N.Y. Comp. Codes R. & Regs. tit. 15 § 136.4

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

Section 136.4 - Denial of application following record review

(a) An application for a driver's license shall be denied if:

(1) a disability, as defined in section 136.1(b)(2) of this Part, is found, unless evidence shall be presented to satisfy the commissioner that such individual may safely operate a motor vehicle; and/or

(2) there is a history of abuse of alcohol or drugs, as defined in section 136.1(b)(3) of this Part, with insufficient evidence of rehabilitative effort; and/or

(3) There is a combination of safety factors, as defined in Section 136.1(b)(5) of this part, resulting in 25 or more negative units, as set forth in section 136.6(a) of this Part.

(b)

(1) An application for a driver's license may be denied if a review of the entire driving history provides evidence that the applicant constitutes a problem driver, as defined in section 136.1(b)(1) of this Part. If an application is denied pursuant to this paragraph, no application shall be considered for a minimum of one year from the date of denial. In lieu of such denial, the applicant may be issued a license or permit with a problem driver restriction, as set forth in section 3.2(c)(4) of this Title and paragraph (2) of this subdivision.

(2) Upon the approval of an application for relicensing of a person who is deemed a problem driver under this subdivision, the commissioner may impose a problem driver restriction on such person's license or permit, as set forth in section 3.2(c)(4) of this Title. As a component of this restriction, the commissioner may require such person to install an ignition interlock device in any motor vehicle owned or operated by such person. The ignition interlock requirement will be noted on the attachment to the driver license or permit held by such person. Such attachment must be carried at all times with the driver license or permit.

(3)

(i) Revocation of license or permit with problem driver restriction. A license or permit that contains a problem driver restriction shall be revoked:

(a) upon the holder's conviction of a traffic violation or combination of violations, committed while such restriction is in effect, which the Commissioner deems serious in nature; or

(b) for the holder's failure to install and maintain an ignition interlock device in motor vehicles owned or operated by the holder, when required to do so under such restriction.

The attachment, provided for in paragraph (2) of this subdivision, shall set forth the violation or violations that will result in such a revocation. A revocation for any of the above reasons shall be issued without a hearing based upon receipt of a certificate or certificates of conviction. The Commissioner may also revoke a license or permit with a problem driver restriction, without a hearing, upon receipt of a certificate of conviction that indicates that the applicant has driven in violation of the conditions of such restriction.

(ii) Application for relicensure after revocation of license or permit with problem driver restriction.

(a) Except as provided in section 136.5(b)(3)(i), if the applicant held a license or permit with a problem driver restriction and such restriction was for a period of five years, and such person's license or permit is revoked pursuant to this paragraph, the Commissioner shall deny the application for at least five years, in addition to any revocation period imposed pursuant to the Vehicle and Traffic Law. After such waiting period, the Commissioner may approve the application, provided that upon such approval the Commissioner shall impose the problem driver restriction on such person's license for a period of five years and may require the installation of an ignition interlock device in any motor vehicle owned or operated by such person for a period of no less than two but no more than five years. Such period shall be based, in part, on the period of time the applicant had installed an ignition interlock device pursuant to section 136.5(b)(3)(i). Notwithstanding any other provision of this subdivision, if such applicant's license or permit with a problem driver restriction was previously revoked pursuant to the provisions of this paragraph, no new license or permit shall be issued, except that the Commissioner shall not be foreclosed from consideration of unusual, extenuating and compelling circumstances that may be presented for review and which may form a valid basis to deviate from the general policy, as set forth above, in the exercise of discretionary authority granted under section 510 of the Vehicle and Traffic Law. If an application is approved based upon the exercise of such discretionary authority, the reasons for approval shall be set forth in writing and recorded.

(b) Except as provided in section 136.5(b)(4)(i), if the applicant held a license or permit with a problem driver restriction and such restriction was for a period of two years, and such person's license or permit is revoked pursuant to this paragraph, the Commissioner shall deny the application for at least two years, in addition to any minimum revocation period imposed pursuant to the Vehicle and Traffic Law. After such waiting period, the Commissioner may approve the application, provided that upon such approval the Commissioner shall impose the problem driver restriction on such person's license for a period of two years. Notwithstanding any other provision of this subdivision, if such applicant's license or permit with a problem driver restriction was previously revoked pursuant to the provisions of this paragraph, no new license or permit shall be issued, except that the Commissioner shall not be foreclosed from consideration of unusual, extenuating and compelling circumstances that may be presented for review and which may form a valid basis to deviate from the general policy, as set forth above, in the exercise of discretionary authority granted under section 510 of the Vehicle and Traffic Law. If an application is approved based upon the exercise of such discretionary authority, the reasons for approval shall be set forth in writing and recorded.

(4) Employer vehicle. A person required to operate a motor vehicle owned by such person's employer in the course and scope of his or her employment may operate that vehicle without installation of an ignition interlock device only in the course and scope of such employment and only if such person carries in the motor vehicle written documentation indicating the employer has knowledge of the restriction imposed and has granted permission for the person to operate the employer's vehicle without the device only for business purposes. Such documentation shall display the employer's letterhead and have an authorized signature of the employer. A motor vehicle owned by a business entity that is wholly or partly owned or controlled by a person subject to the problem driver restriction is not a motor vehicle owned by the employer for purposes of the exemption provided in this paragraph and shall be deemed to be owned by the person subject to the problem driver restriction.

(c) An application for a driver's license may be denied if the applicant has been convicted of a violation of section 125.10, 125.12, 125.13, 125.14, 125.15, 125.20, 125.22, 125.25, 125.26 or 125.27 of the Penal Law arising out of the operation of a motor vehicle, or if the applicant has been convicted of a violation of section 1192 of the Vehicle and Traffic Law where death or serious physical injury, as defined in section 10.00 of the Penal Law, has resulted from such offense.

(d) An application for a driver's license may be denied if the applicant is currently revoked pursuant to:

(1) a determination of a department of motor vehicles' administrative law judge following a hearing:

(i) to investigate a fatal accident, or

(ii) held under Article 2-A of the vehicle and traffic law where the applicant was convicted of a violation and such violation resulted in the death of, or serious physical injury to, a person other than the applicant.

(2) a judgment of conviction certified by a court of competent jurisdiction, where the violation resulted in the death of, or serious injury to, a person other than the applicant.

(e) Repealed and reserved

(f) While it is the Commissioner's general policy to deny an application based on those elements cited in subdivisions (a), (b), (c) and (d) of this section, the commissioner shall not be foreclosed from consideration of unusual, extenuating or compelling circumstances which may be presented for review, which form a valid basis to deviate from the general policy, as set forth above, in the exercise of the discretionary authority granted under section 510 of the Vehicle and Traffic Law. If an application is approved based upon the exercise of such discretionary authority, the reasons for approval shall be stated in writing and recorded. If an application is approved under such circumstances, the Commissioner may impose a problem driver restriction on such person's license or permit for a period of three years, as set forth in section 3.2(c)(4) of this Title, and may require the installation of an ignition interlock device in any motor vehicle owned or operated by such person for such three-year period.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 136.4

Amended New York State Register February 11, 2015/Volume XXXVII, Issue 06, eff. 2/11/2015

Amended New York State Register July 6, 2016/Volume XXXVIII, Issue 27, eff. 7/6/2016

Amended New York State Register September 22, 2021/Volume XLIII, Issue 38, eff. 9/22/2021