Driver’s License NOT Required To Drive In New York State
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Driving without a license sounds like a bad thing, right? Check the laws because it’s not as bad as you think. In fact, there is no law to be found that restricts it, assuming you were not driving for commercial purposes and the vehicle is just a regular automobile, not a taxi cab, 18-wheeler, or off-road type of automobile.
How do you look up these laws? A website called findlaw.com can help you find the laws for your state. As for New York State, my home-turf, no law says any license is required for driving a typical automobile.
By clicking the above “New York State” link, you’ll see a row called “Driving without a license/With a suspended license”. The link associated with it takes you to http://public.leginfo.state.ny.us/, a site that lists the laws of New York State. The category called “VAT” (Vehicle and Traffic) takes you to the laws for driving.
Valid But Not Required
Article 19, Section 501 starts by talking about different licenses and what they are valid for. The typical class for an average person who travels for moving himself from point A to point B, is a CLASS D. The law says this about a class D:
(iv) Class D. Such license shall be valid to operate any passenger or
limited use automobile or any truck with a GVWR of not more than
twenty-six thousand pounds or any such vehicle towing a vehicle with a
GVWR of not more than ten thousand pounds, or any such vehicle towing
another vehicle with a GVWR of more than ten thousand pounds provided
such combination of vehicles has a GCWR of not more than twenty-six
thousand pounds, or any personal use vehicle with a GVWR of not more
than twenty-six thousand pounds or any such vehicle towing a vehicle
with a GVWR of not more than ten thousand pounds, except it shall not be
valid to operate a tractor, a motorcycle other than a class B or C
limited use motorcycle, a vehicle used to transport passengers for hire
or for which a hazardous materials endorsement is required, or a vehicle
defined as a bus in subdivision one of section five hundred nine-a of
this title.
So it is valid but never says it’s required. If it is valid, that just means it satisfies the standards for licenses found in Section 502. It is referring to the license, not the person driving. This is not just a technicality, as I thought at first.
Some Licenses Are Required
All classes down to class MJ say that licenses are valid. Below that, it begins to mention licenses that are required. For what are licenses required? Here’s the list:
- To operate double and triple trailers
- To transport hazardous material
- To operate a tank vehicle
- To operate a bus
- To operate a farm vehicle
- To operate a personal use vehicle
- To operate a tow truck
- To operate a commercial motor vehicle
- To operate a school bus
Number 6 says a personal use vehicle, but don’t mistake that for a car. Under definitions in Section 501-A , a personal use vehicle is defined as:
8. Personal use vehicle. A vehicle constructed or altered to be used
for recreational purposes which is exclusively used to transport family
members and/or personal possessions of such family members for
non-business recreational purposes by the operator, or a rental truck
which is exclusively used to transport personal possessions of the
person who has rented the truck for non-business purposes.
This is obviously not a car that most people drive. That is more like an RV, camper, U-Haul, or some type of moving vehicle.
Section 509, Violations
Under Section 509 (violations), it says that nobody can operate a motor vehicle without being duly licensed “pursuant to the provisions of this chapter”. What does that chapter say? Every section says “whenever a license is required“. Again, licenses are not required for operating your average car. A class D is valid for it, but not required.
2. Whenever a license is required to operate a motor vehicle, no
person shall operate a motor vehicle unless he is the holder of a class
of license which is valid for the operation of such vehicle.
If driving a commercial vehicle, it is required, as stated here:
7. No person shall operate a commercial motor vehicle without being in
possession of the appropriate license for the motor vehicle being
operated.
So Now What?
If you are ticketed for driving without a license, ask for the exact law (article, chapter, and section) that was violated, that explicitly states that a license is required for driving your particular automobile. Some states may have that law, but as far as New York law is concerned… the law is missing.
The article was written at prisonplanet.com, on September 17, 2007 with the headline: