Section 530. Restricted use licenses

A  person  whose driving license or
  privilege of operating a motor vehicle in this state has been heretofore
  suspended or revoked pursuant to the provisions of section five  hundred
  ten  of  this  chapter  or  whose driver's license or privilege has been
  revoked pursuant to section three hundred eighteen of this  chapter  and
  for  whom  the holding of a valid license is a necessary incident to his
  employment, business, trade, occupation or profession, or to his  travel
  to  and  from  a  class  or  course  at an accredited school, college or
  university or at a state approved institution of vocational or technical
  training or 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 may thereafter apply for and may be issued
  a restricted use license or if the holder of a license issued by another
  jurisdiction valid  for  operation  in  this  state,  a  restricted  use
  privilege of operating a motor vehicle in this state as provided herein.
    (1)  The issuance of a restricted use license or privilege shall be in
  the discretion of  the  commissioner  of  motor  vehicles  or  his  duly
  authorized  agent,  who  may  require  the  applicant to attend a driver
  rehabilitation program specified  by  the  commissioner,  and  shall  be
  issued  only  after  it is established to the reasonable satisfaction of
  the issuing officer that a driving license or privilege is  a  necessary
  incident  to  the applicant's employment, business, trade, occupation or
  profession, or to his travel to  and  from  a  class  or  course  at  an
  accredited  school,  college  or  university  or  at  a  state  approved
  institution of vocational or technical training or 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  and  that  a  denial  of  such  license or privilege would
  deprive the  person  of  his  usual  means  of  livelihood  and  thereby
  constitute  an  unwarranted  and  substantial  financial hardship on the
  applicant and his  immediate  family  or  would  seriously  impair  such
  person's ability to meet the requirements of his education.
    (2)  Such  license  or  privilege shall not be issued to a person who,
  within  the  four  year  period  immediately  preceding  the   date   of
  application,  has been convicted within or without the state of homicide
  or assault  arising  out  of  the  operation  of  a  motor  vehicle,  of
  criminally negligent homicide or criminal negligence in the operation of
  a  motor  vehicle  resulting  in death, or has been convicted within the
  state of a violation of subdivision two of section six hundred  of  this
  chapter  or  of reckless driving. Such license or privilege shall not be
  issued  to  a  person  whose  license  or  privilege,  at  the  time  of
  application,  is  revoked pursuant to the provisions of subparagraph (x)
  or (xi) of paragraph a of subdivision two of section five hundred ten of
  this chapter. Such license or privilege shall not be issued to a  person
  whose  license  or  privilege  is  suspended  or  revoked  because  of a
  conviction of a violation of subdivision one, two, two-a, three, four or
  four-a of section eleven hundred ninety-two of this chapter or a similar
  offense in another  jurisdiction,  or  whose  license  or  privilege  is
  revoked  by  the  commissioner  for refusal to submit to a chemical test
  pursuant to subdivision two of section  eleven  hundred  ninety-four  of
  this  chapter. Such license or privilege shall not be issued to a person
  who within the five  year  period  immediately  preceding  the  date  of
  application  for  such  license  or  privilege  has  been convicted of a
  violation of subdivision one, two,  two-a,  three,  four  or  four-a  of
  section   eleven  hundred  ninety-two  of  this  chapter  or  a  similar
  alcohol-related offense in another jurisdiction,  or  whose  license  or

  privilege  has been revoked by the commissioner for refusal to submit to
  a chemical test pursuant to subdivision two of  section  eleven  hundred
  ninety-four of this chapter, except that such a license or privilege may
  be issued to such a person if, after such conviction or revocation, such
  person successfully completed an alcohol and drug rehabilitation program
  established   pursuant   to   article  thirty-one  of  this  chapter  in
  conjunction with such conviction or revocation. Provided, however,  that
  nothing  herein shall be construed as prohibiting an operator from being
  issued a limited or conditional license or  privilege  pursuant  to  any
  alcohol rehabilitation program established pursuant to this chapter.
    (3)  Such license or privilege and renewal thereof shall be issued for
  a period not exceeding the period during  which  such  person's  regular
  driver's  license  or  privilege has been suspended or revoked, shall be
  marked and identified as a restricted use license or privilege and shall
  be valid only: (a) during the time the holder  is  actually  engaged  in
  pursuing  or  commuting  to  or  from his business, trade, occupation or
  profession, (b) en route to and from a driver rehabilitation program  or
  related  activity  specified by the commissioner at which his attendance
  is required, (c) to and from a class or course at an accredited  school,
  college  or  university or at a state approved institution of vocational
  or technical training, (d) 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, or (e) enroute to and from
  a place, including a school, at which  the  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 and  shall  contain  the
  terms and conditions under which it is issued and is valid. In the event
  the holder of a restricted use license or privilege is convicted of: any
  violation  (other  than parking, stopping or standing) or of operating a
  motor  vehicle  for  other  than  his   employment,   business,   trade,
  occupational  or professional or other purposes for which the license or
  privilege was  issued,  or  does  not  comply  with  other  requirements
  established  by  the  commissioner,  such  license  or  privilege may be
  revoked and the holder shall not be eligible to  receive  a  license  or
  privilege  pursuant  to this section for a period of five years from the
  date of such revocation.
    (4) The fee for  a  restricted  use  license  or  privilege  shall  be
  seventy-five  dollars to be paid upon the issuance thereof, and such fee
  shall not be refundable.
    (4-a) Fees assessed for a restricted use license or privilege shall be
  paid to the commissioner for deposit in the general fund.
    * (5) A restricted use license or privilege shall  be  valid  for  the
  operation  of any motor vehicle, except a vehicle for hire as a taxicab,
  livery, coach, limousine, van or wheelchair accessible van or tow  truck
  as  defined  in this chapter subject to the conditions set forth herein,
  which the holder would otherwise be entitled to operate had his  drivers
  license  or  privilege  not  been  suspended or revoked. Notwithstanding
  anything to the contrary in a certificate of  relief  from  disabilities
  issued  pursuant  to  article  twenty-three  of  the  correction  law, a
  restricted use license shall  not  be  valid  for  the  operation  of  a
  commercial  motor  vehicle.  A restricted use license shall not be valid
  for the operation of a vehicle for hire as  a  taxicab,  livery,  coach,
  limousine,  van  or  wheelchair  accessible  van  or tow truck where the
  holder thereof had his or her drivers license suspended or  revoked  and
  (i)   such  suspension  or  revocation  is  mandatory  pursuant  to  the

  provisions of subdivision two or two-a of section five  hundred  ten  of
  this  title;  or  (ii) any such suspension is permissive for habitual or
  persistent violations of this chapter  or  any  local  law  relating  to
  traffic as set forth in paragraph d or i of subdivision three of section
  five  hundred  ten  of  this  title;  or  (iii)  any  such suspension is
  permissive and has been imposed by a magistrate, justice or judge of any
  city, town or village, any supreme court justice, any county  judge,  or
  judge  of  a  district  court.  Except for a commercial motor vehicle as
  defined in subdivision four of section five hundred one-a of this title,
  the restrictions on types of vehicles  which  may  be  operated  with  a
  restricted license contained in this subdivision shall not be applicable
  to  a  restricted  license  issued  to  a  person whose license has been
  suspended pursuant to paragraph three of subdivision four-e  of  section
  five hundred ten of this chapter.
    * NB Effective until June 30, 2011
    * (5)  A  restricted  use  license or privilege shall be valid for the
  operation of any motor vehicle, except a commercial motor vehicle  or  a
  vehicle  for  hire  as  a  taxicab,  livery,  coach,  limousine,  van or
  wheelchair accessible van or  tow  truck  as  defined  in  this  chapter
  subject  to  the  conditions  set  forth  herein, which the holder would
  otherwise be entitled to operate had his drivers  license  or  privilege
  not  been  suspended  or  revoked. A restricted use license shall not be
  valid for the operation of a vehicle for  hire  as  a  taxicab,  livery,
  coach,  limousine,  van  or wheelchair accessible van or tow truck where
  the holder thereof had his or her drivers license suspended  or  revoked
  and  (i)  such  suspension  or  revocation  is mandatory pursuant to the
  provisions of subdivision two or two-a of section five  hundred  ten  of
  this  chapter  or (ii) any such suspension is permissive for habitual or
  persistent violations of this chapter  or  any  local  law  relating  to
  traffic  as  set  forth  in paragraph (d) or (i) of subdivision three of
  section five hundred ten of this chapter; or (iii) any  such  suspension
  is  permissive and has been imposed by a magistrate, justice or judge of
  any city, town or village, any supreme court justice, any county  judge,
  or judge of a district court.
    * NB Effective June 30, 2011
    * (5-a)  Issuance  of  a restricted license shall not be denied to any
  person whose  license  is  suspended  pursuant  to  paragraph  three  of
  subdivision  four-e  of section five hundred ten of this chapter 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  four-e  of  section  five
  hundred  ten  of  this  chapter  shall  not in any way affect a person's
  possible eligibility for a restricted license at some future time.
    * NB Repealed June 30, 2011
    (6) It shall be a traffic infraction for the holder  of  a  restricted
  use  license  or  privilege  to  operate  a  motor vehicle upon a public
  highway for any use other than those authorized pursuant to  subdivision
  three of this section.
    (7)  Subject  to the limitation prescribed in subdivision four of this
  section, a restricted use license or privilege shall be valid until  the
  expiration  date  of any unrestricted driver's license which was held by
  such person prior  to  the  suspension  or  revocation  upon  which  the
  restricted   use  license  or  privilege  has  been  issued.  Upon  such
  expiration, the restricted use license or privilege may be  renewed  for
  the same fee for which such unrestricted license could have been renewed
  and  such renewal fee shall be applied to the renewal, if issued by this
  state, or reissuance of his  unrestricted  driver's  license  when  such
  license is eligible for issuance.

    (8)  The commissioner shall establish a schedule of fees to be paid by
  or on behalf  of  each  person  who  is  required  to  attend  a  driver
  rehabilitation  program  as  a condition to the issuance of a restricted
  use license or privilege, and he may, from  time  to  time,  modify  the
  same.  Such fees shall defray the ongoing expenses of the program. In no
  event shall  such  fee  be  refundable.  A  driver  improvement  program
  established  pursuant  to  section  five  hundred twenty-three-a of this
  chapter may be designated by the commissioner as a driver rehabilitation
  program under this section if the curriculum and other requirements both
  for the purposes of this section and section five hundred twenty-three-a
  of this chapter are satisfied by such program.  Where  the  commissioner
  has   approved   any  driver  improvement  program  conducted  by  local
  authorities as a driver rehabilitation program under this  section,  any
  fee  required for attendance at such program shall be paid to the agency
  conducting such program.
    (9)  In  order  to  effectuate  the  purpose  of  this   section   the
  commissioner shall establish and publish rules and regulations as may be
  necessary for the administration hereof.