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Upstate New York junior driver license restrictions

DAYTIME DRIVING (5 AM to 9 PM)

If you have a junior license (Class DJ, MJ or DJ/MJ), you may drive in upstate New York

  • without a supervising driver between the hours of 5 AM and 9 PM

 

NIGHTTIME DRIVING (9 PM to 5 AM)

Between the hours of 9 PM and 5 AM,  you may drive without a supervising driver only directly between your home and

  • your employment (you must carry appropriate proof of employment) 1  
  • a school course 2  

In any circumstance other than those described above, you may drive between the hours of 9 PM and 5 AM only under the direct supervision of your

  •  parent
  • guardian 3  
  • a person "in loco parentis" 4 
  • driver education teacher or a driving school instructor

For driving between 9 PM and 5 AM, it is also required that

  • the person who supervises your driving be at least age 21 and have a license valid for the vehicle you are driving
  • the only passenger in the front seat be your supervising driver
  • there be no more than one passenger under age 21 unless the passengers are members of your immediate family. You can have more than one passenger under age 21 only if your supervising driver is your licensed parent, guardian, person in a position of "in loco parentis," driver education teacher or driving school instructor
  • every passenger wear a seat belt, one seat belt per person
  • all children under age four ride in federally-approved child safety seat
    • if the child is more than 40 pounds in weight, they must use a proper child restraint system such as a booster seat
    • until their 8th birthday, children must use a proper child restraint system
    • children more than four feet nine inches tall are allowed to use a seat belt and shoulder harness


What are the penalties for traffic violations as a junior driver?

Your junior permit, license, or privileges will be suspended for 60 days if you are convicted of one serious traffic violation or two other violations that were committed while you held a junior permit or license.

Your junior permit, license, or privileges will be revoked for 60 days if you are convicted of one serious traffic violation or two other violations within the first six months after your permit, license or privileges are restored after a suspension or revocation.

A "serious traffic violation" is normally a violation that carries three or more driver violation points.

 

What are the penalties for conviction of cell phone use or texting as a junior driver?

If you have a Class DJ or MJ driver license or learner permit, the first conviction of a cell phone use or texting violation will result in a suspension of your driver license or permit for 60 days.

 A second conviction within six months will result in

  • a revocation of at least 6 months of a probationary license, or
  • a revocation of at least 60 days for a Class DJ or MJ driver license or learner permit
  • 1. "employment" means a place of business at which you are paid to work on a regularly scheduled basis. You may NOT drive during work or as part of your work duties, such as for deliveries. Driver must also have in their possession a filled out “Certificate of Employment” (form MV-58A).
  • 2. "school course" means instruction, education or training that is licensed or approved by a state agency or department, or training conducted by the U.S. Armed Forces. The term "school course" does NOT include extracurricular activities, sports or social events for which no scholastic credits are given.
  • 3. "guardian" means a person who has, on a regular and extended basis, assumed the character of your parent and is discharging parental duties as the result of the death, disability, or absence of your natural parent.
  • 4. "in loco parentis" means a person who has, on a regular and extended basis, assumed the character of your parent and is discharging parental duties as a result of the death, disability, or absence of your natural parent.