About problem driver restrictions

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 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 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 on an attachment issued to you by the DMV. You must carry the attachment whenever you operate a motor vehicle.


To which classes of license can a problem driver restriction be applied?

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.


Can I drive through New York State with my out-of-state CDL license if my New York State record has the problem driver restriction?

No. A driver with a CDL issued in another state cannot operate a commercial motor vehicle in New York State with a problem driver restriction on their New York State record.


Can I drive through New York State with my out-of-state license with the problem driver restriction?

Yes. You must carry your completed, signed and dated problem driver restriction attachment and abide by the problem driver restrictions listed on the attachment.


Is there a cost for this restriction?

No, you will pay the required driver license fees at the DMV office, but there is no additional fee for the problem driver restriction.


Where will the problem driver restriction be displayed?

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.


How long will the restriction be in effect? Is there any way I can have the restriction removed early?

If your revocation was due to an alcohol-related incident, the restriction remains in effect for five years from the date you receive your driver license or permit. If your revocation was not due to an alcohol related incident, the restriction remains in effect for two years from the date you receive your driver license or permit.

The restriction cannot be removed earlier.


What happens if I have a moving violation conviction before I obtain my 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 for to the DIU for a new license and must pay a non-refundable $100 application fee.

 

Problem Driver Restriction with DMV Mandated Ignition Interlock Device

What is a problem driver restriction with a DMV mandated ignition interlock device?

If your driving history includes alcohol-related violations, you may be required to install an ignition interlock device on any and all vehicles you own andor operate. You are also subject to the problem driving restrictions. In addition, your problem driver restriction attachment will indicate that you are required to have an ignition interlock device.

 

Is the DMV mandated ignition interlock device different from a device ordered by a court under Leandra's Law?

Yes. 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.

 

Which ignition interlock device do I need?

Any device that is approved by the NYS Division of Criminal Justice Services.

 

Where can I go to have an ignition interlock device installed?

Visit the Ignition Interlock page at the NYS Division of Criminal Justice Services website for a list of service center locations.

 

What does the interlock device cost?

For information about installation fees, visit the Ignition Interlock page at the NYS Division of Criminal Justice Services website.

 

Do I have to install the device in just my vehicle?

No, devices must be installed in any and all vehicles you own or operate.

 

For how long must the device be installed?

The device must be installed for five years from the date you receive your driver license or permit.

 

Can I have the interlock device removed early?

No, you must have the device installed for five years while you have the problem driver restriction.

 

What happens if I operate a vehicle with no interlock device installed?

You can be issued a traffic ticket for driving out of restriction. If you are convicted, your driver license will be revoked.