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Learner Permit Restrictions

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Learner Permit Restrictions
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Restrictions for All Permit Holders

No matter what age you are, if you hold a learner permit, you may not drive unless accompanied by a supervising driver age 21 or older who has a valid license to operate the vehicle you are driving. For example, only a person with a motorcycle license may supervise a person learning to drive a motorcycle.

You may not drive with a learner permit

  • on any street within a park in New York City
  • on any bridge or tunnel under the jurisdiction of the Tri-borough Bridge and Tunnel Authority
  • on the Cross County, Hutchinson River, Saw Mill River, or Taconic State parkways in Westchester County
  • in a DMV road test area

You may drive outside New York State with your junior permit or permit if it is allowed by the laws of the other state. You must obey the junior permit restrictions that apply in that state. Check with the police or motor vehicle authorities in the state you will visit.

If you have a learner permit from another state and are under the age of 16, you cannot drive in New York State.

If you are age 16 or older and hold a junior permit or permit from outside New York State, you must obey

  • any restrictions imposed by the state that issued your permit or driver license, and
  • the New York State general learner permit restrictions and, if you are under age 18,  the regional junior learner permit and junior driver license restrictions explained on these pages

Make sure your learner permit or driver license is valid to drive outside your home state before you drive in New York.

 

Motorcycle Permits

If you have a motorcycle learner permit (Class M, MJ or Limited MJ), your supervising driver must:

  • exercise “general supervision” of you while you operate the motorcycle, and
  • remain within one-quarter mile of you, keeping you in sight at all times

The only passenger who can ride with you on the motorcycle is your supervising driver. If you operate a moped with any valid class of learner permit, the same passenger rules apply.

Upstate New York Permit Restrictions

Daytime Driving Restrictions (5 am - 9 pm)

If you have a junior learner permit, you may drive in upstate New York between the hours of 5 AM and 9 PM only under the direct supervision of a person who is at least age 21 and has a license valid for the vehicle you are driving.

It is also required that

  • the only passenger in the front seat is your supervising driver
  • there be no more than one passenger under the age of 21 unless the passengers are members of your immediate family. You can have more than one passenger under the age of 21 only if your supervising driver is your
    • parent
    • guardian - "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.
    • a person "in loco parentis" - "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. 
    • driver education teacher or driving school instructor
  • every passenger wears a seat belt, one seat belt per person
  • all children under age four ride in a 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

 

Nighttime Driving Restrictions (9 pm - 5 am)

If you have a junior learner permit, you may drive in upstate New York between the hours of 9 PM and 5 AM only under the direct supervision of a

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

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 is your supervising driver
  • there be no more than one passenger under the age of 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 wears a seat belt, one seat belt per person
  • all children under age four ride in a 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

After you have a valid permit for six months, you may take a road test. When you pass the road test, DMV will issue you a junior license (Class DJ or MJ).

With your junior license, you may begin driving unsupervised in certain situations. During this time it is strongly recommended that you continue supervised driving whenever possible. The first six months of unsupervised driving are by far the most dangerous. It is important to ease into unsupervised driving to allow for proper experience.

New York City Permit Restrictions

Daytime Driving (5 am to 9 pm)

If you have a junior learner permit, you may drive in any of the five boroughs in New York City between the hours of 5 AM and 9 PM only under the direct supervision of your

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

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 vehicle being driven has dual controls (dual brakes)
  • the only passenger in the front seat is your supervising driver
  • there be no more than one passenger under the age of 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 wears a seat belt, one seat belt per person
  • all children under age four ride in a 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

 

Nighttime Driving (9 pm to 5 am)

If you have a junior learner permit, you cannot drive in any of the five boroughs in New York City between the hours of 9 PM and 5 AM under any circumstances.

Long Island (Nassau & Suffolk) Permit Restrictions

Daytime Driving (5 am to 9 pm)

If you have a junior learner permit, you may drive in Nassau and Suffolk Counties between the hours of 5 AM and 9 PM only under the direct supervision of

  • your parent
  • a guardian: "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.
  • a person "in loco parentis": "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.
  • a person authorized to be your supervising driver by your parent, guardian, or person in a position of "in loco parentis" in writing
  • a driver education teacher or a driving school instructor


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 is your supervising driver
  • there be no more than one passenger under the 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 wears a seat belt (one seat belt per person)
  • all children under age four ride in a 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

 

Nighttime Driving (9 pm to 5 am)

You cannot drive in Nassau and Suffolk Counties under any circumstances between the hours of 9 PM and 5 AM.

Penalties

Traffic Violations

Your junior permit privileges will be suspended for 60 days if you are convicted of 1 serious traffic violation or 2 other violations that were committed while you held a junior permit or license.

Your junior permit privileges will be revoked for 60 days if you are convicted of 1 serious traffic violation or 2 other violations within the first 6 months after your permit privileges are restored after a suspension or revocation.

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

 

Cell Phone Use or Texting

The first conviction of a cell phone use or texting violation will result in a suspension of the permit for 120 days.

A second conviction within six months of the restoration of the permit (after the 120-day suspension is terminated) will result in a revocation of at least one year for a Class DJ or MJ learner permit.