N.Y. Comp. Codes R. & Regs. Tit. 15 § 140.5 - Post-revocation conditional license-forms and conditions

A post-revocation conditional license will be issued only by the department which will establish the conditions applicable to each individual license based upon information submitted by the applicant.

(a) Form of the post-revocation conditional license. An applicant for a post-revocation conditional license shall complete the MV-2020 (conditional license/privilege attachment). The MVR motor vehicle representative shall write "ignition interlock device required" in the validation box on the MV-2020.

(b) Establishment of conditions. Each post-revocation conditional license shall contain the condition that such license shall be subject to revocation for operating outside the limitations appearing on such license. Each post-revocation conditional license shall contain the limitations or use of such license as prescribed by the department, and as accepted by the holder. A post-revocation conditional license shall be valid only for use by the holder thereof for one or more of the following purposes:

(1) en route to and from the holder's place of employment;

(2) if the holder's employment requires the operation of a motor vehicle then during the hours thereof;

(3) en route to and from a class or course at an accredited school, college or university or a State-approved institution of vocational or technical training;

(4) to and from court ordered probation activities;

(5) to and from a motor vehicle office for the transaction of business relating to such license;

(6) for a three hour consecutive daytime period, chosen by the administrators of the program, on a day during which the holder is not engaged in usual employment or vocation;

(7) en route to and from a medical examination or treatment as part of a necessary medical treatment for such holder or member of the holder's household, as evidenced by written statement to that effect from a licensed medical practitioner;

(8) en route to and from a class or an activity which is an authorized part of the alcohol and drug rehabilitation program and at which participant's attendance is required; and

(9) en route to and from a place, including a school, at which a child or children of the participant are cared for on a regular basis and which is necessary for the participant to maintain such participant's employment or enrollment at an accredited school, college or university or at a State-approved institution of vocational or technical training.

(c) Employer vehicles. The holder of a post-revocation conditional license, who is required to operate a motor vehicle owned by said person's employer in the course and scope of his employment, may operate that vehicle only in the course and scope of such employment without installation of an approved ignition interlock device if the employer has been notified that the person's driving privilege has been restricted pursuant to section 1198 of the Vehicle and Traffic Law and the person subject to such restriction has provided the court and probation department with 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 normal business purposes. The holder of the post-revocation conditional license must notify the court and the probation officer of his or her intention to operate the employer's vehicle. A motor vehicle owned by a business entity which is all or partly controlled by a person subject to the provisions of section 1198 of the Vehicle and Traffic Law is not a vehicle for the purposes of this exemption.

(d) Revocation of post-revocation conditional license. A post-revocation conditional license shall be revoked for failure to comply with the terms of the condition of probation or conditional discharge set forth by the court, for any conviction for any traffic offense other than one involving parking, stopping or standing or conviction of any alcohol or drug related offense, misdemeanor of felony or failure to install or maintain a court ordered ignition interlock device.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 15 § 140.5