New York Codes, Rules and Regulations, Title 15

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Chapter I REGULATIONS OF THE COMMISSIONER

Subchapter A DRIVER LICENSING AND TRAINING

Part 1 Class Dj And Mj Drivers' Licenses

N.Y. Comp. Codes R. & Regs. Tit. 15§ 1.1 Definitions

For the purposes of this Part, the following terms shall have these meanings:

(a) Place of business shall include any location or building which is maintained by the employer of the licensee.

(b) School shall mean instruction, education or training licensed or approved by a department or agency of this state or training conducted by the armed forces of the United States except it shall not include extra-curricular activities or social events for which scholastic credits are not given.

(c) One in a position of "loco parentis" to the licensee is a person who, in relation to the licensee, has on a regular and extended basis, assumed the character of a parent and is discharging parental duties as the result of the death, disability, or absence of the natural parent.

N.Y. Comp. Codes R. & Regs. Tit. 15§ 1.2 Restrictions on operation

A class DJ or class MJ licensee may operate a motor vehicle within the State of New York subject to the following conditions:

(a) New York City. A class DJ or class MJ license shall not be valid for the operation of a motor vehicle in New York City at any time.

(b) Nassau and Suffolk Counties:

(1) for the purpose of driving to and from one of the following: a state-approved cooperative work-study educational program, an approved program for credit in a post-secondary institution, a state-approved registered evening high school, an approved driver education course or while engaged in farm employment; or

(2) from 5 a.m. to 9 p.m., to and from a place of business where the holder is regularly employed, or when accompanied by a duly licensed parent, guardian, person in a position of loco parentis, driver education teacher, or driving school instructor.

(c) In all other areas of the state, except for the City of New York:

(1) from 5 a.m. to 9 p.m.; or

(2) from 9 p.m. to 5 a.m. when going to or from school, or to or from a place of business where the holder is employed on a regularly scheduled basis, or when accompanied by a parent, guardian or one in a position of loco parentis to the licensee.

(d) Notwithstanding the provisions of this section, a person enrolled in an approved driver education course may operate a motor vehicle without holding a driver's license (section 507[1] of the Vehicle and Traffic Law).

N.Y. Comp. Codes R. & Regs. Tit. 15§ 1.3 Operation to and from school

(a) Operation to and from school shall include driving unaccompanied to and from school as defined in section 1.1(b) of this Part provided that such licensee possesses the required documentation of such school attendance signed by such person's instructor. The documentation shall include a letter signed by the instructor containing the date of the letter, the licensee's name, date of birth, motorist identification number, the dates and time of the instruction, education or training and the name, address and phone number of such instructor for verification by a police officer or magistrate.

(b) Notwithstanding the provisions of subdivision (a) of this section, documentation requirements shall not be applicable if such licensee could otherwise operate a motor vehicle at any time or place without restriction.