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NYS Graduated License Law

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Upstate Restrictions - Junior Learner's Permit

With Your Junior Learner Permit

You may drive:

  • 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 driving the vehicle you are driving.
  • Between the hours of 9 PM and 5 AM only under the direct supervision of:
    • Your parent, guardian, or a person "in loco parentis," or
    • A driver education teacher, or a driving school instructor.
    • The person who supervises your driving must be at least age 21 and have a license valid for the vehicle you are driving.
    • The only passenger allowed in the front seat is your supervising driver.
  • With 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 if your supervising driver is your licensed parent, guardian, person "in loco parentis," driver education teacher or driving school instructor.
    • If your permit was issued before February 22, 2010, you can drive with no more than two passengers under age 21 unless the passengers are members of your immediate family.
    • If your permit was issued before February 22, 2010, you can have more than two passengers under age 21 if your supervising driver is your licensed parent, guardian, person "in loco parentis," driver education teacher or driving school instructor.
  • Only when you and every passenger wears a seat belt, one seat belt per person. All children under age four must ride in federally-approved child safety seats.
    • 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.

You may not drive:

  • At any time on any street within a park in New York City, or any bridge or tunnel under the jurisdiction of the Triborough Bridge and Tunnel Authority.
  • At any time on the Cross County, Hutchinson River, Saw Mill River, or Taconic State parkways in Westchester County.
  • At any time in a DMV road test area.
  • At any time without a proper supervising driver or in violation of the above restrictions.

Important Information for Junior Drivers with Permits

When you take your road test, you must give the DMV license examiner:

  • Your photo learner permit.
  • A completed form MV-262 (Certification of Supervised Driving). With this statement your parent or guardian verifies that you have completed at least 50 hours of practice driving with a proper supervising driver (as defined above), with at least 15 hours at night (after sunset). You do not need proof of practice driving if you are age 17 and present a valid form MV-285 driver education certificate as proof that you passed a state-approved driver education course.
  • A form MV-278 pre-licensing course completion certificate. Before you can make a road test appointment, you must first complete an approved pre-licensing safe driving course. If a certified driver education course is completed, and a form MV-285 driver education certificate is issued, the MV-278 is not required. However, the driver education teacher may issue an MV-278 when what would be covered in the 5 hour course has been covered during the driver education course. To complete this requirement, all other drivers must take a special five-hour course available at most professional driving schools. To locate where this course is offered, look in the yellow pages of your local telephone directory under "Driving Instruction."