Pulaski

States often play fast and loose with international treaties signed by the federal government .

A few years ago a Mexico citizen on death row in Texas was denied his final appeal, citing the failure of authorities to notify the Mexican government that one of their citizens had been charged with first degree homicide, which was expected under an international treaty. The judge hearing the appeal more or less stated that failure to abide by an internal treaty wasn't a concern for the state of Texas, and the Mexican was executed shortly afterwards.

rpjs

OTOH the feds have used the Migratory Birds Treaty and others to override state legislation w.r.t. environmental protection.

Twinkle0927

Most states say that. But it’s for visitors. I just looked at WA DOL (we don’t call it DMV here, just to be different) and it also says 12 months but further qualifies it by saying this is for non-residents.

Note the information for “new residents of PA”:

http://www.dmv.pa.gov/Driver-Services/New-Resident-Relocation-Information/New%20Residents/Pages/Info-For-New-Residents.aspx

Jerseygirl

It says new residents with ‘an out of state license’...meaning a DL from another US state. The OP does not have ‘an out of state license’ she has an UK license.

Jellyfish

This happened to me in Maryland. I think it might have been a clumsy attempt to extort money, lol. I was told that there was a charge to translate all foreign licenses into English, even though the DMV employee could see it was already in English. She said the 'foreign' bit overrode the 'already in English' bit. I went up the chain-of-command with this, at which time I was told it was not necessary to have my British license translated into English. That was one step too far for even the DMV.

Rete

Every so often this topic of conversation as to who is considered a 'resident' for purposes of a driver's license comes up and is argued and discussed.

Once before I looked up the definition of who and what is considered a resident and residency in the State of New York for the need of acquiring a driver's license. This is from the Department of Motor Vehicles in New York State (DMV):

Drivers from other countries

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

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. See Get a driver license.

When you pass your road test, you must give your foreign driver license to the DMV road test examiner. The local DMV office will destroy your foreign driver license after 60 days. If you plan to return to your home country and will need your foreign driver license, ask the road test examiner how to make sure that your foreign driver license is not destroyed.


Definition of Resident per Section 250 (5) of the NYS Vehicle and Traffic Law: "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 NYS 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.

Also in NYS you are not allowed to drive yourself to the testing area nor are you allowed to drive in that area while you have a learner's permit.

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 NYS 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 NYS. DMV does not decide if you are a resident of New York State, if you must get a NYS driver license, or if you must register your vehicle in New York State.



I'll not bother looking up the definition for any of the other 49 states as that onus is on the foreigner who is making that state their place of residency.

Just note that in NYS, at least, you do not have to have to make the US your place of permanent residence, i.e. have or applied for a green card, to be required to obtain a NYS Driver's License. You are considered a resident of the state as per the site above.

Pulaski

I looked up CA once, it is very similar, listing things such as renting or buying a home, starting a job or self-employment, putting a child into school, etc. as prima facie evidence that you had become a resident and are required to obtain a CA drivers license. In other words, the California state government determines when you are deemed to have become a resident and at that point CA law trumps any federal laws on the validity of your foreign drivers license.

I presume, notwithstanding exceptions like PA, that the NY and CA model is typical for most states

But the bottom line for me in any case, is that, considering how easy it is to obtain a state license, I really can't understand why anyone wouldn't get an in-state license.

Brandy07

Ok - I didn’t post to find out how long I can drive in PA for on a UK license and didn’t intend to cause such a debate.

Thank you for all the responses. Both PA DMV and PennDOT have confirmed that I can drive myself to the test centre (as well as confirming I can drive here on my UK license for a year even though I’m currently living here).

I wasn’t able to get my license when we first moved - long story and on another post.

Each state obviously have different rules. My test is booked in for the earliest date I could get so all sorted.

Jerseygirl

Glad you have got it sorted out and your test booked.

Good luck.

Brandy07

Thank you 😊

Twinkle0927

Interesting that DMV and DOT have both given information that contradicts the website. I hope you took the names of those employees just in case you are stopped by the police or are involved in an accident of any kind.

Makes you wonder what the purpose of the website is... � ����

Brandy07

It doesn’t contradict their website
http://www.dmv.pa.gov/Pages/FAQ%20Pages/Miscellaneous-Frequently-Asked-Questions.aspx#Q5

steveq

Just get it out of the way.

MrsQ, SonQ and I all did PA tests, within a month of permanent arrival, I did my computer based test in around 5 minutes. My driving test was very friendly. My examiner knew I'd driven to the test in my hire car, so when I started the reversing maneouvre from the right spot, I'd moved in by 4 feet when he said that was fine, and head out of the test centre. Right turn, one mile, right turn, left turn, left turn at some lights and back to the test centre. Total elapsed time 10 minutes !

Jerseygirl

It does not...see my post #34.

md95065

Regardless of what the law may be in a particular state, or what any state website might say, the fun part is usually trying to find a DMV employee who actually knows what they are supposed to do ...