VTL § 509(7), Operate CMV Without License in Possession

The Benjamin Goldman Law Office helps commercial drivers with all types of New York Vehicle & Traffic Law violations. If you were charged with operating a commercial motor vehicle without being in possession of the appropriate license under VTL § 509(7), you can contact our team. The attorneys at the Benjamin Goldman Law Office help clients in courts across New York State. You are welcome to review our verified testimonials, list of courts we appear in, and get in touch with us for a free consultation.

VTL § 509(7) Statute

No person shall operate a commercial motor vehicle without being in possession of the appropriate license for the motor vehicle being operated.

Source: NYS Vehicle & Traffic Law § 509(7) (nysenate.gov)

Plain-English summary

If you drive a commercial motor vehicle in New York, you must have the right driver’s license with you—one that allows you to operate the vehicle you’re driving. VTL § 509(7) makes it a violation to operate a CMV without that license in your possession. This means if you have the proper driver’s license but just don’t have it with you in the vehicle you are in violation of the statute. The fine is capped at $75 (+surcharge), and the violation doesn’t carry points, but it can still show up on your record and matter for CDL holders.

Practical applicability

This applies when a person operates a commercial motor vehicle (CMV) without being in possession of the appropriate license for the motor vehicle being operated. It does not apply when the vehicle is not a commercial motor vehicle (CMV) as defined by the VTL, when the operator had the appropriate license in possession (e.g., produced at the scene or shortly after), or when the operator was not “operating” the vehicle. See VTL § 509(7) and the VTL definition of “commercial motor vehicle.”

Defense analysis

Defenses include: (1) the operator was in possession of the appropriate license (e.g., left in another pocket or bag, produced promptly); (2) the vehicle was not a “commercial motor vehicle” under the VTL; (3) the license held was the “appropriate” one for the vehicle being operated (class, endorsements); (4) the defendant was not the operator. VTL § 509(11) limits the penalty for subdivision 7 to a fine of not more than $75. See VTL § 509(7), (11).

What are the penalties?

• Fine: Per VTL § 509(11), a violation of subdivision 7 or 8 shall be punishable by a fine of not more than seventy-five dollars + surcharge of $88 (city courts) or $93 (justice courts).
• Jail: Not specified for subd. 7/8; other § 509 violations may carry up to 15 days.
• Points and surcharge: No points but may appear on CMV record.

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

Benjamin Goldman Law Office

If you were charged with a VTL § 509(7) violation, the Benjamin Goldman Law Office can advise you. We can help with commercial driver and license matters across New York. Contact us for a complimentary consultation via our contact page.

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