Section 503. Period of validity of drivers' licenses, learners' permits and applications; required fees  


Latest version.
  • 1. Periods  of  validity.  (a)  A  driver's
      license  shall  be  valid  from  the  date  of  issuance until a date of
      expiration determined by the commissioner. Such dates  of  issuance  and
      expiration  shall  be  noted on the license, except that if such printed
      expiration date falls on a  Saturday,  Sunday  or  state  holiday,  such
      license  shall  be valid for operation until midnight of the next day on
      which state offices shall be open for business. However, a prior license
      shall expire on the date of issuance of a renewal of such prior license.
      The commissioner may extend the period of validity of  a  license  in  a
      manner and form prescribed by him.
        (b)  An  application for a license shall be valid for a period of time
      specified by regulation of the commissioner not to exceed five years.  A
      learner's  permit  shall be valid from its issuance until the expiration
      of the application for a driver's license for which it was issued.
        2. Fees. (a)  Initial  application  fee.  The  fee  required  for  the
      initiation  of  the  licensing  process  by a person who does not hold a
      valid or renewable license issued  by  the  commissioner  shall  be  ten
      dollars.
        (i)  If  application  is  made for any license other than a commercial
      driver's license, such fee  shall  enable  the  applicant  to  take  the
      knowledge  test required for issuance of a learner's permit and driver's
      license no more than twice.
        (ii) (A) If application is made for  a  commercial  driver's  license,
      such  fee shall enable the applicant to take the knowledge test required
      for issuance of a learner's permit and driver's license  once  and  also
      take  any  knowledge  test  or  tests  required  for  any endorsement or
      endorsements applied for which are taken at the same time.
        (B) The knowledge tests for such learner's permit, driver's license or
      endorsements shall be available in both the English and Spanish language
      versions.
        (iii) If an applicant fails to pass the knowledge  test  required  for
      issuance  of  a  learner's  permit  in  the number of times specified in
      subparagraph (i) or (ii) of this paragraph, a new application fee  shall
      be required.
        (b) Learner permit/license fee. (i) Upon passage of the knowledge test
      required  to  obtain  a learner's permit, the applicant for a commercial
      driver's license shall be required to pay  an  additional  fee  of  nine
      dollars  and  fifty  cents for each six months or portion thereof of the
      period of validity of a learner's permit or license which is or  may  be
      issued  as  well as a fee of forty dollars for a road test which must be
      passed before a license will be issued.
        (ii) Upon passage of the knowledge test required to obtain a learner's
      permit, the applicant for a class C license which does not have an H,  P
      or  X  endorsement  or  a  class  E license shall be required to pay six
      dollars and twenty-five cents for each six months or portion thereof  of
      the  period of validity of a learner's permit or license which is or may
      be issued, and an applicant for a class D, DJ, M or MJ license shall  be
      required  to pay three dollars and twenty-five cents for each six months
      or portion thereof of the period of validity of a  learner's  permit  or
      license  which  is or may be issued. No additional fee shall be required
      of any such applicant to take up to two road tests. Such road test  must
      be passed before a license will be issued.
        (iii)  If  an  applicant  fails  to  pass  the  road test required for
      issuance of a license in the number of times specified  in  subparagraph
      (i)  or  (ii) of this paragraph, an additional fee of forty dollars will
      be required for each additional test applied for in order  to  obtain  a
      commercial driver's license and an additional fee of ten dollars will be
    
      required  for up to two tests applied for in order to obtain any license
      other than a commercial driver's license.
        (iv)  Notwithstanding  any inconsistent provision of this section, the
      difference collected between the fees set forth  in  this  paragraph  in
      effect  on and after September first, two thousand nine and the fees set
      forth in this paragraph in effect prior to such date shall be  deposited
      to the credit of the dedicated highway and bridge trust fund.
        (b-1)  Supplemental  learner  permit/license  fee  in the metropolitan
      commuter transportation district. (i) Upon passage of the knowledge test
      required to obtain a learner's  permit,  an  applicant  for  a  driver's
      license who resides in the metropolitan commuter transportation district
      established  by section one thousand two hundred sixty-two of the public
      authorities law shall be required to  pay  a  supplemental  fee  of  one
      dollar  for each six months or portion thereof of the period of validity
      of a learner's permit or license which is or may be issued  pursuant  to
      the  provisions  of  subparagraph  (i)  or (ii) of paragraph (b) of this
      subdivision.
        (ii) The commissioner shall deposit daily all funds collected pursuant
      to subparagraph (i) of  this  paragraph  with  such  responsible  banks,
      banking  houses  or  trust  companies  as may be designated by the state
      comptroller, to the credit of the comptroller. On or before the  twelfth
      day of each month, the commissioner shall certify to the comptroller the
      amount  of  all  revenues  received pursuant to subparagraph (i) of this
      paragraph during the prior month as a result  of  the  supplemental  fee
      imposed,  including  any interest and penalties thereon. The revenues so
      certified  shall  be  deposited  by  the  state   comptroller   in   the
      metropolitan   transportation   authority   aid  trust  account  of  the
      metropolitan  transportation   authority   financial   assistance   fund
      established  pursuant  to section ninety-two-ff of the state finance law
      for deposit, subject to appropriation, in the  corporate  transportation
      account  of the metropolitan transportation authority special assistance
      fund established by section  twelve  hundred  seventy-a  of  the  public
      authorities  law,  to  be  applied  as  provided  in  paragraph  (e)  of
      subdivision four of such section. Any money collected pursuant  to  this
      section  that  is  deposited  by  the  comptroller  in  the metropolitan
      transportation  authority  aid  trust  account   of   the   metropolitan
      transportation authority financial assistance fund shall be held in such
      fund  free  and  clear  of  any  claim by any person or entity paying an
      additional fee pursuant to this section, including, without limiting the
      generality of the foregoing, any right or claim against the metropolitan
      transportation authority, any of its bondholders, or any  subsidiary  or
      affiliate of the metropolitan transportation authority.
        (c)  Renewal  fee.  Fees  for  renewal  of  a  license  issued  by the
      commissioner shall be as follows:
        (i) For a commercial driver's license, nine dollars  and  fifty  cents
      for each six months or portion thereof.
        (ii)  For  a  class  C  license  which  does  not  have  an  H, P or X
      endorsement or a class E license, six dollars and twenty-five cents  for
      each six months or portion thereof.
        (iii)  For  a  class  D,  DJ,  M  or  MJ  license,  three  dollars and
      twenty-five cents, for each six months or portion thereof.
        (iv) Notwithstanding any inconsistent provision of this  section,  the
      difference  collected  between  the  fees set forth in this paragraph in
      effect on and after September first, two thousand nine and the fees  set
      forth  in this paragraph in effect prior to such date shall be deposited
      to the credit of the dedicated highway and bridge trust fund.
        (c-1) In addition to the fees established in paragraphs (b) and (c) of
      this subdivision, a fee of fifty cents for each six  months  or  portion
    
      thereof of the period of validity shall be paid upon the issuance of any
      permit, license or renewal of a license which is valid for the operation
      of  a  motorcycle,  except  a  limited  use  motorcycle.  Fees collected
      pursuant to this paragraph shall be deposited into the motorcycle safety
      fund  established  pursuant to section ninety-two-g of the state finance
      law.
        (c-2) Refunds. The commissioner shall  refund  any  fees  paid  for  a
      driver's  license  pursuant to paragraph (c) of this subdivision for the
      period commencing after completion  of  four  years  of  the  period  of
      validity of such license, provided that such license is not suspended or
      revoked  and  is  surrendered to the commissioner before the end of such
      four year period and application therefor is filed with the commissioner
      no later than three months from the expiration of such four year period.
        (c-3) (i)  Supplemental  renewal  fee  in  the  metropolitan  commuter
      transportation  district.  In  addition  to the fees required to be paid
      pursuant to paragraph (c) of this subdivision, a supplemental fee of one
      dollar for each six months or portion thereof of  the  validity  of  the
      license  shall  be paid for renewal of a license of a person who resides
      in the metropolitan  commuter  transportation  district  established  by
      section one thousand two hundred sixty-two of the public authorities law
      issued by the commissioner.
        (ii) The commissioner shall deposit daily all funds collected pursuant
      to  this  paragraph with such responsible banks, banking houses or trust
      companies as may be designated by the state comptroller, to  the  credit
      of  the  comptroller.  On  or  before the twelfth day of each month, the
      commissioner shall certify to the comptroller the amount of all revenues
      received pursuant to this paragraph during the prior month as  a  result
      of  the  supplemental fees imposed, including any interest and penalties
      thereon. The revenues so certified  shall  be  deposited  by  the  state
      comptroller  in  the  metropolitan  transportation  authority  aid trust
      account  of  the   metropolitan   transportation   authority   financial
      assistance  fund  established  pursuant  to section ninety-two-ff of the
      state  finance  law  for  deposit,  subject  to  appropriation,  in  the
      corporate  transportation  account  of  the  metropolitan transportation
      authority special assistance fund established by section twelve  hundred
      seventy-a  of  the  public authorities law, to be applied as provided in
      paragraph (e) of subdivision four of such section. Any  money  collected
      pursuant  to  this  section  that is deposited by the comptroller in the
      metropolitan  transportation  authority  aid  trust   account   of   the
      metropolitan transportation authority financial assistance fund shall be
      held  in  such  fund free and clear of any claim by any person or entity
      paying an additional fee pursuant to this  section,  including,  without
      limiting the generality of the foregoing, any right or claim against the
      metropolitan  transportation  authority,  any of its bondholders, or any
      subsidiary or affiliate of the metropolitan transportation authority.
        (d) Duplicate and amendment fees. (i) The fee for a duplicate  of  any
      license or learner's permit shall be five dollars.
        (ii)  If  a knowledge test or test are required to be passed to secure
      an amended learner's permit or license, the fees for the taking of  such
      test  or  tests  specified in paragraph (a) of this subdivision shall be
      paid. However, if  an  amendment  is  to  add  only  an  endorsement  or
      endorsements  which  require  only  the  passing  of a knowledge test or
      tests, a fee of five dollars shall be paid. If a road test or tests  are
      required  to be passed to secure an amended license, the fees for taking
      such test or tests specified in paragraph (b) of this subdivision  shall
      be  paid.  If no knowledge or road test is required to secure an amended
      license, the fee  required  for  such  amended  license  shall  be  five
      dollars.  In  addition,  if  the fee for the amended learner's permit or
    
      license is greater than the fee for  the  learner's  permit  or  license
      being  amended, the difference in fee shall be paid. If the amendment is
      only to correct or update a driver's record, no fee other than the photo
      image fee shall be required.
        (e)  Alternative testing. If a knowledge test is required in any stage
      of the licensing process, the applicant may request that  such  test  be
      given  in  a  form  other  than  written  and if the applicant meets the
      eligibility standards established by the commissioner for an alternative
      test then the commissioner shall give such test in an alternative  form.
      An  additional  fee  of  five  dollars  shall  be  required  for such an
      alternative test.
        (f) Photo image fee. In addition to any other fee prescribed herein, a
      fee of  twelve  dollars  and  fifty  cents  shall  be  charged  for  the
      processing  of each learner permit or license document requiring a photo
      image. Of each such fee collected, five dollars shall  be  deposited  to
      the  credit  of  the general fund and five dollars shall be deposited in
      the dedicated highway and bridge  trust  fund  established  pursuant  to
      section  eighty-nine-b  of  the state finance law and the dedicated mass
      transportation fund established pursuant to section eighty-nine-c of the
      state finance  law  and  distributed  according  to  the  provisions  of
      subdivision (d) of section three hundred one-j of the tax law.
        Notwithstanding  any  inconsistent  provision  of  this  section,  the
      difference collected between the fees set forth  in  this  paragraph  in
      effect  on and after September first, two thousand nine and the fees set
      forth in this paragraph in effect prior to such date shall be  deposited
      to the credit of the dedicated highway and bridge trust fund.
        (f-1)  In  addition  to  any  other fee prescribed in this section, an
      additional fee of thirty dollars  shall  be  charged  for  any  license,
      issued  to  a  New  York  state  resident who is a citizen of the United
      States, that can be used for  certain  land  and  sea  border  crossings
      pursuant  to  section  7209  of  the  Intelligence  Reform and Terrorism
      Prevention Act  of  Two  Thousand  Four,  Public  Law  108-458,  or  the
      regulations promulgated thereunder.
        (g)  In  no  event  shall  the  commissioner  increase  fees or impose
      surcharges or penalties for the issuance or renewal of licenses  without
      the  specific  mandate  of  the  legislature  effected  pursuant  to  an
      amendment to this chapter.
        (h) An applicant whose driver's license has been revoked  pursuant  to
      (i)  section five hundred ten of this title, (ii) section eleven hundred
      ninety-three  of  this  chapter,  and  (iii)  section   eleven   hundred
      ninety-four  of  this chapter, shall, upon application for issuance of a
      driver's license, pay to the commissioner a fee of one hundred  dollars.
      When  the  basis for the revocation is a finding of driving after having
      consumed alcohol pursuant to the provisions of  section  eleven  hundred
      ninety-two-a  of  this  chapter,  the fee to be paid to the commissioner
      shall be one hundred dollars. Such fee is not refundable and  shall  not
      be  returned  to the applicant regardless of the action the commissioner
      may take on such person's application for reinstatement of such  driving
      license.  Such  fee  shall  be  in  addition to any other fees presently
      levied but shall not apply to an applicant whose  driver's  license  was
      revoked  for  failure to pass a reexamination or to an applicant who has
      been issued a conditional or restricted use license under the provisions
      of article twenty-one-A or thirty-one of this chapter.
        (i) A non-resident whose driving privileges have been revoked pursuant
      to sections five hundred ten, eleven  hundred  ninety-three  and  eleven
      hundred   ninety-four  of  this  chapter  shall,  upon  application  for
      reinstatement of such driving privileges, pay  to  the  commissioner  of
      motor  vehicles a fee of twenty-five dollars. Such fee is not refundable
    
      and shall not be returned to the applicant regardless of the action  the
      commissioner  may take on such person's application for reinstatement of
      such driving privileges.
        (j) Whenever a license issued pursuant to this article, or a privilege
      of  operating  a  motor vehicle or of obtaining such a license, has been
      suspended, such suspension shall remain in effect until a termination of
      a suspension fee of fifty dollars is paid to the commissioner; provided,
      however, when the basis for the suspension is a finding of driving after
      having consumed alcohol pursuant to the  provisions  of  section  eleven
      hundred  ninety-two-a  of  this  chapter,  the  fee  to  be  paid to the
      commissioner shall be  one  hundred  dollars.  The  provisions  of  this
      paragraph  shall  not apply to a temporary suspension pending a hearing,
      prosecution or investigation, nor to an indefinite suspension  which  is
      issued because of the failure of the person suspended to perform an act,
      which suspension will be terminated by the performance of the act.
        (j-1)  (i)  When  a  license  issued  pursuant  to  this article, or a
      privilege of operating a motor vehicle or of obtaining such  a  license,
      has  been  suspended based upon a failure to answer an appearance ticket
      or a summons or failure to pay a fine, penalty or  mandatory  surcharge,
      pursuant  to  subdivision  three  of  section  two  hundred  twenty-six,
      subdivision four of section two hundred twenty-seven, subdivision four-a
      of section five hundred ten or subdivision five-a  of  section  eighteen
      hundred  nine  of  this  chapter, such suspension shall remain in effect
      until a termination of a suspension fee of seventy dollars  is  paid  to
      the  court  or tribunal that initiated the suspension of such license or
      privilege. In no event may the aggregate  of  the  fees  imposed  by  an
      individual  court  pursuant to this paragraph for the termination of all
      suspensions that may be terminated as a result of  a  person's  answers,
      appearances   or  payments  made  in  such  cases  pending  before  such
      individual court exceed four hundred dollars. For the purposes  of  this
      paragraph,   the   various  locations  of  the  administrative  tribunal
      established under article two-A of this chapter shall be  considered  an
      individual court.
        (ii)  Any  such fee collected by any court, judge, magistrate or other
      officer specified in subdivision  one  of  section  thirty-nine  of  the
      judiciary law, establishing a unified court budget, shall be paid to the
      state  commissioner  of taxation and finance on a monthly basis no later
      than ten days after  the  last  day  of  each  month.  All  such  monies
      collected  under  this  subdivision  shall  be deposited to the indigent
      legal services fund established by section ninety-eight-b of  the  state
      finance law.
        (iii)  Any such fee collected by any other court, judge, magistrate or
      other officer shall,  except  as  provided  in  paragraph  (k)  of  this
      subdivision,  be paid to the state comptroller within the first ten days
      of the month following collection. Every such payment to the comptroller
      shall be accompanied by a statement in  such  form  and  detail  as  the
      comptroller   shall  provide.  All  such  monies  collected  under  this
      subdivision shall be deposited  to  the  indigent  legal  services  fund
      established by section ninety-eight-b of the state finance law.
        (iv)  Notwithstanding  any  other  provision  of this paragraph, fifty
      percent of all fees  collected  pursuant  to  this  paragraph  shall  be
      deposited to the credit of the general fund.
        (k)  Fees  assessed  for  reapplication  for  a  driver's  license  or
      reinstatement of driving privileges after revocation or required  to  be
      paid  for  termination  of suspension as provided in paragraphs (h), (i)
      and (j) of this subdivision  shall  be  paid  to  the  commissioner  for
      deposit to the general fund. Fees assessed for termination of suspension
      as  provided  in paragraph (j-1) of this subdivision and collected by an
    
      administrative tribunal established under article two-A of this  chapter
      shall  be  paid  over  to  the  state  comptroller  to the credit of the
      indigent legal services fund established by  section  ninety-eight-b  of
      the state finance law.
        3.  Waiver  of  fee.  The  commissioner  may waive the payment of fees
      required by subdivision two of this section if the applicant:
        (i) is an inmate in an institution under the jurisdiction of  a  state
      department or agency, or
        (ii) is a victim of crime and the driver's license or learner's permit
      applied  for  is  a  replacement for one that was lost or destroyed as a
      result of the crime.
        4. Driver responsibility assessment. (a) Any  person  who  accumulates
      six  or  more  points  on  his  or her driving record for acts committed
      within an eighteen month period shall become liable  to  the  department
      for  payment  of  a driver responsibility assessment as provided in this
      subdivision.
        (b) The amount of the  driver  responsibility  assessment  under  this
      section  shall  be  one hundred dollars per year for a three-year period
      for the first  six  points  on  a  driver's  record  and  an  additional
      twenty-five  dollars per year for each additional point on such driver's
      record.
        (c) Upon receipt of evidence that a person is liable  for  the  driver
      responsibility assessment required by this subdivision, the commissioner
      shall  notify  such  person  by  first class mail to the address of such
      person on file with the department or at the current address provided by
      the United States postal service of the amount of such  assessment,  the
      time  and  manner  of making required payments, and that failure to make
      payment shall result in the suspension of his or her driver's license or
      privilege of obtaining a driver's license.
        (d) If a person shall fail to pay any driver responsibility assessment
      as provided in this subdivision, the  commissioner  shall  suspend  such
      person's  driver's  license  or  privilege  of obtaining a license. Such
      suspension shall remain in effect until any and all  outstanding  driver
      responsibility assessments have been paid in full.
        (e)  Any  completion  of  a  motor  vehicle accident prevention course
      approved pursuant to article twelve-B of this chapter shall not serve to
      reduce the calculation of points on a person's driving  record  for  the
      purposes of this section.
        (f)  Notwithstanding  any  other  provision  of  law  to the contrary,
      commencing April first, two thousand six and ending March  thirty-first,
      two  thousand  seven,  the  first  forty  million seven hundred thousand
      dollars of fees collected  pursuant  to  this  subdivision  and  section
      eleven  hundred  ninety-nine of this chapter, in the aggregate, shall be
      paid to the state comptroller who shall deposit such money in the  state
      treasury pursuant to section one hundred twenty-one of the state finance
      law to the credit of the general fund. Any such fees collected in excess
      of such amount shall be paid to the credit of the comptroller on account
      of  the  dedicated highway and bridge trust fund established pursuant to
      section eighty-nine-b of the state finance law. Commencing April  first,
      two  thousand  seven  and ending March thirty-first, two thousand eight,
      and for each such fiscal year thereafter, the first forty million  seven
      hundred  thousand dollars of fees collected pursuant to this subdivision
      and  section  eleven  hundred  ninety-nine  of  this  chapter,  in   the
      aggregate, shall be paid to the state comptroller who shall deposit such
      money  in  the state treasury pursuant to section one hundred twenty-one
      of the state finance law to the credit of the  general  fund.  Any  such
      fees collected in excess of such amount for each such state fiscal year,
      shall  be  paid  to  the  credit  of  the  comptroller on account of the
    
      dedicated highway and bridge trust fund established pursuant to  section
      eighty-nine-b of the state finance law.