or
mental condition, which in the judgment of the commissioner or his designated
agent tends to establish that the person would be an unusual and immediate risk
upon the highways.
(10) The person
has a combination of safety factors resulting in 25 or more negative units, as
set forth in section
136.6(a)
of this Title.
(11) The person was
the holder of a limited DJ or limited MJ license at the time of the violation
which resulted in the suspension or revocation.
(12) The revocation is issued pursuant to the
provisions of subparagraph (x) or (xi) of paragraph (a) of subdivision (2) of
section
510 of the Vehicle and Traffic
Law.
(13) The conviction,
adjudication or finding upon which eligibility for a restricted license is
based involved a fatal accident.
(b) If a person has been issued a restricted
license, but, prior to the reissuance of a driver's license, information is
received by the department which indicates that such person was not eligible
for a restricted license, his restricted license will be revoked.
(c) Notwithstanding the provisions of this
subdivision, issuance of a restricted license shall not be denied to any person
whose license is suspended pursuant to paragraph 3 of subdivision 4-e of
section
510 of the Vehicle and Traffic Law 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 4-e of section
510 of the Vehicle and Traffic Law shall not
in any way affect a person's possible eligibility for a restricted license at
some future time.
