VTL 509-5 “Holding More Than One New York State License”

Vehicle & Traffic Law § 509-5 concerns holding more than one active New York State driver's license at the same time. A ticket for this violation is rarely issued, mostly due to the near impossibility of obtaining two licenses nowadays. This statute is mostly a relic from times before the DMV used computers and when one was possibly able to obtain a license with less proof of identification.

Text of the Statute

Vehicle & Traffic Law § 509(5) provides:

No person shall hold more than one unexpired license issued by the commissioner at any one time. The holding of a license of one class and a learner's permit for another class at the same time shall not be deemed a violation of this subdivision.

What Is the Penalty for Having Two Driver's Licenses?

A VTL § 509(5) conviction is a non-moving violation, and the fine is set by the judge within the statutory range.

• DMV points: 0 points. VTL 509(5) is a non-moving violation and does not add points to a driving record.
• Fine: Up to $300 for a first offense under VTL § 1800, plus a mandatory surcharge under VTL § 1809 of $88 (city courts) or $93 (town and village courts).
• Jail: Up to 15 days is legally possible but rarely imposed for this infraction.
• Not a violation: Holding a learner's permit in a different class at the same time, or keeping an old, expired license along with a current one, is not a violation of VTL § 509(5), per the statute's own exception language.

Who Gets Cited With VTL § 509(5)?

Any driver in New York who holds two unexpired NY State driver's licenses at the same time can be cited under VTL § 509(5). In simple terms, once the DMV issues you a new license, your old one is no longer valid, and holding both is a violation. This is a rare ticket today, mostly because computerized DMV records make it hard to be issued two active licenses in the first place.

• Simultaneous active licenses: The core violation, holding two unexpired NY State licenses at once, most often a leftover from before DMV records were computerized.
• Not violations: A current license plus a learner's permit in a different class, or a current license plus an old expired one, is not a violation of this subdivision.
• Related but separate charge: Holding a valid NY license while also holding a license from another state falls under VTL § 509(10), not subdivision 5.

Benjamin Goldman Law Office – License Violation Lawyer

For any traffic-related charges, you can contact the Benjamin Goldman Law Office. We are a New York State law firm whose main practice is Traffic Law. The firm first opened in 2011 in Sullivan County, in the Catskills region. Since then, we have seen much success and expanded our coverage area. Now we help motorists in every area of the state. Our attorneys have helped motorists in most of the state's justice courts. We have experience in the Brooklyn Traffic Violations Bureau, Suffolk County Traffic & Parking Violations Agency, Yonkers City Court, Wayland Village Court, and Amherst Town Court. Contact our team at your convenience. We are here to help.

Fight a VTL § 509-5 Ticket