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The Graduated License Law and Restrictions for Drivers Under 18

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The Graduated License Law and Restrictions for Drivers Under 18
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In order to allow young drivers time to gain experience, New York State requires young people under the age of 18 to progress through the phases of the State's Graduated Driver License Law (GDL). The GDL allows drivers in this at-risk age group to gain experience and gradually display their safe driving ability.

Your driving privileges will vary depending on which of the following three geographic regions you will be driving in

  • Upstate New York (which is defined as any county north of the NYC border)
  • New York City (which is defined by the five Boroughs)
  • Long Island (which includes Nassau and Suffolk County)
Map of graduated license law regions.

Upstate New York GDL 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
  • there may 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 must 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.

 

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): "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 (PDF) (MV-58A).
  • a school course: "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.  

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: "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

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

New York City GDL Restrictions

If you have a Class DJ or MJ junior license, you cannot drive within the five boroughs of New York City under any circumstances

Junior permit holders who plan to drive a lot in New York City should delay their road test until their 18th birthday to allow for more practice driving with approved supervising drivers in vehicles with dual controls (dual brakes).

This prohibition does not apply to 17-year-old drivers who have completed a State Education Department-approved Driver and Traffic Safety Education Course (and submitted to DMV their Student Certificate of Completion (MV-285)) and received their Class D, adult license. With a Class D license, a 17-year-old may drive unrestricted anywhere in New York State.

Long Island GDL Restrictions

Restrictions

Except in certain circumstances, if you have a junior license (Class DJ, MJ or DJ/MJ) you can drive in Nassau and Suffolk counties 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.
  • person authorized by your parent, guardian or person in a position of "in loco parentis" to be your supervising driver in writing
  • 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 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
       

Exceptions

Daytime Exceptions  (5 AM to 9 PM)

If you have a junior license (Class DJ, MJ or DJ/MJ), you may drive in Nassau and Suffolk counties between the hours of 5 AM and 9 PM without a supervising driver only directly between your home and

  • your employment (you must carry appropriate proof of employment): "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 (PDF) (MV-58A).
  • 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
  • while engaged in farm employment
  • an approved driver education course

Nighttime Exceptions  (9 PM to 5 AM)

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

  • 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
  • while engaged in farm employment
  • an approved driver education course

Penalties

Traffic Violations

Your junior license 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 license.

Your junior license 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 license 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 driver license or permit for 120 days.

A second conviction within six months of the restoration of the license or permit (after the 120-day suspension is terminated) will result in

  • a revocation of at least one year of a probationary license, or
  • a revocation of at least one year for a Class DJ or MJ driver license

Frequently Asked Questions

Can I drive outside of New York State with a junior driver license?

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

 

Can I drive in New York State with a junior driver license from another state?

If you are under the age of 16, you cannot drive in New York State, even if you hold a permit or license issued by another state.

If you are age 16 or older and hold a junior driver license 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.

 

Can I get a class D or M license if I am under 18?

If you are 17, you are eligible for a senior driver license (Class D or M) if you have a junior driver license or limited junior driver license and have completed a state-approved high school or college driver education course. To change your junior license to a senior license, bring your junior license and the Student Certificate of Completion (MV-285) that you received from your instructor to any DMV office. You must return your certificate and junior license to receive the senior license. If you do not change your junior license to a senior license, you are subject to the restrictions for junior drivers until you are age 18, even if you carry the completion certificate with you. You can also give your certificate with your junior permit to the license examiner at your road test. You will automatically receive a senior license when you become eligible.