N.Y. VAT. LAW § 510-a : NY Code - Section 510-A: Suspension and revocation of commercial driver's licenses
Search N.Y. VAT. LAW § 510-a : NY Code - Section 510-A: Suspension and revocation of commercial driver's licenses
1.
Revocation. A commercial driver's license shall be revoked by the
commissioner whenever the holder is convicted within or outside of this
state (a) of a felony involving the use of a motor vehicle except a
felony as described in paragraph (b) of this subdivision; (b) of a
felony involving manufacturing, distributing or dispensing a drug as
defined in section one hundred fourteen-a of this chapter or possession
of any such drug with intent to manufacture, distribute or dispense such
drug in which a motor vehicle was used; (c) of a violation of
subdivision one or two of section six hundred of this chapter; (d) of
operating a commercial motor vehicle when, as a result of prior
violations committed while operating a commercial motor vehicle, the
driver's commercial driver's license is revoked, suspended, or canceled,
or the driver is disqualified from operating a commercial motor vehicle;
(e) or has been convicted of causing a fatality through the negligent
operation of a commercial motor vehicle, including but not limited to
the crimes of vehicular manslaughter or criminally negligent homicide.
2. Duration of revocation. (a) Except as otherwise provided in
paragraph (b) of this subdivision, where revocation of a commercial
driver's license is mandatory pursuant to paragraph (a), (c), (d) or (e)
of subdivision one 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 any felony
involving the use of a motor vehicle pursuant to paragraph (a) of
subdivision one of this section, or has been convicted of operating a
commercial motor vehicle when, as a result of prior violations committed
while operating a commercial motor vehicle, the driver's commercial
driver's license is revoked, suspended, or canceled, or the driver is
disqualified from operating a commercial motor vehicle, or has been
convicted of causing a fatality through the negligent operation of a
commercial motor vehicle, including but not limited to the crimes of
vehicular manslaughter or criminally negligent homicide, then such
commercial driver's license revocation shall be permanent.
(b) Where revocation is mandatory pursuant to paragraph (a), (c), (d)
or (e) of subdivision one of this section and the commercial motor
vehicle was 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 any felony
involving the use of a motor vehicle pursuant to paragraph (a) of
subdivision one of this section, or been convicted of operating a
commercial motor vehicle when, as a result of prior violations committed
while operating a commercial motor vehicle the driver's commercial
driver's license is revoked, suspended, or canceled, or the driver is
disqualified from operating a commercial motor vehicle, or has been
convicted of causing a fatality through the negligent operation of a
commercial motor vehicle, including but not limited to the crimes of
vehicular manslaughter or criminally negligent homicide, then such
commercial driver's license revocation shall be permanent.
(c) The permanent commercial driver's license revocation required by
paragraphs (a) and (b) 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 any felony involving the use of a motor
vehicle pursuant to paragraph (a) of subdivision one of this section, or
has been convicted of operating a commercial motor vehicle when, as a
result of prior violations committed while operating a commercial motor
vehicle, the driver's commercial driver's license is revoked, suspended,
or canceled, or the driver is disqualified from operating a commercial
motor vehicle; or has been convicted of causing a fatality through the
negligent operation of a commercial motor vehicle, including but not
limited to the crimes of vehicular manslaughter or criminally negligent
homicide;
(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 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.
(d) 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.
(e) Where revocation is mandatory pursuant to paragraph (b) of
subdivision one of this section such revocation shall be permanent and
may not be waived by the commissioner under any circumstances.
3. Suspension. (a) A commercial driver's license shall be suspended by
the commissioner for a period of sixty days where the holder is
convicted of two serious traffic violations as defined in subdivision
four of this section committed within a three year period, in separate
incidents whether such convictions occurred within or outside of this
state.
(b) A commercial driver's license shall be suspended by the
commissioner for a period of one hundred twenty days where the holder is
convicted of three serious traffic violations as defined in subdivision
four of this section committed within a three year period, in separate
incidents whether such convictions occurred within or outside of this
state. Such suspension shall take effect upon the termination of any
other suspension already in effect pursuant to paragraph (a) of this
subdivision or this paragraph.
(c) A commercial drivers license 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.
(d) A commercial driver's license shall be suspended by the
commissioner:
(i) for a period of one hundred eighty days where the holder was found
to have operated a commercial motor vehicle designed or used to
transport property as defined in subparagraphs (i) and (ii) of paragraph
(a) of subdivision four of section five hundred one-a of this title, in
violation of an out-of-service order as provided for in the rules and
regulations of the department of transportation whether such violation
was committed within this state or was the same or a similar violation
involving an out-of-service order committed outside of this state;
(ii) for a period of two years if, during any ten-year period, the
holder is found to have committed two such violations not arising from
the same incident whether such violations were committed within or
outside of the state;
(iii) for a period of three years if, during any ten-year period, the
holder is convicted of three or more such violations not arising from
the same incident whether such violations were committed within or
outside of the state;
(iv) for a period of one hundred eighty days if the holder is found to
have operated a commercial motor vehicle designed or used to transport
passengers or property as defined in subparagraphs (iii) and (v) of
paragraph (a) of subdivision four of section five hundred one-a of this
title, in violation of an out-of-service order, as provided for in the
rules and regulations of the department of transportation, while
transporting hazardous materials or passengers whether such violation
was committed within this state or was the same or a similar violation
committed outside of this state;
(v) for a period of three years if, during any ten-year period, the
holder is found to have committed two or more violations, not arising
from the same incident, of operating a commercial motor vehicle designed
or used to transport passengers or property as defined in subparagraphs
(iii) and (v) of paragraph (a) of subdivision four of section five
hundred one-a of this title, in violation of an out-of-service order, as
provided for in the rules and regulations of the department of
transportation, while transporting hazardous materials or passengers
whether such violation was committed within this state or was the same
or a similar violation involving an out-of-service order committed
outside of this state.
(e) A commercial driver's license shall be suspended by the
commissioner:
(i) for a period of sixty days where the holder is convicted of a
violation of section eleven hundred seventy-one or section eleven
hundred seventy-six of this chapter whether such violation was committed
within this state or was the same or a similar violation involving
railroad grade crossings committed outside of this state.
(ii) for a period of one hundred twenty days where the holder is
convicted of a second violation of section eleven hundred seventy-one or
section eleven hundred seventy-six of this chapter whether such
violations were committed within or outside of this state, both of which
were committed within a three year period.
(iii) for a period of one year where the holder is convicted of a
third violation of section eleven hundred seventy-one or section eleven
hundred seventy-six of this chapter whether such violations were
committed within or outside of this state, all of which were committed
within a three year period.
4. Serious traffic violations. (a) A serious traffic violation shall
mean operating a commercial motor vehicle in violation of any provision
of this chapter or the laws of any other state, the District of Columbia
or any Canadian province which (i) limits the speed of motor vehicles,
provided the violation involved fifteen or more miles per hour over the
established speed limit; (ii) is defined as reckless driving by state or
local law or regulation; (iii) prohibits improper or erratic lane
change; (iv) prohibits following too closely; (v) relates to motor
vehicle traffic (other than parking, standing or stopping) and which
arises in connection with a fatal accident; (vi) operating a commercial
motor vehicle without first obtaining a commercial driver's license as
required by section five hundred one of this title; (vii) operating a
commercial motor vehicle without a commercial driver's license in the
driver's possession; or (viii) operating a commercial motor vehicle
without the proper class of commercial driver's license and/or
endorsement for the specific vehicle being operated or for the
passengers or type of cargo being transported.
(b) Whether any specific violation which occurs without this state is
a serious violation shall be dependent upon whether the state or
province in which the violation occurs, reports such violation to the
commissioner as, or deems it to be, a serious traffic violation under
the provisions of the federal commercial motor vehicle safety act of
nineteen hundred eighty-six, public law 99-570, title XII or the motor
carrier safety improvement act of 1999, public law 106-159 and
regulations promulgated thereunder.
4-a. Dismissal. The court shall dismiss any charge of operating a
commercial motor vehicle without a commercial driver's license in the
driver's possession if, between the date the driver is charged with such
violation and the appearance date for such violation, the driver
supplies the court with proof that he or she held a valid commercial
driver's license on the date of such violation. Such driver must also
supply such proof to the law enforcement authority that issued the
citation, prior to such driver's appearance in court.
5. Limitation of effect of revocation or suspension. Any revocation or
suspension of a commercial driver's license issued pursuant to this
section shall be applicable only to that portion of the holder's
driver's license or privilege which permits the operation of commercial
motor vehicles, and the commissioner shall immediately issue a license,
other than a commercial driver's license, to such person, provided that
such person is otherwise eligible to receive such license and further
provided that issuing a license to such person does not create a
substantial traffic safety hazard.
6. Application of section to persons not holding a commercial driver's
license. Whenever a person who is not the holder of a commercial
driver's license issued by the commissioner is convicted of a violation
arising out of the operation of a commercial motor vehicle which would
require the mandatory revocation or suspension of a commercial driver's
license pursuant to this section or clause (i) or (ii) of subparagraph
five of paragraph (b) or clause b of subparagraph three of paragraph (e)
of subdivision two of section eleven hundred ninety-three, or clause c
of subparagraph one of paragraph (d) of subdivision two of section
eleven hundred ninety-four of this chapter, the privilege of such person
to operate a commercial motor vehicle and/or to obtain a commercial
driver's license issued by the commissioner will be suspended or revoked
for the same periods of time and subject to the same conditions provided
in this section, or clause (i) or (ii) of subparagraph five of paragraph
(b) or clause b of subparagraph three of paragraph (e) of subdivision
two of section eleven hundred ninety-three, or clause c of subparagraph
one of paragraph (d) of subdivision two of section eleven hundred
ninety-four of this chapter, which would be applicable to the holder of
a commercial driver's license.
7. Other revocation or suspension action not prohibited. The
provisions of this section shall not be construed to prevent any person
who has the authority to suspend or revoke a license to drive or
privilege of operating pursuant to section five hundred ten of this
chapter from exercising any such authority based upon a conviction for
which suspension or revocation of a commercial driver's license by the
commissioner is mandated.
8. Disqualifications based upon record review. (a) Where the
commissioner conducts a state record review pursuant to section 384.206
of title 49 of the code of federal regulations and he or she determines
that: (i) a person applying for a commercial driver's license was
convicted outside of this state of an offense set forth in section
383.51 of title 49 of the code of federal regulations while holding a
commercial driver's license issued by another state; and (ii) such other
state failed to impose the commercial driver's license disqualification,
suspension or revocation set forth in section 383.51 of title 49 of the
code of federal regulations for such offense, then the commissioner
shall immediately suspend such person's commercial driver's license or
privilege of operating a commercial motor vehicle. Provided, however,
that where such licenses would have been subject to revocation upon a
conviction for such conduct had it occurred in this state, the
commissioner shall revoke such license. Such suspension or revocation
shall be for the applicable period of time set forth for a conviction
for such offense in such section 383.51 as it existed on the date of the
violation.
(b) Any suspension or revocation of a commercial driver's license
issued pursuant to paragraph (a) of this subdivision shall be applicable
only to that portion of the holder's driver's license or privilege which
permits the operation of commercial motor vehicles, and the commissioner
shall immediately issue a license, other than a commercial driver's
license, to such person provided that such person is otherwise eligible
to receive such license and further provided that issuing a license to
such person does not create a substantial traffic safety hazard.
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