VTL § 509(10), Holding NY License While Holding Other Jurisdiction License

The Benjamin Goldman Law Office can assist with New York Vehicle & Traffic Law violations. If you were charged with holding an unexpired New York license while holding a driver's license from another jurisdiction under VTL § 509(10), we can help. Our firm can help with license violations in courts across all of New York state. Please see our testimonials, courts we appear in, and you can contact us for a free consultation.

VTL § 509(10) Statute

No person shall hold an unexpired license issued by the commissioner while holding a driver's license issued by any other jurisdiction. This prohibition shall not apply to any license which by its terms is valid only within the jurisdiction of issuance. Nor shall it apply if such person has informed the commissioner of such multiple licenses and the commissioner has determined that it is necessary for such person to hold more than one license to comply with the laws of each of the jurisdictions in which such licenses were issued. The foregoing exceptions shall not be applicable to commercial driver's licenses after December thirty-first, nineteen hundred eighty-nine.

Source: NYS Vehicle & Traffic Law § 509(10) (nysenate.gov)

Plain-English summary

New York generally doesn’t allow you to hold a valid New York driver license and a valid license from another state or country at the same time. VTL § 509(10) makes that a violation. There are two main exceptions: if the other license is valid only in the state that issued it, or if you’ve told the DMV and the commissioner has said you need both to comply with each place’s laws. Fines can go up to $300 and there’s no points, but a conviction can still show on your record.

Defense analysis

Defenses include: (1) the other license is “by its terms valid only within the jurisdiction of issuance”; (2) the person informed the commissioner of the multiple licenses and the commissioner determined it was necessary to hold more than one to comply with the laws of each jurisdiction; (3) for CDLs after 1989, the statutory exceptions do not apply—so the defense would be that the person did not in fact hold both an unexpired NY license and an unexpired other-jurisdiction license at the same time. See VTL § 509(10).

What are the penalties?

• Fine and jail: Per VTL § 509(11), a violation of any provision of this section shall be punishable by a fine of not less than seventy-five nor more than three hundred dollars, or by imprisonment for not more than fifteen days, or by both (except subd. 7 or 8: fine not more than $75).
• Points and surcharge: There are no points. The exact fine is up to the judge, with the maximum being $300 plus a surcharge of $88 (city court) or $93 (justice court)

Source: NY Assembly/Senate bill search; VTL § 509(10).

Benjamin Goldman Law Office

If you were charged with a VTL § 509(10) violation, the Benjamin Goldman Law Office can advise you. We can help with license and multiple-license matters across New York. Contact us for a complimentary consultation via our contact page.

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