Permissive Operation in NY with a Junior Driver’s License

A New York driver’s license to operate a passenger motor vehicle is called a “Class D License,” and a license to operate a motorcycle is a “Class M License.” When a motorist is under the age of 18, the Class D or M License is issued with certain restrictions. It is called a junior license, and is a class “DJ” or “MJ” license.

If caught driving in violation of a license restriction in New York the violation is not operating without a license in violation of NY VTL § 509(1), although this is often charged. The infraction is operating outside of a license restriction in violation of NY VTL § 509(3). See, People v. Greco, 151 Misc.2d 859, 583 N.Y.S.2d 714 (App. Term 2nd Dept. 1992), motorist cannot be charged with operation without a license when merely operating outside of restricted use.

If you are charged with driving without a license, operating outside of license class, or aggravated unlicensed operation under NY VTL § 511(a)(1), call our traffic court lawyers for a free phone consultation. A conviction of any of these charges will result in insurance increases and possibly license suspensions.

Restrictions of operation for junior drivers

Under 15 NYCRR § 1.2, a class DJ/MJ licensee may operate a motor vehicle within the State of New York subject to the following conditions:

In Nassau or Suffolk Counties (Long Island):

• 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 or guardian, driver education teacher, or driving school instructor
• Driving to and from:
  • A state-approved work-study program
  • An accredited college
  • A state approved evening high school
  • A driver education course
  • While engaged in farm employment

• In all other counties of the State of New York except the City of New York (Bronx, Queens, Brooklyn, Staten Island, and Manhattan):

• From 5 a.m. to 9 p.m.; or
• From 9 p.m. to 5 a.m. when
  • Going to or from school, or
  • To or from a place of business where employed on a regularly scheduled basis, or
  • When accompanied by a parent or guardian