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I'm suspended, can I get a restricted use license?

by Seth Azria on 6/21/2018
License Suspension 5 min read

I'm Suspended: Can I Get a Restricted Use License in New York?

By Seth M. Azria, Esq.
A Note from Our Firm: If your New York driver's license is suspended, you may be eligible to maintain limited driving privileges so you don't lose your job or miss school. Review the requirements below, and contact us to see if we can help clear your underlying tickets or assist with your driving privileges.

What is a Restricted Use License?

If your license is suspended, the New York DMV may issue a restricted use license to a driver who qualifies after a revocation or suspension due to violations not related to alcohol or drugs. For alcohol-related offenses, drivers must apply for a different credential known as a conditional license.

The DMV determines if you qualify under the law for a restricted use license and will notify you if you are eligible. To be granted this license, the DMV must find that denying your driving privileges would deprive you of your usual means of livelihood (constituting an unwarranted and substantial financial hardship on you and your family) or would seriously impair your ability to meet your educational requirements.

Where Can You Drive With a Restricted License?

A restricted use license is strictly limited to necessary travel. Under NY VTL § 530, it allows driving only for the following purposes:

  • Work: To and from the applicant's employment, business, trade, occupation, or profession.
  • Education: To and from a class or course at an accredited school, college, university, or a state-approved institution of vocational or technical training.
  • Medical Care: To and from a medical examination or treatment as part of necessary medical care for the driver or a household member. (Note: This must be evidenced by a written statement from a licensed medical practitioner).
  • Childcare: To and from a place, including a school or daycare, where the child or children of the driver are cared for on a regular basis.
  • Rehabilitation: En route to and from a DMV-mandated driver rehabilitation program.
Commercial Vehicle Restriction
A restricted use license is never valid for the operation of a commercial motor vehicle, taxicab, livery, coach, limousine, passenger van, wheelchair-accessible van, or tow truck.

Who Is NOT Eligible?

This license only applies to certain suspended drivers. You will not qualify for a restricted use license if any of the following apply:

  • You do not have a valid NYS license or a NYS license that can be renewed.
  • Your license was suspended for a brief period of 30 or fewer days.
  • A judge suspended your license based on the court’s permissive authority rather than a mandatory DMV suspension.
  • You have already had another restricted license issued to you within the last three years.
  • You have a suspension that you have the power to end yourself. (For example, failing to answer a traffic ticket, failing to pay a fine, or failing to file an accident report).
  • Within the last four years, you were convicted of homicide/assault involving a motor vehicle, criminally negligent homicide, leaving the scene of an accident involving injury/death, or reckless driving.

Authorities: NYS DMV Help Article and NY Vehicle and Traffic Law (VTL) § 530.

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Need Help Resolving a Suspended License?

If your license is suspended due to unanswered tickets or unpaid fines, we can often reopen old cases to get your driving privileges restored. Speak directly with Seth M. Azria, Esq. to evaluate your options.

Azria Law Office • New York Traffic Defense Law

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