Driving in New York State

• be at least 16 years old and
• have a valid New York State driver license or learner permit, or
• a valid driver license or permit issued by another state or country

If you have a New York State learner permit or one issued in another state, you must follow New York State permit restrictions.

If you are under age 18, you must obey New York's Graduated License Law.

If you have a driver license from any country, you do not need a New York State license to drive here. You should only apply for a New York State driver license if you become a resident of New York State.

If you do not have a license in your home country and want to get a New York State driver license, you must pass a written test, complete a 5-hour pre-licensing course and pass a road test.

If you become a New York State resident, you must get a New York State driver license within 30 days. If you have a valid driver license issued by another U.S. state or territory, federal district or Canadian province, you may be eligible to exchange it for a New York driver license 

If your license was issued outside the U.S. or Canada, you must apply for a new original New York State driver license at a DMV office. When you pass your road test, you must give your foreign driver license to the DMV road test examiner. 

Section 250 (5) of the NY State Vehicle and Traffic Law says:

As used in this section, the term "resident" shall mean domiciliary, that is, one who lives in this state with the intention of making it a fixed and permanent abode. It shall be presumptive evidence that a person who maintains a place of abode in this state for a period of at least ninety days is a resident of this state.

To live in a house, a home, an apartment, a room or other similar place in New York State for 90 days is considered "presumptive evidence" that you are a resident of New York State. A police officer can use this as evidence to issue a traffic ticket if you drive in New York State without a New York State driver license or vehicle registration.

A judge considers the law and the evidence of your intent and decides if you are a resident of New York State. If you pay taxes or your children attend school in another state, a judge considers these facts to decide if your intent is to make New York a "fixed and permanent" residence. According to this law, students from other states or from other nations who attend school in New York State are usually not considered residents of New York.  DMV does not decide if you are a resident of New York State, if you must get a New York State driver license, or if you must register your vehicle in New York State.

You can drive in New York State with a valid driver license from another state or country. You don’t need to apply for a New York State driver license unless you become a New York State resident. 

If you have a driver license from another country you do not need to have an International Driving Permit, but it is helpful. The permit verifies in several languages that you have a valid driver license. Police officers who can’t read the language on your foreign driver license will be able to read the permit. Contact the authorities in your home country to get an International Driving Permit. 

Students from other states or from other countries who attend school in New York State are normally not considered New York State residents.