N.Y. VAT. LAW § 510 : NY Code - Section 510: Suspension, revocation and reissuance of licenses and registrations
Search N.Y. VAT. LAW § 510 : NY Code - Section 510: Suspension, revocation and reissuance of licenses and registrations
1. Who may suspend or revoke. Any magistrate, justice or
judge, in a city, in a town, or in a village, any supreme court justice,
any county judge, any judge of a district court, the superintendent of
state police and the commissioner of motor vehicles or any person
deputized by him, shall have power to revoke or suspend the license to
drive a motor vehicle or motorcycle of any person, or in the case of an
owner, the registration, as provided herein.
A learner's permit, or a license which has expired but is renewable,
shall be deemed a license within the meaning of this section.
2. Mandatory revocations and suspensions. a. Mandatory revocations.
Such licenses shall be revoked and such registrations may also be
revoked where the holder is convicted:
(i) of homicide or assault arising out of the operation of a motor
vehicle or motorcycle or criminal negligence in the operation of a motor
vehicle or motorcycle resulting in death, whether the conviction was had
in this state or elsewhere;
(ii) pursuant to section twenty-three hundred eighty-five of title
eighteen of the United States code, of the crime of advocating the
overthrow of government, whether the conviction was had in this state or
elsewhere;
(iii) of any violation of subdivision two of section six hundred or
section three hundred ninety-two or of a local law or ordinance making
it unlawful to leave the scene of an accident without reporting;
(iv) of a third or subsequent violation, committed within a period of
eighteen months, of any provision of section eleven hundred eighty of
this chapter, any ordinance or regulation limiting the speed of motor
vehicles and motorcycles or any provision constituted a misdemeanor by
this chapter, not included in subparagraphs (i) or (iii) of this
paragraph, except violations of subdivision one of section three hundred
seventy-five of this chapter or of subdivision one of section four
hundred one of this chapter and similar violations under any local law,
ordinance or regulation committed by an employed driver if the offense
occurred while operating, in the course of his employment, a vehicle not
owned by said driver, whether such three or more violations were
repetitions of the same offense or were different offenses;
(v) of a violation for the conviction of which any such license is
subject to revocation under subdivision two of section five hundred
ten-b;
(vi) of a violation of any provision of section eleven hundred
eighty-two of this chapter;
(vii) of a second violation of any provision of section eleven hundred
eighty-two committed within a period of three years of a previous
violation of the aforesaid section shall result in a license revocation
of one year;
(viii) of a third violation, committed within a period of three years,
of any provision of subdivision a of section eleven hundred seventy-four
of this chapter;
(ix) of a violation of section twelve hundred twenty-four of this
chapter, other than a violation adjudicated by the environmental control
board of a city having a population of one million or more pursuant to
subdivision seven of such section, and fails to pay the fine imposed
thereon pursuant to subdivision seven of such section;
(x) of a traffic infraction for a subsequent violation of article
twenty-six of this chapter and the commission of such violation caused
serious physical injury to another person and such subsequent violation
occurred within eighteen months of a prior violation of any provision of
article twenty-six of this chapter where the commission of such prior
violation caused the serious physical injury or death of another person;
or
(xi) of a traffic infraction for a subsequent violation of article
twenty-six of this chapter and the commission of such violation caused
the death of another person and such subsequent violation occurred
within eighteen months of a prior violation of any provision of article
twenty-six of this chapter where the commission of such prior violation
caused the serious physical injury or death of another person.
b. Mandatory suspensions. Such licenses shall be suspended, and such
registrations may also be suspended:
(i) for a period of sixty days where the holder is convicted of a
violation for the conviction of which such license is subject to
suspension pursuant to subdivision one of section five hundred ten-b;
(ii) when the holder forfeits bail given upon being charged with any
of the offenses mentioned in this subdivision, until the holder submits
to the jurisdiction of the court in which he forfeited bail; and
(iii) such registrations shall be suspended when necessary to comply
with subdivision nine of section one hundred forty or subdivision four
of section one hundred forty-five of the transportation law. The
commissioner shall have the authority to deny a registration or renewal
application to any other person for the same vehicle and may deny a
registration or renewal application for any other motor vehicle
registered in the name of the applicant where it has been determined
that such registrant's intent has been to evade the purposes of this
subdivision and where the commissioner has reasonable grounds to believe
that such registration or renewal will have the effect of defeating the
purposes of this subdivision.
(iv) For a period of not less than thirty nor greater than one hundred
eighty days where the holder is convicted of the crime of assault in the
first, second or third degree as defined in article one hundred twenty
of the penal law, where such offense was committed against a traffic
enforcement agent employed by the city of New York or the city of
Buffalo while such agent was enforcing or attempting to enforce the
traffic regulations of such city.
* (v) For a period of six months where the holder is convicted of, or
receives a youthful offender or other juvenile adjudication in
connection with, any misdemeanor or felony defined in article two
hundred twenty or two hundred twenty-one of the penal law, any violation
of the federal controlled substances act, any crime in violation of
subdivision four of section eleven hundred ninety-two of this chapter or
any out-of-state or federal misdemeanor or felony drug-related offense;
provided, however, that any time actually served in custody pursuant to
a sentence or disposition imposed as a result of such conviction or
youthful offender or other juvenile adjudication shall be credited
against the period of such suspension and, provided further, that the
court shall determine that such suspension need not be imposed where
there are compelling circumstances warranting an exception.
* NB Repealed October 1, 2011
* (vi) Pursuant to subparagraph (v) of this paragraph, the magistrate,
justice or judge shall order such suspension or render its findings that
are compelling circumstances warranting an exception at the time of
sentencing. At that time, the judge, justice or magistrate may also
issue an order making said license suspension take effect twenty days
after the date of sentencing and, if this is done, the license holder
shall be given a copy of the order permitting the continuation of
driving privileges.
* NB Repealed October 1, 2011
* (vii) In no event shall the commissioner suspend a driver's license
pursuant to subparagraph (v) of this paragraph absent a copy of an order
by the magistrate, justice or judge as provided in subparagraph (vi) of
this paragraph.
* NB Repealed October 1, 2011
(viii) for a period of sixty days where the holder is convicted of a
violation of section twelve hundred twenty-b of this chapter within a
period of eighteen months of a previous violation of such section.
(ix) For a period of three months where the holder is sentenced to a
license suspension pursuant to paragraph (a) of subdivision five of
section sixty-five-b of the alcoholic beverage control law, provided
however, that, in accordance with such subdivision five, such
suspension shall be only a license suspension.
(x) For a period of six months where the holder is sentenced to a
license suspension pursuant to paragraph (b) of subdivision five of
section sixty-five-b of the alcoholic beverage control law, provided
however, that, in accordance with such subdivision five, such
suspension shall be only a license suspension.
(xi) For a period of one year or until the holder reaches the age of
twenty-one, whichever is the greater period of time, where the holder is
sentenced to a license suspension pursuant to paragraph (c) of
subdivision five of section sixty-five-b of the alcoholic beverage
control law, provided however, that, in accordance with such subdivision
five, such suspension shall be only a license suspension.
(xii) for a period of one year where the holder is convicted of, or
receives a youthful offender or juvenile delinquency adjudication in
connection with a violation of section 240.62 or subdivision five of
section 240.60 of the penal law.
(xiii) for a period of sixty days where the holder is convicted of two
or more violations of paragraph two of subdivision (d) or subdivision
(f) of section eleven hundred eighty of this chapter.
(xiv) for a period of forty-five days where the holder is convicted of
a traffic infraction for a first violation of article twenty-six of this
chapter and the commission of such violation caused serious physical
injury to another person.
(xv) for a period of seventy-five days where the holder is convicted
of a traffic infraction for a first violation of article twenty-six of
this chapter and the commission of such violation caused the death of
another person.
c. Application of mandatory revocations and suspensions to
non-residents and to unlicensed persons. Whenever a non-resident or a
person who is unlicensed is convicted of any violation or receives a
youthful offender or juvenile delinquency adjudication in conjunction
with a violation of section 240.62 or subdivision five of section 240.60
of the penal law, which would require the revocation or suspension of a
license, pursuant to the provisions of this chapter, if the person so
convicted or adjudicated was the holder of a license issued by the
commissioner, such non-resident's privilege of operating a motor vehicle
in this state or such unlicensed person's privilege of obtaining a
license issued by the commissioner shall be revoked or suspended, and
such non-resident's privilege of operation within this state of any
motor vehicle owned by such person or such unlicensed person's privilege
of obtaining a registration issued by the commissioner may be suspended
as if such non-resident or unlicensed person was the holder of a license
issued by the commissioner. The provisions of subdivisions six and seven
of this section shall be applicable to any such suspension or
revocation.
d. Mandatory suspensions; vehicles over eighteen thousand pounds. A
license or privilege shall be suspended by the commissioner for a period
of sixty days, where the holder is convicted of a violation of
subdivision (g) of section eleven hundred eighty of this chapter, and
(i) the recorded or entered speed upon which the conviction was based
exceeded the applicable speed limit by more than twenty miles per hour
or (ii) the recorded or entered speed upon which the conviction was
based exceeded the applicable speed limit by more than ten miles per
hour and the vehicle was either (A) in violation of any rules or
regulations involving an out-of-service defect relating to brake
systems, steering components and/or coupling devices, or (B)
transporting flammable gas, radioactive materials or explosives.
Whenever a license is suspended pursuant to this paragraph, the
commissioner shall immediately issue a restricted license provided the
holder of such license is otherwise eligible to receive such restricted
license, except that no such restricted license shall be valid for the
operation of a vehicle with a GVWR of more than eighteen thousand pounds
and further provided that issuing a license to such person does not
create a substantial traffic safety hazard.
2-a. Mandatory suspension and revocation of a license and registration
in certain cases. (a) Within seven days after conviction for a violation
of any local law which prohibits the knowing operation or offering to
operate or permitting the operation for hire of any vehicle as a
taxicab, livery, as defined in section one hundred twenty-one-e of this
chapter, coach, limousine, van or wheelchair accessible van or tow truck
within the state without first having obtained an appropriate license
therefor from the appropriate licensing authority and appropriate
for-hire insurance from the appropriate insurance agency, the taxi and
limousine commission or other local body having jurisdiction over such
offenses with respect to such vehicles shall provide notice of such
conviction to the commissioner in a manner agreed upon between any such
local body and the commissioner. Upon receipt of such notice, the
commissioner shall suspend the license of such operator and the
registration of such vehicle for a period of sixty days.
(b) Within seven days after conviction for a violation of any local
law which prohibits the knowing operation or offering to operate or
permitting the operation for hire of any vehicle as a taxicab, livery,
as defined in section one hundred twenty-one-e of this chapter, coach,
limousine, van or wheelchair accessible van or tow truck within the
state without first having obtained an appropriate license therefor from
the appropriate licensing authority and appropriate for-hire insurance
from the appropriate insurance agency where the operator has, within the
previous five years, been convicted of any such violation, the taxi and
limousine commission or other local body having jurisdiction over such
offenses with respect to such vehicles shall provide notice to the
commissioner in a manner agreed upon between any such local body and the
commissioner. Upon receipt of such notice, the commissioner shall revoke
the license of such operator.
(c) Within seven days after conviction for a violation of any local
law which prohibits the knowing operation or offering to operate or
permitting the operation for hire of any vehicle as a taxicab, livery,
as defined in section one hundred twenty-one-e of this chapter, coach,
limousine, van or wheelchair accessible van or tow truck within the
state without first having obtained an appropriate license therefor from
the appropriate licensing authority and appropriate for-hire insurance
from the appropriate insurance agency where the registrant has, within
the previous five years, been convicted of any such violation, the taxi
and limousine commission or other local body having jurisdiction over
such offenses with respect to such vehicles shall provide notice to the
commissioner in a manner agreed upon between any such local body and the
commissioner. Upon receipt of such notice, the commissioner shall revoke
the registration of such vehicle, and no new registration shall be
issued for at least six months, nor thereafter, except in the discretion
of the commissioner.
(d) The provisions of this subdivision shall not apply to any taxicab
or livery as defined in section one hundred twenty-one-e of this
chapter, coach, limousine, van or wheelchair accessible van or tow truck
licensed or permitted for such operation by the appropriate local body
of any other municipality, the department of transportation, the
metropolitan transportation authority or the interstate commerce
commission.
3. Permissive suspensions and revocations. Such licenses and
registrations and the privilege of a non-resident of operating a motor
vehicle in this state and of operation within this state of any motor
vehicle owned by him and the privilege of an unlicensed person of
obtaining a license issued by the commissioner and of obtaining a
registration issued by the commissioner may be suspended or revoked:
a. for any violation of the provisions of this chapter, except section
eleven hundred ninety-two, or for any violation of a local ordinance or
regulation prohibiting dangerous driving as shall, in the discretion of
the officer acting hereunder, justify such revocation or suspension;
b. because of some physical or mental disability of the holder, the
court commitment of the holder to an institution under the jurisdiction
of the department of mental hygiene or the disability of the holder by
reason of intoxication or the use of drugs;
c. because of the conviction of the holder at any time of a felony;
d. for habitual or persistent violation of any of the provisions of
this chapter, or of any lawful ordinance, rule or regulation made by
local authorities in relation to traffic;
e. for gross negligence in the operation of a motor vehicle or
motorcycle or operating a motor vehicle or motorcycle in a manner
showing a reckless disregard for life or property of others;
f. for knowingly permitting or suffering any motor vehicle or
motorcycle under the direction or control of the holder to be used in
aid or furtherance of the commission of any crime;
g. for preventing lawful identification of any motor vehicle or
motorcycle under the holder's direction or control, or evading lawful
arrest or prosecution while operating such motor vehicle or motorcycle;
h. for wilfully evading lawful prosecution in this state or in another
state or jurisdiction for an offense committed therein against the motor
vehicle or traffic laws thereof;
i. for habitual or persistent violation of any provisions of this
chapter, and/or any lawful ordinance, rule or regulation made by local
authorities in relation to traffic, and/or violations committed in a
commercial motor vehicle of any law, statute, ordinance, rule or
regulation in relation to traffic made by any other state, District of
Columbia, Canadian province or local authority of such state, district
or province;
j. except as provided in subdivision one herein or section eleven
hundred ninety-three of this chapter upon the conviction of a person
under eighteen years of age of any crime or in the case of an
adjudication of youthful offender under nineteen years of age, such
license or registration may be suspended or revoked for a maximum period
of one year by the judge or justice sentencing him;
k. for a period of up to ninety days because of the conviction of the
holder of the offenses of menacing as defined in section 120.15 of the
penal law, where such offense was committed against a traffic
enforcement agent employed by the city of New York or the city of
Buffalo while such agent was enforcing or attempting to enforce the
traffic regulations of such city.
3-a. Opportunity to be heard and temporary suspensions. Where
revocation or suspension is permissive, the holder, unless he shall
waive such right, shall have an opportunity to be heard except where
such revocation or suspension is based solely on a court conviction or
convictions or on a court commitment to an institution under the
jurisdiction of the department of mental hygiene. A license or
registration, or the privilege of a non-resident of operating a motor
vehicle in this state or of the operation within this state of any motor
vehicle owned by him, may, however, be temporarily suspended without
notice, pending any prosecution, investigation or hearing.
4. Administrative action pursuant to interstate compact. a. Such
licenses may be suspended where pursuant to any compact or agreement
authorized by section five hundred seventeen of this chapter the holder
thereof is issued a summons for a moving traffic violation, is not
detained or required to furnish bail or collateral and fails to appear
in response to such summons. Such suspension shall remain in effect only
until such holder submits to the jurisdiction of the court in which such
summons is returnable.
b. If notification is received by the commissioner pursuant to any
compact or agreement authorized by section five hundred sixteen-b of
this article that the holder of a New York license or an unlicensed New
York resident has been convicted of an offense set forth in such compact
or agreement, such conviction, for the purpose of administrative action
which must or may be taken by the commissioner pursuant to the
provisions of this section, shall be deemed to be a conviction of an
offense committed within this state in accordance with the provisions of
such compact or agreement.
4-a. Suspension for failure to answer an appearance ticket or to pay a
fine. (a) Upon receipt of a court notification of the failure of a
person to appear within sixty days of the return date or new subsequent
adjourned date, pursuant to an appearance ticket charging said person
with a violation of any of the provisions of this chapter (except one
for parking, stopping, or standing), of any violation of the tax law or
of the transportation law regulating traffic or of any lawful ordinance
or regulation made by a local or public authority, relating to traffic
(except one for parking, stopping, or standing) or the failure to pay a
fine imposed by a court the commissioner or his or her agent may suspend
the driver's license or privileges of such person pending receipt of
notice from the court that such person has appeared in response to such
appearance ticket or has paid such fine. Such suspension shall take
effect no less than thirty days from the day upon which notice thereof
is sent by the commissioner to the person whose driver's license or
privileges are to be suspended. Any suspension issued pursuant to this
paragraph shall be subject to the provisions of paragraph (j-l) of
subdivision two of section five hundred three of this chapter.
(b) The provisions of paragraph (a) of this subdivision shall not
apply to a registrant who was not operating a vehicle, but who was
issued a summons or an appearance ticket for a violation of section
three hundred eighty-five, section four hundred one or section five
hundred eleven-a of this chapter. Upon the receipt of a court
notification of the failure of such person to appear within sixty days
of the return date or a new subsequent adjourned date, pursuant to an
appearance ticket charging said person with such violation, or the
failure of such person to pay a fine imposed by a court, the
commissioner or his or her agent may suspend the registration of the
vehicle or vehicles involved in such violation or privilege of operation
of any motor vehicle owned by the registrant pending receipt of notice
from the court that such person has appeared in response to such
appearance ticket or has paid such fine. Such suspension shall take
effect no less than thirty days from the day upon which notice thereof
is sent by the commissioner to the person whose registration or
privilege is to be suspended. Any suspension issued pursuant to this
paragraph shall be subject to the provisions of paragraph (j-1) of
subdivision two of section five hundred three of this chapter.
(c) Upon receipt of notification from a traffic and parking violations
agency of the failure of a person to appear within sixty days of the
return date or new subsequent adjourned date, pursuant to an appearance
ticket charging said person with a violation of:
(i) any of the provisions of this chapter except one for parking,
stopping or standing and except those violations described in paragraphs
(a), (b), (d), (e) and (f) of subdivision two of section three hundred
seventy-one of the general municipal law;
(ii) section five hundred two or subdivision (a) of section eighteen
hundred fifteen of the tax law;
(iii) section fourteen-f (except paragraph (b) of subdivision four of
section fourteen-f), two hundred eleven or two hundred twelve of the
transportation law; or
(iv) any lawful ordinance or regulation made by a local or public
authority relating to traffic (except one for parking, stopping or
standing) or the failure to pay a fine imposed for such a violation by a
traffic and parking violations agency, the commissioner or his or her
agent may suspend the driver's license or privileges of such person
pending receipt of notice from the agency that such person has appeared
in response to such appearance ticket or has paid such fine. Such
suspension shall take effect no less than thirty days from the day upon
which notice thereof is sent by the commissioner to the person whose
driver's license or privileges are to be suspended. Any suspension
issued pursuant to this paragraph shall be subject to the provisions of
paragraph (j-1) of subdivision two of section five hundred three of this
chapter.
4-b. Suspension of registration for failure to answer or to pay fines
with respect to certain violations. Upon receipt of certification from a
court or administrative tribunal of appropriate jurisdiction that the
owner of a motor vehicle or his representative failed to appear on the
return date or dates or any subsequent adjourned date or dates or failed
to comply with the rules and regulations of an administrative tribunal
following entry of a final decision or decisions in response to
twenty-five or more summonses or other process, issued within an
eighteen month period charging that such motor vehicle is parked,
stopped or standing in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation made by a local
authority, the commissioner shall suspend the registration of such motor
vehicle. Such suspension shall take effect no less than thirty days from
the date on which notice thereof is sent by the commissioner to the
person whose registration is to be suspended and shall remain in effect
as long as the summmons or summonses remain unanswered, or in the case
of an administrative tribunal, the registrant fails to comply with the
rules and regulations following the entry of a final decision or
decisions.
* 4-c. Suspension of registration for failure to answer or to pay
fines with respect to parking, stopping and standing violations. Upon
receipt of certification from a court or administrative tribunal of
appropriate jurisdiction in a city with a population in excess of one
hundred thousand persons according to the nineteen hundred eighty United
States census that the owner of a motor vehicle or his representative
following compliance by such city with the notice provisions of
subdivision two of section two hundred thirty-five of this chapter,
failed to appear on the return date or dates or any subsequent adjourned
date or dates or failed to comply with the rules and regulations of an
administrative tribunal following entry of a final decision or
decisions, in response to five or more summonses or other process,
issued within a twelve month period charging that such motor vehicle is
parked, stopped or standing in violation of any of the provisions of
this chapter or of any law, ordinance, rule or regulation made by a
local authority, the commissioner shall suspend the registration of such
motor vehicle. Such suspension shall take effect no less than thirty
days from the date on which notice thereof is sent by the commissioner
to the person whose registration is to be suspended and shall remain in
effect as long as the summons or summonses remain unanswered, or in the
case of an administrative tribunal, the registrant fails to comply with
the rules and regulations following the entry of a final decision or
decisions.
* NB Repealed September 1, 2011
4-d. Suspension of registration for failure to answer or pay penalties
with respect to certain violations. Upon the receipt of a notification
from a court or an administrative tribunal that an owner of a motor
vehicle failed to appear on the return date or dates or a new subsequent
adjourned date or dates or failed to pay any penalty imposed by a court
or failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision or decisions, in response
to five or more notices of liability or other process, issued within an
eighteen month period charging such owner with a violation of toll
collection regulations in accordance with the provisions of section two
thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty, the commissioner or
his agent shall suspend the registration of the vehicle or vehicles
involved in the violation or the privilege of operation of any motor
vehicle owned by the registrant. Such suspension shall take effect no
less than thirty days from the date on which notice thereof is sent by
the commissioner to the person whose registration or privilege is
suspended and shall remain in effect until such registrant has appeared
in response to such notices of liability or has paid such penalty or in
the case of an administrative tribunal, the registrant has complied with
the rules and regulations following the entry of a final decision or
decisions.
* 4-e. Suspension and disqualification for failure to make child
support payments or failure to comply with a summons, subpoena or
warrant relating to a paternity or child support proceeding. (1) The
commissioner, on behalf of the department, shall enter into a written
agreement with the commissioner of the office of temporary and
disability assistance, on behalf of the office of temporary and
disability assistance, which shall set forth the procedures for
suspending the driving privileges of individuals who have failed to make
payments of child support or combined child and spousal support.
(2) Such agreement shall include:
(i) the procedure under which the office of temporary and disability
assistance shall notify the department of an individual's liability for
support arrears;
(ii) the procedure under which the department shall be notified by the
office of temporary and disability assistance that an individual has
satisfied or commenced payment of his or her support arrears; or has
made satisfactory payment arrangements thereon and shall have the
suspension of his or her driving privileges terminated;
(iii) the procedure for reimbursement of the department and its agents
by the office of temporary and disability assistance for the full
additional costs of carrying out the procedures authorized by this
section, and may include, subject to the approval of the director of the
budget, a procedure for reimbursement of necessary additional costs of
collecting social security numbers pursuant to section five hundred two
of this title;
(iv) provision for the publicizing of sanctions for nonpayment of
child support including the potential for the suspension of delinquent
support obligors' driving privileges if they fail to pay child support
or combined child and spousal support; and
(v) such other matters as the parties to such agreement shall deem
necessary to carry out provisions of this section.
(3) Upon receipt of notification from the office of temporary and
disability assistance of a person's failure to satisfy support arrears
or to make satisfactory payment arrangements thereon pursuant to
paragraph (e) of subdivision twelve of section one hundred eleven-b of
the social services law or notification from a court issuing an order
pursuant to section four hundred fifty-eight-a of the family court act
or section two hundred forty-four-b of the domestic relations law, the
commissioner or his or her agent shall suspend the license of such
person to operate a motor vehicle. In the event such person is
unlicensed, such person's privilege of obtaining a license shall be
suspended. Such suspension shall take effect no later than fifteen days
from the date of the notice thereof to the person whose license or
privilege of obtaining a license is to be suspended, and shall remain in
effect until such time as the commissioner is advised that the person
has satisfied the support arrears or has made satisfactory payment
arrangements thereon pursuant to paragraph (e) of subdivision twelve of
section one hundred eleven-b of the social services law or until such
time as the court issues an order to terminate such suspension;
(4) From the time the commissioner is notified by the office of
temporary and disability assistance of a person's liability for support
arrears under this section, the commissioner shall be relieved from all
liability to such person which may otherwise arise under this section,
and such person shall have no right to commence a court action or
proceeding or to any other legal recourse against the commissioner to
recover such driving privileges as authorized by this section. In
addition, notwithstanding any other provision of law, such person shall
have no right to a hearing or appeal pursuant to this chapter with
respect to a suspension of driving privileges as authorized by this
section. However, nothing herein shall be construed to prohibit such
person from proceeding against the support collection unit pursuant to
article seventy-eight of the civil practice law and rules.
(5) Any person whose license has been suspended pursuant to
subdivision three of this section may apply for the issuance of a
restricted use license as provided in section five hundred thirty of
this title.
* NB Repealed June 30, 2011
5. Restoration. A license or registration may be restored by direction
of the commissioner but not otherwise. Reversal on appeal, of any
conviction because of which any license or registration has been revoked
or suspended, shall entitle the holder to restoration thereof forthwith.
The privileges of a non-resident may be restored by direction of the
commissioner in his discretion but not otherwise.
6. Restrictions. a. Where revocation is mandatory hereunder, no new
license shall be issued for at least six months or, in certain cases a
longer period as specified in this chapter, nor thereafter, except in
the discretion of the commissioner of motor vehicles.
b. Except as otherwise provided in paragraph c of this subdivision,
where revocation is mandatory pursuant to subparagraph (iii) of
paragraph a of subdivision two of this section, no new commercial
driver's license shall be issued for at least one year nor thereafter
except in the discretion of the commissioner, except that if such person
has previously been found to have refused a chemical test pursuant to
section eleven hundred ninety-four of this chapter or has a prior
conviction of any of the following offenses: any violation of section
eleven hundred ninety-two of this chapter; any violation of subdivision
one or two of section six hundred of this chapter; or has a prior
conviction of any felony involving the use of a motor vehicle pursuant
to paragraph (a) of subdivision one of section five hundred ten-a of
this article, then such commercial driver's license revocation shall be
permanent.
c. Where revocation is mandatory pursuant to subdivision one of
section five hundred ten-a of this chapter or subparagraph (iii) of
paragraph a of subdivision two of this section and the violation of
subdivision two of section six hundred of this chapter was committed
while operating a commercial motor vehicle transporting hazardous
materials, no new commercial driver's license shall be issued for at
least three years nor thereafter except in the discretion of the
commissioner, except that if such person has previously been found to
have refused a chemical test pursuant to section eleven hundred
ninety-four of this chapter or has a prior conviction of any of the
following offenses: any violation of section eleven hundred ninety-two
of this chapter; any violation of subdivision one or two of section six
hundred of this chapter; or has a prior conviction of any felony
involving the use of a motor vehicle pursuant to paragraph (a) of
subdivision one of section five hundred ten-a of this article, then such
commercial driver's license revocation shall be permanent.
d. The permanent commercial driver's license revocation required by
paragraphs b and c of this subdivision may be waived by the commissioner
after a period of ten years has expired from such sentence provided:
(i) that during such ten year period such person has not been found to
have refused a chemical test pursuant to section eleven hundred
ninety-four of this chapter and has not been convicted of any one of the
following offenses: any violation of section eleven hundred ninety-two
of this chapter; any violation of subdivision one or two of section six
hundred of this chapter; or has a prior conviction of any felony
involving the use of a motor vehicle pursuant to paragraph (a) of
subdivision one of section five hundred ten-a of this article;
(ii) if any of the grounds upon which the permanent commercial
driver's license revocation is based involved a finding of refusal to
submit to a chemical test pursuant to section eleven hundred ninety-four
of this chapter or a conviction of a violation of any subdivision of
section eleven hundred ninety-two of this chapter, that such person
provides acceptable documentation to the commissioner that such person
has voluntarily enrolled in and successfully completed an appropriate
rehabilitation program; and
(iii) after such documentation, if required, is accepted, that such
person is granted a certificate of relief from disabilities as provided
for in section seven hundred one of the correction law by the court in
which such person was last penalized.
e. Upon a third finding of refusal and/or conviction of any of the
offenses which require a permanent commercial driver's license
revocation, such permanent revocation may not be waived by the
commissioner under any circumstances.
f. Where revocation is mandatory hereunder, based upon a conviction
had outside this state, no new license shall be issued until after sixty
days from the date of such revocation, nor thereafter, except in the
discretion of the commissioner.
g. Except as provided in paragraph k of this subdivision, where
revocation is permissive, no new license or certificate shall be issued
by such commissioner to any person until after thirty days from the date
of such revocation, nor thereafter, except in the discretion of the
commissioner after an investigation or upon a hearing, provided,
however, that where the revocation is based upon a failure in a
reexamination pursuant to section five hundred six of this chapter, a
learner's permit may be issued immediately and provided further, that
where revocation is based upon a conviction of a felony, other than a
felony relating to the operation of a motor vehicle or motorcycle, a
license shall be issued immediately, if the applicant is otherwise
qualified and if the application for such license is accompanied by
consent in writing issued by the parole or probation authority having
jurisdiction over such applicant.
h. The provisions of this subdivision shall not apply to revocations
issued pursuant to sections eleven hundred ninety-three and eleven
hundred ninety-four of this chapter.
* i. Where suspension of a driver's license is mandatory hereunder
based upon a conviction of, or youthful offender or other juvenile
adjudication in connection with, any misdemeanor or felony as defined in
article two hundred twenty or two hundred twenty-one of the penal law,
any violation of the federal controlled substances act, any crime in
violation of subdivision four of section eleven hundred ninety-two of
this chapter or any out-of-state or federal misdemeanor or felony
drug-related offense, the commissioner may issue a restricted use
license pursuant to section five hundred thirty of this chapter.
* NB Repealed October 1, 2011
* j. Where suspension of a driver's license is mandatory hereunder
based upon a conviction of, or youthful offender or other juvenile
adjudication in connection with, any misdemeanor or felony as defined in
article two hundred twenty or two hundred twenty-one of the penal law,
any violation of the federal controlled substances act, any crime in
violation of subdivision four of section eleven hundred ninety-two of
this chapter or any out-of-state or federal misdemeanor or felony
drug-related offense and the individual does not have a driver's license
or the individual's driver's license was suspended at the time of
conviction or youthful offender or other juvenile adjudication, the
commissioner shall not issue a new license nor restore the former
license for a period of six months after such individual would otherwise
have become eligible to obtain a new license or to have the former
license restored; provided, however, that during such delay period the
commissioner may issue a restricted use license pursuant to section five
hundred thirty of this chapter to such previously suspended licensee.
* NB Repealed October 1, 2011
k. Where revocation is permissive hereunder, based upon a finding of a
violation of section three hundred ninety-two or section three hundred
ninety-two-a of this chapter, no new license or certificate shall be
issued until after one year from the date of such revocation, nor
thereafter, except in the discretion of the commissioner.
l. Where revocation is mandatory pursuant to subparagraph (x) of
paragraph a of subdivision two of this section, no new license shall be
issued for at least seventy-five days, nor thereafter except in the
discretion of the commissioner.
m. Where revocation is mandatory pursuant to subparagraph (xi) of
paragraph a of subdivision two of this section, no new license shall be
issued for at least one hundred twenty days, nor thereafter except in
the discretion of the commissioner.
7. Miscellaneous provisions. Except as expressly provided, a court
conviction shall not be necessary to sustain a revocation or suspension.
Revocation or suspension hereunder shall be deemed an administrative act
reviewable by the supreme court as such. Notice of revocation or
suspension, as well as any required notice of hearing, where the holder
is not present, may be given by mailing the same in writing to him at
the address contained in his license or certificate of registration, as
the case may be. Proof of such mailing by certified mail to the holder
shall be presumptive evidence of the holder's receipt and actual
knowledge of such notice. Attendance of witnesses may be compelled by
subpoena. Failure of the holder or any other person possessing the
license card or number plates, to deliver the same to the suspending or
revoking officer is a misdemeanor. Suspending or revoking officers shall
place such license cards and number plates in the custody of the
commissioner except where the commissioner shall otherwise direct. If
any person shall fail to deliver a license card or number plates as
provided herein, any police officer, bridge and tunnel officer of the
Triborough bridge and tunnel authority, or agent of the commissioner
having knowledge of such facts shall have the power to secure possession
thereof and return the same to the commissioner, and the commissioner
may forthwith direct any police officer, bridge and tunnel officer of
the Triborough bridge and tunnel authority, acting pursuant to his
special duties, or agent of the commissioner to secure possession
thereof and to return the same to the commissioner. Failure of the
holder or of any person possessing the license card or number plates to
deliver to any police officer, bridge and tunnel officer of the
Triborough bridge and tunnel authority, or agent of the commissioner who
requests the same pursuant to this subdivision shall be a misdemeanor.
Notice of revocation or suspension of any license or registration shall
be transmitted forthwith by the commissioner of motor vehicles to the
chief of police of the city or prosecuting officer of the locality in
which the person whose license or registration so revoked or suspended
resides. In case any license or registration shall expire before the end
of any period for which it has been revoked or suspended, and before it
shall have been restored as provided in this chapter, then and in that
event any renewal thereof may be withheld until the end of such period
of suspension or until restoration, as the case may be.
The revocation of a learner's permit shall automatically cancel the
application for a license of the holder of such permit.
No suspension or revocation of a license or registration shall be made
because of a judgment of conviction if the suspending or revoking
officer is satisfied that the magistrate who pronounced the judgment
failed to comply with subdivision one of section eighteen hundred seven
of this chapter. In case a suspension or revocation has been made and
the commissioner is satisfied that there was such failure, he shall
restore the license or registration or both as the case may be.
8. Cancellation. Upon receipt of a license which has been surrendered
to the licensing authority of any other jurisdiction as a prerequisite
to the issuance of a license by such other jurisdiction in accordance
with the provisions of the Driver License Compact or any other laws of
such jurisdiction, the commissioner shall cancel such license. Provided,
however, that such license shall not be cancelled if the licensee is a
resident of this state.
9. Railroad vehicle violations. Upon certification by the commissioner
of transportation that there has been a violation of section
seventy-six-b of the railroad law, the commissioner of motor vehicles
may rescind, cancel or suspend the registration of any motor vehicle
described in subdivision one of section seventy-six-b of the railroad
law and may rescind, cancel, suspend or take possession of the current
registration certificate and number plates of any such motor vehicle.
10. Where a youth is determined to be a youthful offender, following a
conviction of a violation for which a license suspension or revocation
is mandatory or where a youth receives a juvenile delinquency
adjudication in conjunction with a violation of section 240.62 or
subdivision five of section 240.60 of the penal law, the court shall
impose such suspension or revocation as is otherwise required upon
conviction and, further, shall notify the commissioner of said
suspension or revocation and its finding that said violator is granted
youthful offender status as is required pursuant to section five hundred
thirteen of this chapter or received a juvenile delinquency
adjudication.
* 11. Notwithstanding any contrary provision of law, the division of
criminal justice services is authorized to share with the commissioner
such criminal history information in its possession as may be necessary
to effect the provisions of this chapter.
* NB Repealed October 1, 2011
Up
SUSPENSION AND REVOCATION
Next »
Suspension and revocation of commercial driver's licenses