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If you have a problem driver restriction, you can drive only
- to and from your place of employment
- during the hours of your employment, if your occupation requires the operation of a motor vehicle
- to and from a medical appointment which is part of necessary medical treatment for you or a member of your household (you may be required to provide a written statement from your licensed medical provider that verifies the travel is necessary)
- to and from a Motor Vehicle office to transact business related to the license/permit/privilege that contains a problem driver restriction
- to and from a child's school/day-care if the child's attendance at the school/day-care is necessary for you to maintain employment or to maintain enrollment at an accredited school, college or university or a state-approved institution of vocational or technical training
- to and from an accredited school, college, or university or a State-approved institution of vocational or technical training in which you are enrolled
These restrictions are outlined in an attachment issued to you by the DMV. You must carry the attachment whenever you operate a motor vehicle. Your photo driver license or permit will have an A2 restriction displayed on the front of the document, and the words "PROBLEM DRIVER RESTRICTION" will be displayed on the back of the document.
The problem driver restriction can only be applied to a class D license. It cannot be applied to any commercial driver license (CDL) Class A, B, or C, junior operator license Class DJ, motorcycle operator license Class M or MJ, or a class E driver license.
There is no cost for the problem driver restriction. You will pay the required driver license fees at the DMV office, but there is no additional fee for the problem driver restriction.
You cannot drive in New York State with your out-of-state CDL license if your New York State record has a problem driver restriction.
You can drive through New York State with an out-of-state license with a problem driver restriction. You must carry your completed, signed, and dated problem driver restriction attachment and abide by the problem driver restrictions listed on the attachment.
Moving Violation Conviction with a Problem Driver Restriction
If you have a moving violation conviction before you obtain your driver license or permit with the problem driver restriction the approval for a driver license or permit with the problem driver restriction will be withdrawn if you are convicted of any of these violations:
- following too closely (tailgating)
- speeding, speed contest
- operating out of restriction
- cell phone or texting violation
- reckless driving
- any two other traffic violations. This includes a seat belt violation by the vehicle operator, but does not include parking, stopping, standing, equipment, inspection, or other non-moving violations.
Your driver license will be revoked for a minimum of 30 days. You may then apply to the Driver Improvement Unit for a new license and must pay a non-refundable $100 application fee.
Problem Driver Restriction with an Ignition Interlock Device
If your driving history includes alcohol-related violations, you may be required to install an ignition interlock device (IID) on any and all vehicles you own and/or operate. In addition, your problem driver restriction attachment will indicate that you are required to have an ignition interlock device.
The DMV-mandated ignition interlock device is different from a device ordered by a court under Leandra's Law. The DMV-mandated ignition interlock is imposed and removed administratively by DMV. An interlock restriction imposed by a court under Leandra's Law is imposed and removed by DMV under the orders of the court and is monitored by the court and designated monitors.
The problem driver restriction and IID is required under the authority contained in section 3.2(4) (c) of the Regulations of the Commissioner of Motor Vehicles. You are required to install and maintain an IID for a period of 5 years in all motor vehicles that you own or operate. You cannot have the IID removed early.
Drivers with an A2 Problem Driver restriction may operate a vehicle only under the following restrictions:
- To and from place of employment or education; during the course of employment or education, when required. If you are driving for employment, your employer must provide you with signed documentation, on company letterhead, saying they have knowledge of the ignition interlock restriction. The letter must also give you permission to operate the vehicle for business purposes without the device. You must carry this documentation with you when operating the employer’s vehicle.
- To and from a medical appointment which is part of a necessary medical treatment for you or a member of your household. You may be required to provide a written statement from your licensed medical practitioner that verifies such travel.
- To and from DMV offices in conjunction with the amendment of your driver's license with the problem driver restriction.
- To and from a place including a school, at which the child or children are cared for on a regular basis and which is necessary for the holder to maintain such holder's employment.
- Enrollment at an accredited school, college or university or a State-approved institution of vocational or technical training.
If you need an ignition interlock device, you must use one that is approved by the New York State Division of Criminal Justice Services. Visit the Ignition Interlock page on the New York State Division of Criminal Justice Services website for a list of service center locations that install interlock devices and learn more about how much the device costs.
Should you incur any violations/convictions, the approval may be withdrawn and favorable consideration may not be given to any future request for restoration of your New York State Driver license.