According to the TX Department of Public Safety (DPS), a person who is operating a motor vehicle while their license is under suspension, revocation, or cancellation is subject to an additional license suspension for the same period of time as the original suspension. So your son should not drive while his license is suspended unless he can get a conditional license.
In Texas if your license is suspended you may apply for an occupational license so he should check to see if he will be able to apply for this restricted license in order to get to school and work.
An occupational license is a special restricted license issued to persons whose license has been suspended or revoked for certain offenses (other than medical reasons or delinquent child support).
An occupational license authorizes the operation of a non-commercial motor vehicle in connection with a person’s occupation, for educational purposes or in the performance of essential household duties. Requests for such licenses are made to the county or district court in the county of the licensee’s residence or to the court of original jurisdiction where the offense occurred
The court order and all other required items need to be submitted to the Texas Department of Public Safety so an occupational license can be issued. The court order may be used as a license for 30 days from the date of the judge’s signature while DPS processes the occupational license.
Requirements for the occupational license include:
- The certified copy of the petition and a certified copy of the court order granting the occupational license.
- An original SR-22 certificate of insurance. This is the only proof of insurance accepted by the DPS and court.
- An occupational license fee for a one-year license or less ($10).
- A statutory reinstatement fee for the Safety Responsibility suspension, if required.
- A statutory reinstatement fee for the Driver Improvement suspension, if required.
- A statutory reinstatement fee for the Administrative License Revocation (ALR), if required.
According to TX Transportation Code section 521.248 an occupational license must specify: (1) the hours of the day and days of the week during which the person may operate a motor vehicle; (2) the reasons for which the person may operate a motor vehicle; and (3) areas or routes of travel permitted.
Section b of this part of Texas law states that the person may not operate a motor vehicle for more than four hours in any 24-hour period, except that on a showing of necessity the court may allow the person to drive for any period determined by the court that does not exceed 12 hours in any 24-hour period.
And section c notes that an order granting an occupational license remains valid until the end of the period of suspension of the person's regular driver's license.]
So your son can apply with the court who suspended his license or the district court in the jurisdiction in which he resides to see if they will grant him an occupational license.
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