§ 502. Requirements for licensing. 1. Application for license.
Application for a driver's license shall be made to the commissioner.
The fee prescribed by law may be submitted with such application. The
applicant shall furnish such proof of identity, age, and fitness as may
be required by the commissioner. With respect to a non-commercial
driver's license or learner's permit which does not meet federal
standards for identification, in addition to the acceptable proofs of
age and identity approved by the commissioner as of January first, two
thousand nineteen, acceptable proof of identity shall also include, but
not be limited to, a valid, unexpired foreign passport issued by the
applicant's country of citizenship (which shall also be eligible as
proof of age), a valid, unexpired consular identification document
issued by a consulate from the applicant's country of citizenship, or a
valid foreign driver's license that includes a photo image of the
applicant and which is unexpired or expired for less than twenty-four
months of its date of expiration, as primary forms of such proof.
Nothing contained in this subdivision shall be deemed to preclude the
commissioner from approving additional proofs of identity and age. The
license shall display the sex designation of M, F, or X as certified by
the applicant, with no additional documentation required. The applicant
may amend the sex designation of their driver's license upon request.
Upon amendment of the sex designation, the change shall be made
consistent through all affiliated records within the control of the
department. The commissioner may also provide that the application
procedure shall include the taking of a photo image or images of the
applicant in accordance with rules and regulations prescribed by the
commissioner. In addition, the commissioner also shall require that the
applicant provide such applicant's social security number or, in lieu
thereof, with respect to an application for a non-commercial driver's
license or learner's permit which does not meet federal standards for
identification, an affidavit signed by such applicant that they have not
been issued a social security number. The commissioner also shall
provide space on the application so that the applicant may request a
notation upon such license that such applicant is a veteran of the
United States armed forces, and space on the application so that the
applicant may request a notation upon such license that he or she is a
veteran of the United States armed forces, and space on the application
so that the applicant may register in the New York state organ and
tissue donor registry under section forty-three hundred ten of the
public health law with the following stated on the application in clear
and conspicuous type:

"You must fill out the following section: Would you like to be added
to the Donate Life Registry? Check box for 'yes' or 'skip this
question'."

The commissioner of health shall not maintain records of any person
who checks "skip this question". Except where the application is made in
person or electronically, failure to check a box shall not impair the
validity of an application, and failure to check "yes" or checking "skip
this question" shall not be construed to imply a wish not to donate. In
the case of an applicant under eighteen years of age, checking "yes"
shall not constitute consent to make an anatomical gift or registration
in the donate life registry, except as otherwise provided pursuant to
the provisions of paragraph (b) of subdivision one of section
forty-three hundred one of the public health law. Where an applicant has
previously consented to make an anatomical gift or registered in the
donate life registry, checking "skip this question" or failing to check
a box shall not impair that consent or registration. In addition, an
applicant for a commercial driver's license who will operate a
commercial motor vehicle in interstate commerce shall certify that such
applicant meets the requirements to operate a commercial motor vehicle,
as set forth in public law 99-570, title XII, and title 49 of the code
of federal regulations, and all regulations promulgated by the United
States secretary of transportation under the hazardous materials
transportation act. In addition, an applicant for a commercial driver's
license shall submit a medical certificate at such intervals as required
by the federal motor carrier safety improvement act of 1999 and Part
383.71(h) of title 49 of the code of federal regulations relating to
medical certification and in a manner prescribed by the commissioner.
For purposes of this section and sections five hundred three, five
hundred ten-a, and five hundred ten-aa of this title, the terms "medical
certificate" and "medical certification" shall mean a form substantially
in compliance with the form set forth in Part 391.43(h) of title 49 of
the code of federal regulations. Upon a determination that the holder of
a commercial driver's license has made any false statement, with respect
to the application for such license, the commissioner shall revoke such
license.

2. Age. * (a) An applicant for a commercial driver's license which
contains an H or an X endorsement or which is valid for operation in
interstate commerce shall be at least twenty-one years of age.

* NB Repealed upon certain conditions (see chapter 618 of 2021 § 4)

* (a) An applicant for a class A license or for a commercial driver's
license which contains an H or an X endorsement or which is valid for
operation in interstate commerce shall be at least twenty-one years of
age.

* NB Effective if amendments made by chapter 618 of 2021 are repealed

* (b) Except as provided in paragraph (a) of this subdivision an
applicant for a class A, B, C or E license shall be at least eighteen
years of age.

* NB Repealed upon certain conditions (see chapter 618 of 2021 § 4)

* (b) Except as provided in paragraph (a) of this subdivision an
applicant for a class B, C or E license shall be at least eighteen years
of age.

* NB Effective if amendments made by chapter 618 of 2021 are repealed

(c) An applicant for a class D or M license shall be at least eighteen
years of age, except that an application shall be accepted if the
applicant is at least seventeen years of age and submits acceptable
proof of successful completion of a driver education course, approved by
the state education department and the commissioner, and proof of
completion of the minimum hours of supervised driving as required in
paragraph (d) of this subdivision.

* (d) An applicant for a class DJ or MJ license shall be at least
sixteen years of age and such applicant must submit written consent to
the issuance of such license by the applicant's parent or guardian. Upon
receipt of withdrawal of such consent, any class DJ or MJ license,
learner's permit or license application shall be cancelled. No class DJ
or MJ license shall be issued unless the applicant presents, at the time
of the road test administered pursuant to paragraph (b) of subdivision
four of this section, a written certification by the applicant's parent
or guardian: (i) that such applicant has operated a motor vehicle for no
less than fifty hours, at least fifteen hours of which shall be after
sunset, under the immediate supervision of a person as authorized
pursuant to subparagraph (ii) of paragraph (a) or paragraph (b) of
subdivision five of section five hundred one of this article, a driver
education teacher pursuant to section eight hundred six-a of the
education law or a driving school instructor pursuant to subdivision
seven-a of section three hundred ninety-four of this chapter; and (ii)
if such applicant completed an internet delivered pre-licensing course
approved by the commissioner pursuant to article twelve-d of this
chapter, that such applicant participated throughout such course.

* NB Effective until June 30, 2025

* (d) An applicant for a class DJ or MJ license shall be at least
sixteen years of age and such applicant must submit written consent to
the issuance of such license by the applicant's parent or guardian. Upon
receipt of withdrawal of such consent, any class DJ or MJ license,
learner's permit or license application shall be cancelled. No class DJ
or MJ license shall be issued unless the applicant presents, at the time
of the road test administered pursuant to paragraph (b) of subdivision
four of this section, a written certification by the applicant's parent
or guardian that such applicant has operated a motor vehicle for no less
than fifty hours, at least fifteen hours of which shall be after sunset,
under the immediate supervision of a person as authorized pursuant to
subparagraph (ii) of paragraph (a) or paragraph (b) of subdivision five
of section five hundred one of this article, a driver education teacher
pursuant to section eight hundred six-a of the education law or a
driving school instructor pursuant to subdivision seven-a of section
three hundred ninety-four of this chapter.

* NB Effective June 30, 2025

3. Application for learner's permit. An application for a learner's
permit shall be included in the application for a license. A learner's
permit shall be issued in such form as the commissioner shall determine
but shall not be issued unless the applicant has successfully passed the
vision test required by this section and the test set forth in paragraph
(a) of subdivision four of this section with respect to laws relating to
traffic and ability to read and comprehend traffic signs and symbols and
has satisfactorily completed any course required pursuant to paragraph
(a) of subdivision four of this section. Upon acceptance of an
application for a learner's permit the commissioner shall provide the
applicant with a driver's manual which includes but is not limited to
the laws relating to traffic, the laws relating to and physiological
effects of driving while ability impaired and driving while intoxicated,
the law for exercising due care to avoid colliding with a parked,
stopped or standing vehicle pursuant to section eleven hundred
forty-four-a of this chapter, explanations of traffic signs and symbols
and such other matters as the commissioner may prescribe.

4. Examinations. (a) (i) Upon submission of an application for a
driver's license, the applicant shall be required to take and pass a
test, or submit evidence of passage of a test, with respect to the laws
relating to traffic, the laws relating to driving while ability is
impaired and while intoxicated, under the overpowering influence of
"Road Rage", "Work Zone Safety" awareness, "Motorcycle Safety" awareness
and "Pedestrian and Bicyclist Safety" awareness as defined by the
commissioner, "School Bus Safety" awareness, the law relating to
exercising due care to avoid colliding with a parked, stopped or
standing authorized emergency vehicle or hazard vehicle pursuant to
section eleven hundred forty-four-a of this chapter, the ability to read
and comprehend traffic signs and symbols and such other matters as the
commissioner may prescribe, and to satisfactorily complete a course
prescribed by the commissioner of not less than four hours and not more
than five hours, consisting of classroom driver training and highway
safety instruction or the equivalent thereof. Such test shall include at
least seven written questions concerning the effects of consumption of
alcohol or drugs on the ability of a person to operate a motor vehicle
and the legal and financial consequences resulting from violations of
section eleven hundred ninety-two of this chapter, prohibiting the
operation of a motor vehicle while under the influence of alcohol or
drugs. Such test shall include one or more written questions concerning
the devastating effects of "Road Rage" on the ability of a person to
operate a motor vehicle and the legal and financial consequences
resulting from assaulting, threatening or interfering with the lawful
conduct of another person legally using the roadway. Such test shall
include one or more questions concerning the potential dangers to
persons and equipment resulting from the unsafe operation of a motor
vehicle in a work zone. Such test may include one or more questions
concerning motorcycle safety. Such test may include one or more
questions concerning the law for exercising due care to avoid colliding
with a parked, stopped or standing vehicle pursuant to section eleven
hundred forty-four-a of this chapter. Such test may include one or more
questions concerning school bus safety. Such test may include one or
more questions concerning pedestrian and bicyclist safety. Such test
shall be administered by the commissioner. The commissioner shall cause
the applicant to take a vision test and a test for color blindness. Upon
passage of the vision test, the application may be accepted and the
application fee shall be payable.

(ii) The commissioner shall promulgate rules and regulations
establishing eligibility standards for the taking and passing of
knowledge tests in other than written form.

(b) Upon successful completion of the requirements set forth in
paragraph (a) of this subdivision which shall include an alcohol and
drug education component as described in paragraph (c) of this
subdivision, a "Road Rage" awareness component as described in paragraph
(c-1) of this subdivision, a "Work Zone Safety" awareness component as
described in paragraph (c-2) of this subdivision, a "Motorcycle Safety"
awareness component as described in paragraph (c-3) of this subdivision,
a "School Bus Safety" awareness component as described in paragraph
(c-4) of this subdivision, and a "Pedestrian and Bicyclist Safety"
awareness component as described in paragraph (c-5) of this subdivision,
the commissioner shall cause the applicant to take a road test in a
representative vehicle of a type prescribed by the commissioner which
shall be appropriate to the type of license for which application is
made, except that the commissioner may waive the road test requirements
for certain classes of applicants. Provided, however, that the term
"representative vehicle" shall not include a three-wheeled motor vehicle
that has two wheels situated in the front and one wheel in the rear, has
a steering mechanism and seating which does not require the operator to
straddle or sit astride, is equipped with safety belts for all occupants
and is manufactured to comply with federal motor vehicle safety
standards for motorcycles including, but not limited to, 49 C.F.R. part
571. The commissioner shall have the power to establish a program to
allow persons other than employees of the department to conduct road
tests in representative vehicles when such tests are required for
applicants to obtain a class A, B or C license. If she chooses to do so,
she shall set forth her reasons in writing and conduct a public hearing
on the matter. She shall only establish such a program after holding the
public hearing.

(c) Alcohol and drug education component. The commissioner shall
provide in the pre-licensing course, set forth in paragraph (b) of this
subdivision a mandatory component in alcohol and drug education of not
less than two hours as a prerequisite for obtaining a license to operate
a motor vehicle. The purpose of the component is to educate prospective
licensees on the effects that ingestion of alcohol and other drugs have
on a person's ability to operate a motor vehicle. The commissioner shall
establish a curriculum for the alcohol and drug education component
which shall include but not be limited to: instruction describing the
hazards of driving while impaired or intoxicated; the penalties for
alcohol related motor vehicle violations including sanctions set forth
in the penal law that apply to homicides and assaults arising out of the
operation of a motor vehicle while intoxicated and those sanctions set
forth in the vehicle and traffic law relating to driving while
intoxicated; and the medical, biological and physiological effects of
the consumption of alcohol and their impact on the operation of a motor
vehicle.

(c-1) "Road Rage" awareness component. The commissioner shall provide
in the pre-licensing course, set forth in paragraph (b) of this
subdivision a mandatory component in "Road Rage" awareness education as
a prerequisite for obtaining a license to operate a motor vehicle. The
purpose of the component is to educate prospective licensees on the
effects that the development and expression of "Road Rage", as defined
by the commissioner, have on a person's ability to operate a motor
vehicle. The commissioner shall establish a curriculum for the "Road
Rage" component which shall include but not be limited to: instruction
describing the hazards of driving and exiting the vehicle while under
the influence of "Road Rage"; the penalties for "Road Rage"-related
motor vehicle or other violations including sanctions set forth in the
penal law that apply to homicides and assaults arising out of the
operation of a motor vehicle while expressing "Road Rage", and any
sanctions set forth in law relating to driving while under the influence
of "Road Rage"; and the medical, biological and physiological effects of
the development and expression of "Road Rage", and their impact on the
operation of a motor vehicle. The commissioner is charged with the
responsibility for defining the term "Road Rage", as used in this
paragraph, in consultation with law enforcement personnel, medical
professionals, representatives of the court system, highway safety
officials, and any other group that the commissioner believes can
contribute to a comprehensive statement of the issue.

(c-2) "Work Zone Safety" awareness component. (i) The commissioner
shall provide in the pre-licensing course, set forth in paragraph (b) of
this subdivision, a mandatory component in "Work Zone Safety" awareness
education as a prerequisite for obtaining a license to operate a motor
vehicle. The purpose of the component is to educate prospective
licensees on the potential dangers to construction workers, construction
equipment operators and operators of motor vehicles in a highway work
zone. For the purposes of this paragraph, the term "work zone" shall
include "work area" as defined by section one hundred sixty of this
chapter, and "restricted highway" as authorized in section sixteen
hundred twenty-five of this chapter.

(ii) The commissioner shall establish a curriculum for the "Work Zone
Safety" component which shall include but not be limited to: instruction
describing the potential hazards of driving through a work zone, whether
or not work, maintenance or other related construction is being
undertaken therein, and information on the provisions of law relating to
driving within a work zone and sanctions for violations of such
provisions, including speeding in a work zone.

(iii) In developing such curriculum, the commissioner shall consult
with the commissioner of transportation, the superintendent of the state
police, representatives of the highway construction industry,
representatives of highway construction workers, highway safety
officials, and any other group that the commissioner believes can
contribute to a comprehensive presentation of the issue.

(c-3) "Motorcycle Safety" awareness component. The commissioner shall
provide in the pre-licensing course, set forth in paragraph (b) of this
subdivision, a mandatory component in "Motorcycle Safety" awareness
education as a prerequisite for obtaining a license to operate a motor
vehicle. The purpose of the component is to educate prospective
licensees on the potential dangers to persons operating motorcycles on
the roadway.

(c-4) "School Bus Safety" awareness component. (i) The commissioner
shall provide in the pre-licensing course, set forth in paragraph (b) of
this subdivision, a mandatory component in "School Bus Safety" awareness
education as a prerequisite for obtaining a license to operate a motor
vehicle. The purpose of the component is to educate prospective
licensees on the dangers of passing a school bus in violation of section
eleven hundred seventy-four of this chapter, to reduce the number of
such incidents, and to promote school bus safety.

(ii) The commissioner shall establish a curriculum for the "School Bus
Safety" awareness component which shall include, but shall not be
limited to, an overview of traffic laws governing overtaking and passing
school buses, including but not limited to section eleven hundred
seventy-one and section eleven hundred seventy-four of this chapter.

(iii) In developing such curriculum, the commissioner shall consult
with the commissioner of transportation.

(c-5) "Pedestrian and Bicyclist Safety" awareness component. (i) The
commissioner shall provide in the pre-licensing course, set forth in
paragraph (b) of this subdivision, a mandatory component in "Pedestrian
and Bicyclist Safety" awareness education as a prerequisite for
obtaining a license to operate a motor vehicle. The purpose of the
component is to educate prospective licensees on the potential dangers
to pedestrians, bicyclists, and other non-motorized vehicles.

(ii) The commissioner shall establish a curriculum for the "Pedestrian
and Bicyclist Safety" awareness component which shall include but not be
limited to: an overview of traffic laws governing motor vehicle
operators' duty to exercise due care with respect to pedestrians and
bicyclists, including but not limited to understanding pedestrians' and
bicyclists' needs and reduced visibility, respecting pedestrians' and
bicyclists' rights of way, safe operation near pedestrians and
bicyclists, including children and blind, deaf, elderly and disabled
pedestrians, bicycle lanes as defined in section one hundred two-a of
this chapter, safely overtaking a pedestrian or a bicyclist, the dangers
of distracted driving, driving at appropriate reduced speeds when
special hazards exist with respect to pedestrians and bicyclists such as
weather or highway conditions, safely turning, stopping, standing, and
parking, motor vehicle operators' obligations to comply with article
twenty-two of this chapter, and traffic control devices and markings,
roadway designs and traffic calming measures related to pedestrians and
bicyclists.

(iii) In developing such curriculum, the commissioner shall consult
with the commissioner of transportation, the superintendent of the state
police, the commissioners of transportation and police of the city of
New York, other local law enforcement and highway safety officials,
medical professionals, bicycle and pedestrian safety advocates, and any
other group that the commissioner believes can contribute to a
comprehensive presentation of the issue.

* (d) The commissioner shall make available for distribution upon
registration at each location where the pre-licensing course will be
given, instructional handbooks outlining the content of the entire
curriculum of the pre-licensing course including the information
required to be included in the course pursuant to paragraphs (c), (c-1),
(c-2), (c-3), (c-4) and (c-5) of this subdivision. The commissioner
shall also provide for the additional training of the instructors
necessary for the competent instruction of the alcohol and drug
education, "Road Rage" awareness, "Work Zone Safety" awareness,
"Motorcycle Safety" awareness, "School Bus Safety" awareness and
"Pedestrian and Bicyclist Safety" awareness subject matters of the
pre-licensing course.

* NB Effective until May 21, 2025

* (d) (i) The commissioner shall make available for distribution upon
registration at each location where the pre-licensing course will be
given (1) instructional handbooks outlining the content of the entire
curriculum of the pre-licensing course including the information
required to be included in the course pursuant to paragraphs (c), (c-1),
(c-2), (c-3), (c-4) and (c-5) of this subdivision, and (2) information
as to how a person may register in the New York state organ and tissue
donor registry under section forty-three hundred ten of the public
health law.

(ii) The commissioner shall also provide for the additional training
of the instructors necessary for the competent instruction of the
alcohol and drug education, "Road Rage" awareness, "Work Zone Safety"
awareness, "Motorcycle Safety" awareness, "School Bus Safety" awareness
and "Pedestrian and Bicyclist Safety" awareness subject matters of the
pre-licensing course.

* NB Effective May 21, 2025

(e) The commissioner shall make available to each applicant for a
commercial driver's license instructional handbooks outlining the
requirements necessary to qualify for such license, and containing a
discussion of the offenses which will result in disqualification from
operating a commercial motor vehicle as defined in section five hundred
one-a of this chapter. Such handbooks shall be available in both English
and Spanish language versions.

(f) The commissioner shall promulgate such rules and regulations as
are necessary to carry out the provisions of this section.

(g) The commissioner may, in his discretion, waive the requirement for
passage of a test with respect to the laws relating to traffic, the laws
relating to driving while ability is impaired and while intoxicated and
the ability to read and comprehend traffic signs and symbols, and the
requirement for completion of the course set forth in paragraph (a) of
this subdivision for applicants who hold a valid or renewable driver's
license issued by another jurisdiction or the United States government.

* (h) Course completion certificate fee. The fee for a course
completion certificate provided by the department to an entity that is
approved by the commissioner to offer the pre-licensing course, required
by this subdivision, for issuance by such entity to students upon their
completion of such pre-licensing course shall be one dollar. Such fee
shall be paid by such entity and shall not be charged to a person who
takes the course in any manner. The provisions of this paragraph shall
not apply to a pre-licensing course established pursuant to article
twelve-D of this chapter.

* NB Effective until June 30, 2025

* (h) Course completion certificate fee. The fee for a course
completion certificate provided by the department to an entity that is
approved by the commissioner to offer the pre-licensing course, required
by this subdivision, for issuance by such entity to students upon their
completion of such pre-licensing course shall be one dollar. Such fee
shall be paid by such entity and shall not be charged to a person who
takes the course in any manner.

* NB Effective June 30, 2025

5. Issuance of license. (a) Upon successful completion of the
requirements set forth in subdivision four of this section, and upon
payment of the fee prescribed by law, the commissioner shall issue an
appropriate license to the applicant, except that the commissioner may
refuse to issue such license

(i) if the applicant is the holder of a currently valid or renewable
license to drive issued by another state or foreign country unless the
applicant surrenders such license, or

(ii) if such issuance would be inconsistent with the provisions of
section five hundred sixteen of this chapter.

(b) The commissioner shall, with respect to the issuance of a
hazardous materials endorsement, comply with the requirements imposed
upon states pursuant to sections 383.141 and 1572.13 of title 49 of the
code of federal regulations.

(c) The commissioner shall not issue a commercial driver's license to
a person while such person would be subject to disqualification from
operating a commercial motor vehicle for any cause set forth in the
commercial motor vehicle safety act of nineteen hundred eighty-six,
public law 99-570, title XII and regulations promulgated thereunder. In
addition, the commissioner shall suspend a commercial driver's license
for the period of time in which such driver is determined to constitute
an imminent hazard and is disqualified pursuant to 49 C.F.R 383.52.

* (d) (i) The commissioner shall not issue a class A commercial
driver's license to a person who is eighteen, nineteen or twenty years
old unless, in addition to meeting the requirements of this chapter with
respect to the issuance of commercial driver's licenses, such person
submits, in a form prescribed by the commissioner, proof of successful
completion of the commercial driver's license (CDL) class A young adult
training program established pursuant to subparagraph (ii) of this
paragraph and proof of completion of the minimum hours of supervised
driving required by such subparagraph. The commissioner shall place an
"intrastate only" restriction on any class A commercial driver's license
issued to a person who is eighteen, nineteen or twenty years old and
such restriction shall remain until such person turns twenty-one years
of age.

(ii) The commissioner, in consultation with the commissioner of
transportation, shall establish and implement a commercial driver's
license (CDL) class A young adult training program for young adult class
A commercial driver's license applicants. The commissioner shall provide
for the requirements and criteria of such training program which shall
include the entry-level driver training requirements prescribed by the
federal motor carrier safety administration under appendices A, C, D and
E of part 380 of title 49 of the code of federal regulations, as may be
amended from time to time, and include no less than three hundred hours
of behind-the-wheel training under the immediate supervision and control
of an experienced driver. For purposes of this paragraph, the following
terms shall have the following meanings:

(A) "Young adult" shall mean an individual who is eighteen, nineteen
or twenty years old.

(B) "Experienced driver" shall mean an individual who:

(1) is not less than twenty-one years of age;

(2) holds a valid class A commercial driver's license which is not
suspended, revoked or cancelled pursuant to the provisions of this
chapter or rules and regulations promulgated thereunder and has held
such commercial driver's license for at least two years;

(3) has not, for at least a one-year period: been the operator of a
motor vehicle involved in an accident reportable to the federal motor
carrier safety administration, or been the operator of a commercial
motor vehicle involved in an accident reportable to the commissioner, or
been convicted of a serious traffic violation, or been convicted of any
violation of title VII of this chapter for which the commissioner
assesses points, or been disqualified from operating a commercial motor
vehicle pursuant to this chapter or rules and regulations promulgated
thereunder; and

(4) has a minimum of one year of experience driving, in commerce, a
commercial motor vehicle which can only be operated with a class A
commercial driver's license.

(C) "Serious traffic violation" shall have the same meaning as such
term is defined in subdivision four of section five hundred ten-a of
this chapter.

* NB Repealed upon certain conditions (see chapter 618 of 2021 § 4 and
chapter 58 of 2022 Pt. GGG § 3)

6. Renewal of license. (a) A license issued pursuant to subdivision
five of this section shall be valid until the expiration date contained
thereon, unless such license is suspended, revoked or cancelled. Such
license may be renewed by submission of an application for renewal, the
fee prescribed by law, proofs of prior licensing, fitness and acceptable
vision prescribed by the commissioner, the applicant's social security
number or, in lieu thereof, with respect to an application for a
non-commercial driver's license or learner's permit which does not meet
federal standards for identification, an affidavit signed by such
applicant that they have not been issued a social security number, and
if required by the commissioner, a photo image of the applicant in such
numbers and form as the commissioner shall prescribe. In addition, an
applicant for renewal of a license containing a hazardous material
endorsement shall pass an examination to retain such endorsement. The
commissioner shall, with respect to the renewal of a hazardous materials
endorsement, comply with the requirements imposed upon states by
sections 383.141 and 1572.13 of title 49 of the code of federal
regulations. A renewal of such license shall be issued by the
commissioner upon approval of such application, except that no such
license shall be issued if its issuance would be inconsistent with the
provisions of section five hundred sixteen of this title, and except
that the commissioner may refuse to renew such license if the applicant
is the holder of a currently valid or renewable license to drive issued
by another state or foreign country unless the applicant surrenders such
license.

(b) Time for renewal. A renewal license may only be issued if an
application for such license is filed within two years from the date of
expiration of the prior license. Such application may be filed prior to
the expiration of the license being renewed for a period of time as
provided by regulation of the commissioner.

7. Selective service act. The commissioner shall provide separate
space on the application for a learner's permit, driver's license,
non-driver identification card, or renewal thereof so that any person
who is at least eighteen years of age but less than twenty-six years of
age who applies to the commissioner for such permit, license, or card or
renewal thereof may opt to register with the selective service in
accordance with 50 U.S.C. App 451 et. seq., as amended, if such person
is subject to such act, and consent to have the commissioner forward the
necessary personal information in accordance with this subdivision. Such
consent shall be separate from any other certification or signature on
such application. The commissioner shall include on the application a
brief statement about the requirement of the law, a citation of the act,
and the consequences for failing to meet the same. The commissioner
shall forward to the selective service system, in an electronic format,
the necessary personal information required for registration only of
individuals who have affirmatively opted and consented, pursuant to this
subdivision, to authorize the commissioner to forward such information
to the selective service system.

8. Non-commercial drivers' licenses and learners' permits which do not
meet federal standards for identification. (a) Non-commercial drivers'
licenses and learners' permits which do not meet federal standards for
identification shall be issued in such form as the commissioner shall
determine, provided that such licenses and permits shall be visually
identical to non-commercial drivers' licenses and learners' permits
which do meet federal standards for identification except that such
licenses and permits may state "Not for Federal Purposes". Provided,
however, that the commissioner may promulgate regulations providing for
additional design or color indicators for both such non-commercial
drivers' licenses and learners' permits if required to comply with
federal law.

(b) Applicants for a non-commercial driver's license or learner's
permit or a renewal thereof shall not be required to prove that they are
lawfully present in the United States.

(c) Application forms for non-commercial drivers' licenses and
learners' permits which do not meet federal standards for identification
or for renewal thereof shall not state (i) the documents an applicant
used to prove age or identity, or (ii) an applicant's ineligibility for
a social security number where applicable, or (iii) an applicant's
citizenship or immigration status.

(d) The commissioner and any agent or employee of the commissioner
shall not retain the documents or copies of documents presented by
applicants for non-commercial drivers' licenses or learners' permits
which do not meet federal standards for identification to prove age or
identity except for a limited period necessary to ensure the validity
and authenticity of such documents.

(e) (i) A non-commercial driver's license or learner's permit which
does not meet federal standards for identification shall not be used as
evidence of a person's citizenship or immigration status, and shall not
be the basis for investigating, arresting, or detaining a person. (ii)
Neither the commissioner nor any agent or employee of the commissioner
shall inquire about the citizenship or immigration status of any
applicant for a non-commercial driver's license or learner's permit
which does not meet federal standards for identification.

9. Loss of consciousness. a. This subdivision shall apply to any
applicant for an original driver's license in this state who has ever
suffered a loss of consciousness, to any applicant for a renewal
driver's license who has suffered a loss of consciousness since his or
her last license was issued in this state, to any person who is required
to submit physicians', physician assistants', or nurse practitioners'
statements, in such form as the commissioner may require, as a condition
for continuing licensing, and to persons holding a driver's license
concerning whom the commissioner has received evidence of loss of
consciousness.

b. As used in this subdivision, the following terms shall have the
following meanings: "loss of consciousness" shall mean the condition of
not being aware of one's surroundings or of one's existence and the
inability to receive, interpret or react to sensory impressions as the
result of epilepsy, syncope, cataplexy, narcolepsy and other disorders
affecting consciousness and control; and "evidence of loss of
consciousness" shall mean a police accident report filed pursuant to
section six hundred three of this chapter indicating a loss of
consciousness, no matter how denominated, as the cause of an accident,
or admission by an applicant or licensee, or a complaint alleging loss
of consciousness received from police agencies and others.

c. A person to whom this part is applicable shall be deemed to be fit
for licensing only as determined by the commissioner in accordance with
section 9.3 of part 9 of title 15 of the codes, rules and regulations of
the state of New York as prescribed by the commissioner.

d. (i) Upon a scheduled review of a statement as required under
paragraph e of this section or upon receipt of evidence from a police
agency, police accident report or physician, physician assistant or
nurse practitioner confirmed by a department hearing or investigation
that a licensee has experienced a lack of consciousness, or if the
commissioner has not received an acceptable physician's, physician
assistant's or nurse practitioner's statement as defined in subparagraph
(iii) of this paragraph, or, if such a statement is received but the
commissioner's medical consultant finds grounds to disagree with or to
question a recommendation of such physician, physician assistant or
nurse practitioner made in accordance with the provisions of section 9.3
of part 9 of title 15 of the codes, rules and regulations of the state
of New York, the commissioner shall deny or suspend such license,
whichever is appropriate, and offer to hold a department hearing to
review such action, upon written request of such person. If such request
for hearing is not made within thirty days of such denial or suspension,
the offer to hold a hearing shall be deemed to be withdrawn.
Notwithstanding the offer to hold a department hearing to review the
denial or suspension, a department hearing will not be held until such
time as the motorist submits to the commissioner a physician, physician
assistant or nurse practitioner statement as required under the
provisions of part 9 of title 15 of the codes, rules and regulations of
the state of New York and the commissioner and the commissioner's
medical consultants have reviewed such statements within a reasonable
period of time. The denial or suspension shall remain in effect until a
department hearing is held to review such denial or suspension or after
review of the physician, physician assistant or nurse practitioner
statement the commissioner and his or her medical consultants finds no
grounds to disagree with or to question the physician's, physician
assistant's or nurse practitioner's statement.

(ii) Notwithstanding the provisions of subparagraph (i) of this
section, upon receipt of an application for an original driver's
license, or for renewal of a driver's license, or upon receipt of
evidence from a source other than a police agency, police accident
report or physician, physician assistant or nurse practitioner,
confirmed by a department hearing or investigation that a licensee has
experienced a loss of consciousness, the commissioner shall, unless he
or she deems such person's operation of a motor vehicle on a public
highway to be an immediate hazard, send to such person a proposed denial
or suspension of license, whichever is appropriate, with an offer to
withhold such action until after a department hearing, if such hearing
is requested by such person. The failure of such person to reply to the
commissioner, either accepting the denial or suspension or requesting a
hearing, within thirty days of the date of such notice, shall result in
the imposition of the denial or suspension. If the commissioner deems
any such person's operation of a motor vehicle on a public highway to be
an immediate hazard, he or she shall deny or suspend such license as
required under subparagraph (i) of this paragraph and such denial or
suspension shall be subject to the provisions of such subparagraph (i).
For the purposes of this subparagraph, a person's operation of a motor
vehicle on a public highway shall be deemed to constitute an immediate
hazard if the commissioner has received evidence that such person's loss
of consciousness has caused or contributed to a motor vehicle accident.

(iii) A physician's, physician assistant's or nurse practitioner's
statement shall not be acceptable unless such licensed physician,
physician assistant or nurse practitioner has attended or examined the
patient within one hundred twenty days of the date of such statement,
and if required by the commissioner, may be required to be submitted by
a physician licensed in a specialty appropriate to the condition in
question.

e. The commissioner may require the submission of physicians',
physician assistants' or nurse practitioners' statements on a scheduled
basis as a condition of licensing in those cases in which a person has
experienced loss of consciousness but meets standards of fitness as set
forth in rules and regulations prescribed by the commissioner, and the
physician's, physician assistant's or nurse practitioner's statement
indicates that medication is being taken to meet such standards and, in
the opinion of either the submitting physician, physician assistant or
nurse practitioner or the medical consultant to the commissioner, the
submission of such scheduled physician's, physician assistant's or nurse
practitioner's statements is considered necessary or desirable. However,
the provisions of this subdivision shall not be applicable in any case
where a person has been seizure free without medication for a minimum
period of one year and submits a physician's, physician assistant's or
nurse practitioner's statement.

f. Any hearing held pursuant to this subdivision shall be conducted in
conformity with the provisions of the state administrative procedure act
and any regulations promulgated by the commissioner thereunder. Judicial
review of a determination made by the commissioner after a hearing held
pursuant to this subdivision may be had without an administrative appeal
being made pursuant to article three-A of this chapter.