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This entry was published on 2023-01-06
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SECTION 503
Period of validity of drivers' licenses, learners' permits and applications; required fees
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 5, ARTICLE 19
§ 503. Period of validity of drivers' licenses, learners' permits and
applications; required fees. 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.
Provided, however, a commercial learner's permit shall be valid for no
more than such time as permitted by section 31308 of title 49 of the
United States code and part 383.25 of title 49 of the code of federal
regulations. Provided, however, that a commercial learner's permit
issued by the commissioner in connection with an application for a
commercial driver's license shall be cancelled within sixty days of the
holder's medical certification status becoming "not-certified" based
upon: (i) the expiration of the holder's medical certification or
medical variance documentation 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; (ii) the holder's failure to submit such
medical certification or medical variance documentation 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 and in a manner prescribed by the commissioner; or (iii) the
receipt by the commissioner of information from the issuing medical
examiner or the federal motor carrier safety administration that a
medical certification or medical variance was issued in error or
rescinded. The commissioner shall, upon a holder's status becoming
"not-certified", notify the holder of such commercial learner's permit
issued in connection with a commercial driver's license application 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 his or her "not-certified" medical certification
status and that the commercial motor vehicle privileges of such
commercial learner's permit will be cancelled unless he or she submits a
current medical certificate and/or medical variance in accordance with
Part 383.71(h) of title 49 of the code of federal regulations or changes
his or her self-certification to driving only in excepted or intrastate
commerce in accordance with Part 383.71(b) (1) (ii), (iii) or (iv) of
title 49 of the code of federal regulations.

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, in trust for the credit of the metropolitan transportation
authority. An account may be established in one or more of such
depositories. Such deposits shall be kept separate and apart from all
other money in the possession 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 over the prior three months in total shall be
paid over by the fifteenth day of the last month of each calendar
quarter from such account, without appropriation, into 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 corporate
transportation account of the metropolitan transportation authority
special 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.

(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, in trust for
the credit of the metropolitan transportation authority. An account may
be established in one or more of such depositories. Such deposits shall
be kept separate and apart from all other money in the possession 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 over the prior three months in total
shall be paid over by the fifteenth day of the last month of each
calendar quarter from such account, without appropriation, into 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
corporate transportation account of the metropolitan transportation
authority special 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 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 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 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 incarcerated individual 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 fourteen, in each year, 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 fourteen and for each such
fiscal year thereafter, any such fees collected pursuant to this
subdivision and section eleven hundred ninety-nine of this chapter 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.