Vehicle And Traffic Law (VTL) Section 509, in essence, aims to ensure that drivers are properly licensed for the type of vehicle they are driving and that they follow specific requirements to maintain safe and legal driving practices. Failure to comply can lead to fines, surcharges and, in some circumstances, even suspensions. While not a crime (like violating VTL 511-a, aggravated unlicensed), a violation of this section can still lead to severe consequences including suspension and insurance hikes.
Section 509, in pertinent part, can be summarized as follows:
Driver’s License Requirement: You must have a valid driver’s license to operate a motor vehicle on public roads, sidewalks, or at locations like shopping centers or garages. The only exception is during a road test.
Commercial Vehicles: If you’re driving a commercial vehicle, you need the proper endorsements on your license for the type of vehicle and cargo you’re handling.
License Class: You need the correct class of license for the specific type of vehicle you’re driving.
License Restrictions: You cannot drive a vehicle in violation of any restrictions on your license.
Vehicle Owners: If you own or are responsible for a vehicle, you cannot knowingly let someone drive it if they don’t have the proper license or are violating any restrictions.
One License Rule: You can only hold one unexpired driver’s license at a time, although you can have a learner’s permit in another class.
Misuse of License: It’s illegal to let someone else use your license, to use a fake or someone else’s license, or to drive without your license on hand.
Medical Certification: Commercial drivers must be medically certified to operate their vehicle.
Address Change: If you move, you must notify the DMV of your new address within 10 days of moving. This law applies to your driver license and vehicle registration records, among other things. You can update your address online via DMV’s website, by mail using DM form MV-232, or in person at a DMV office. Updating your address with the US Postal Service does not update your DMV records. We’ve seen many motorists get into trouble because they did not update their address and, as a result, failed to receive notices from DMV or traffic courts.
Disability Notification: If required to inform the DMV of a disability, you can’t drive until you’ve done so.
Dual Licenses: You can’t hold a New York license if you have one from another jurisdiction unless you have special permission from the DMV.
Penalties: Breaking any of these rules can lead to fines between $75 and $300 or up to 15 days in jail. Some specific violations, like operating a commercial vehicle without a proper license, may have higher fines, especially for repeat offenses. Further, a person’s driver’s license can be suspended for violating some of these subdivisions including:
- Operating without a proper license (especially if it involves a commercial vehicle, can lead to suspension).
- Using a forged or someone else’s license.
- Medical certification violations (especially if not timely addressed).
- Allowing Unauthorized Drivers. For instance, a parent allowing an adult child to use his or her card when the parents knows that the child is not licensed, has a suspended licensed, etc.
- Multiple Licenses Violation.
- Failure to Report a Disability.
- Failure to Notify of Address Change (although this rarely results in a suspension).
- Operating for Hire without the Proper License, such as operating a taxi, limo or tow truck without the proper license class (especially if there are repeated offenses).
- Failure to Comply with Commercial Driving Medical Requirements
Follow Up Questions Regarding VTL 509:
Below are some frequently asked questions that we get about unlicensed tickets.
Is it legal to drive just with a photo of your driver’s license in NYS? A photo of your license is technically a violation of the law. The physical license must be in hand.
If I have a pending ticket and move, do I have to notify the Court? Yes, notifying the DMV of a change of address alone is insufficient in such a situation. You also have to notify the Court where your case is pending as it will not be otherwise notified of your new address and will continue to send correpondence to your prior address. We have seen many motorists get in trouble in New York City for failing to update their address with the Traffic Violations Bureau.
What is the biggest issue you see with changes of address? Believe it or not, many people don’t timely open their mail timely. With mail delays sometimes taking up to two weeks, that further eats into the window of 30 days that many courts provide to respond.
What about out of state license holders? Do they need to update their address with the New York court? Yes, if he or she has a pending New York ticket.
What is a good best practice? If the address written by the police officer on the ticket has an error, you should notify the Court iimmediately. Otherwise, communications from the Court will be going to the wrong address and you can consequently end up suspended.
