N.Y. Comp. Codes R. & Regs. Tit. 15 § 136.4 - Denial of application following record review
(a) An application for a driver's license
shall be denied if:
(1) a disability, as
defined in section
136.1(b)(2) of
this Part, is found, unless evidence shall be presented to satisfy the
commissioner that such individual may safely operate a motor vehicle;
and/or
(2) there is a history of
abuse of alcohol or drugs, as defined in section
136.1(b)(3) of
this Part, with insufficient evidence of rehabilitative effort;
and/or
(b)
(1) An application for a driver's license may
be denied if a review of the entire driving history provides evidence that the
applicant constitutes a problem driver, as defined in section
136.1(b)(1) of
this Part. If an application is denied pursuant to this paragraph, no
application shall be considered for a minimum of one year from the date of
denial. In lieu of such denial, the applicant may be issued a license or permit
with a problem driver restriction, as set forth in section
3.2(c)(4) of this
Title and paragraph (2) of this subdivision.
(2) Upon the approval of an application for
relicensing of a person who is deemed a problem driver under this subdivision,
the commissioner may impose a problem driver restriction on such person's
license or permit, as set forth in section
3.2(c)(4) of this
Title. As a component of this restriction, the commissioner may require such
person to install an ignition interlock device in any motor vehicle owned or
operated by such person. The ignition interlock requirement will be noted on
the attachment to the driver license or permit held by such person. Such
attachment must be carried at all times with the driver license or
permit.
(3)
(i) Revocation of license or permit with
problem driver restriction. A license or permit that contains a problem driver
restriction shall be revoked:
(a) upon the
holder's conviction of a traffic violation or combination of violations,
committed while such restriction is in effect, which the Commissioner deems
serious in nature; or
(b) for the
holder's failure to install and maintain an ignition interlock device in motor
vehicles owned or operated by the holder, when required to do so under such
restriction.
The attachment, provided for in paragraph (2) of this
subdivision, shall set forth the violation or violations that will result in
such a revocation. A revocation for any of the above reasons shall be issued
without a hearing based upon receipt of a certificate or certificates of
conviction. The
(ii) Application for relicensure after
revocation of license or permit with problem driver restriction.
(a) Except as provided in section
136.5(b)(3)(i),
if the applicant held a license or permit with a problem driver restriction and
such restriction was for a period of five years, and such person's license or
permit is revoked pursuant to this paragraph, the Commissioner shall deny the
application for at least five years, in addition to any revocation period
imposed pursuant to the Vehicle and Traffic Law. After such waiting period, the
Commissioner may approve the application, provided that upon such approval the
Commissioner shall impose the problem driver restriction on such person's
license for a period of five years and may require the installation of an
ignition interlock device in any motor vehicle owned or operated by such person
for a period of no less than two but no more than five years. Such period shall
be based, in part, on the period of time the applicant had installed an
ignition interlock device pursuant to section
136.5(b)(3)(i).
Notwithstanding any other provision of this subdivision, if such applicant's
license or permit with a problem driver restriction was previously revoked
pursuant to the provisions of this paragraph, no new license or permit shall be
issued, except that the Commissioner shall not be foreclosed from consideration
of unusual, extenuating and compelling circumstances that may be presented for
review and which may form a valid basis to deviate from the general policy, as
set forth above, in the exercise of discretionary authority granted under
section
510 of
the Vehicle and Traffic Law. If an application is approved based upon the
exercise of such discretionary authority, the reasons for approval shall be set
forth in writing and recorded.
(b)
Except as provided in section
136.5(b)(4)(i),
if the applicant held a license or permit with a problem driver restriction and
such restriction was for a period of two years, and such person's license or
permit is revoked pursuant to this paragraph, the Commissioner shall deny the
application for at least two years, in addition to any minimum revocation
period imposed pursuant to the Vehicle and Traffic Law. After such waiting
period, the Commissioner may approve the application, provided that upon such
approval the Commissioner shall impose the problem driver restriction on such
person's license for a period of two years. Notwithstanding any other provision
of this subdivision, if such applicant's license or permit with a problem
driver restriction was previously revoked pursuant to the provisions of this
paragraph, no new license or permit shall be issued, except that the
Commissioner shall not be foreclosed from consideration of unusual, extenuating
and compelling circumstances that may be presented for review and which may
form a valid basis to deviate from the general policy, as set forth above, in
the exercise of discretionary authority granted under section
510 of
the Vehicle and Traffic Law. If an application is approved based upon the
exercise of such discretionary authority, the reasons for approval shall be set
forth in writing and recorded.
(4) Employer vehicle. A person required to
operate a motor vehicle owned by such person's employer in the course and scope
of his or her employment may operate that vehicle without installation of an
ignition interlock device only in the course and scope of such employment and
only if such person carries in the motor vehicle written documentation
indicating the employer has knowledge of the restriction imposed and has
granted permission for the person to operate the employer's vehicle without the
device only for business purposes. Such documentation shall display the
employer's letterhead and have an authorized signature of the employer. A motor
vehicle owned by a business entity that is wholly or partly owned or controlled
by a person subject to the problem driver restriction is not a motor vehicle
owned by the employer for purposes of the exemption provided in this paragraph
and shall be deemed to be owned by the person subject to the problem driver
restriction.
(c) An
application for a driver's license may be denied if the applicant has been
convicted of a violation of section
125.10,
125.12,
125.13,
125.14,
125.15,
125.20,
125.22,
125.25,
125.26 or
125.27 of the
Penal Law arising out of the operation of a motor vehicle, or if the applicant
has been convicted of a violation of section
1192
of the Vehicle and Traffic Law where death or serious physical injury, as
defined in section
10.00 of the Penal
Law, has resulted from such offense.
(d) An application for a driver's license may
be denied if the applicant is currently revoked pursuant to:
(1) a determination of a department of motor
vehicles' administrative law judge following a hearing:
(i) to investigate a fatal accident,
or
(ii) held under Article 2-A of
the vehicle and traffic law where the applicant was convicted of a violation
and such violation resulted in the death of, or serious physical injury to, a
person other than the applicant.
(2) a judgment of conviction certified by a
court of competent jurisdiction, where the violation resulted in the death of,
or serious injury to, a person other than the applicant.
(e) Repealed and reserved
(f) While it is the Commissioner 's general
policy to deny an application based on those elements cited in subdivisions
(a), (b), (c) and (d) of this section, the commissioner shall not be foreclosed
from consideration of unusual, extenuating or compelling circumstances which
may be presented for review, which form a valid basis to deviate from the
general policy, as set forth above, in the exercise of the discretionary
authority granted under section
510 of
the Vehicle and Traffic Law. If an application is approved based upon the
exercise of such discretionary authority, the reasons for approval shall be
stated in writing and recorded. If an application is approved under such
circumstances, the Commissioner may impose a problem driver restriction on such
person's license or permit for a period of three years, as set forth in section
3.2(c)(4) of this
Title, and may require the installation of an ignition interlock device in any
motor vehicle owned or operated by such person for such three-year
period.
Notes
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