N.Y. Comp. Codes R. & Regs. tit. 15 § 134.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 134.9 - Conditional license

A conditional license will be issued only by the department which will establish the conditions applicable to each individual license based upon information submitted by the applicant.

(a) Form of conditional license. The conditional license will be a two-part form. One part shall be computer generated and will bear a notation indicating that it is a conditional license. The other part will be manually generated and will contain the specific conditions applicable to that particular conditional license. The holder of a conditional license, when required to display such license, must display both parts of such license.

(b) Establishment of conditions. Each conditional license shall contain the condition that such license shall be subject to revocation for operation outside of the limitations appearing on such license. Each conditional license will contain the limitations or use of such license as prescribed by the department, and as accepted by the holder. Such conditions shall be limited to operation: to and from the holder's place of employment; during the course of employment, when required; to and from a class or an activity which is an authorized part of the rehabilitation program and at which the holder's attendance is required; enroute to and from a class or course at an accredited school or approved institute of vocational or technical training; 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; during a three-hour consecutive daytime period as specified by the department on a day during which the holder is not engaged in his usual employment or vocation; to and from court-ordered probation activities; to and from a motor vehicle office for the transaction of business relating to such license or program; or enroute to and from a place, including a school, at which a 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;

(c) A conditional license issued to a person convicted of, or adjudicated a youthful offender for, a violation of any subdivision of section 1192 of the Vehicle and Traffic Law or found to have violated section 1192-a of such law shall not be valid for the operation of commercial motor vehicles as defined in section 501-a of such law or taxicabs as defined in section 148-a of such law.

(d) Revocation of conditional license.

(1) A conditional license which has been issued shall be revoked upon: the holder's conviction of any traffic violation, other than parking, stopping, standing, equipment, inspection or other nonmoving violations where such violation occurred during the period of validity of the conditional license; or for the holder's failure to attend any portion or portions of the rehabilitation program in accordance with attendance rules established for the program. A revocation for any of the above reasons shall be issued without a hearing based upon receipt of a certificate of conviction, or in the case of failure to attend any portion or portions of the rehabilitation program upon certification of the person administering such program. In addition, the commissioner may revoke a conditional license after a hearing, based upon a finding that the holder has not satisfactorily participated in the rehabilitation program, or that the holder is not attempting in good faith to accept rehabilitation, or upon a complaint that the holder is operating or has operated a motor vehicle in violation of the conditions imposed on his conditional license. The commissioner may also revoke a conditional license without a hearing upon receipt of a certificate of conviction which indicates that the applicant has driven in violation of the conditions of such license.

(2) Persons under 21 years of age. The provisions of this subdivision shall apply to any person under the age of 21 who enters a rehabilitation program and is issued a conditional license as a result of a conviction for a violation of any subdivision of section 1192 of the Vehicle and Traffic Law, committed when such person was under the age of 21. Notwithstanding any other provisions of this Part, if any such person's conditional license is revoked and such person has completed a rehabilitation program as provided for in section 134.10 of this Part, time served shall be credited toward the remaining portion of the revocation period, calculated from the effective date of the order of revocation which resulted in the issuance of the conditional license, to the date of the violation which resulted in the revocation of the conditional license.

(e) Extra-territorial effect of conditional license. Whether a conditional license will be honored by other states will be dependent upon the laws of each such other state. This state will honor a similar type license issued by another state to a resident of the issuing state to the extent of the conditions imposed. The holder of a conditional license issued pursuant to article 31 should check with the appropriate motor vehicle authorities of any other state in such other state.

(f) Period of validity of conditional license. Unless otherwise revoked by the commissioner, a conditional license will be valid from the date of its issuance until the expiration date contained thereon or until the holder's unconditional license is returned to him, whichever occurs first.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.9