The New York State Department of Motor Vehicles Commissioner Raymond P. Martinez today announced that Chapter 60 of the Laws of 2005, Part E, amends various sections of the Vehicle and Traffic Law (VTL) affecting commercial driver license (CDL) holders.  The changes implement federal mandates to expand and toughen the consequences for commercial drivers who violate certain provisions of the VTL and the Penal Law.  The changes take effect September 30, 2005.

The key provisions of Chapter 60 are as follows:

Certificates of Relief for Conditional or Restricted Use Licenses:

CDL holders will no longer be eligible for Conditional or Restricted Use licenses with commercial privileges, even if a court issues a certificate of relief from civil disabilities.  DMV will not accept Certificates of Relief issued or presented on or after September 30, 2005, by CDL holders who apply for Conditional or Restricted Use licenses.  This is true even if the traffic violation that resulted in the suspension or revocation of the license occurred in a personal (non-commercial) motor vehicle.  However, a Conditional or Restricted Use license with commercial privileges issued prior to September 30, 2005 shall be considered valid.

A CDL holder who is suspended for failure to pay child support will not be issued a Restricted Use license with commercial privileges.  Also, a pre-conviction conditional license (PCCL) cannot have commercial privileges.  A court may issue a hardship privilege to a CDL holder if his or her license is suspended pending prosecution; however, such hardship privilege may not be used to operate any motor vehicle that requires a CDL.

NOTE:  A Certificate of Relief will still be acceptable, in appropriate cases, for drivers with a Class E license who drive taxis (Conditional license) or, in the case of a Restricted Use license, for drivers who operate a taxicab, livery, coach, limousine, van, wheelchair accessible van or a tow truck.

New Serious Traffic Violations:

There are three new serious traffic violations related to the operation of commercial motor vehicles (CMV):

• Operating a CMV without first obtaining a CDL;
• Operating a CMV without a CDL in the driver’s possession;*
• Operating a CMV without the proper class of CDL and/or endorsement for the specific vehicle being operated or for the passengers or type of cargo being transported.

*A court is required to dismiss the charge of operating a CMV without a CDL in the driver's possession if, at any time after the driver is ticketed and before the court appearance date, the driver supplies both the issuing law enforcement authority and the court with proof that he or she held a valid CDL on the date of the violation

One-Year License Revocation.  The license of a CDL holder shall be revoked for a minimum of one year if the CDL holder:

• Refuses to submit to a chemical test while operating any motor vehicle, personal or commercial;
• Is convicted for leaving the scene of either a property damage or personal injury accident without reporting, while operating any motor vehicle, personal or commercial;
• Is convicted for an alcohol or a drugged driving related offense while operating any motor vehicle, personal or commercial;
• Is convicted for a felony committed within or outside of NYS involving the use of any motor vehicle, personal or commercial; or
• Is convicted for operating a CMV while his or her CDL was revoked, suspended, or canceled for prior violations, or if disqualified from operating a CMV, or if convicted for causing a fatality through negligent operation of a CMV, including, but not limited to crimes of vehicular manslaughter or criminally negligent homicide.

Permanent License Revocation.  The license of a CDL holder shall be permanently revoked if the CDL holder is convicted of any of the offenses listed above, and the CDL holder:

• Previously refused a chemical test while operating any motor vehicle, personal or commercial, or
• Was previously convicted for any of the following offenses while operating any motor vehicle, personal or commercial:
  • Leaving the scene of either a property damage or personal injury accident without reporting;
  • Committing an alcohol related offense;
  • Committing a felony involving the use of any motor vehicle;
  • Operating a CMV while his or her CDL was revoked, suspended, or canceled for prior violations, or if disqualified from operating a CMV, or if convicted for causing a fatality through negligent operation of a CMV, including, but not limited to crimes of vehicular manslaughter or criminally negligent homicide.