Law Excerpts

ARTICLE 19 and 20

LICENSING OF DRIVERS AND SUSPENSION AND REVOCATION

§ 509 Violations.

1. Except while operating a motor vehicle during the course of a road test conducted pursuant to the provisions of this article, no person shall operate or drive a motor vehicle upon a public highway of this state or upon any sidewalk or to or from any lot adjacent to a public garage, supermarket, shopping center or car washing establishment or to or from or into a public garage or car washing establishment unless he is duly licensed pursuant to the provisions of this chapter.

1-a. Whenever a license is required to operate a commercial motor vehicle, no person shall operate a commercial motor vehicle without the proper endorsements for the specific vehicle being operated or for the passengers or type of cargo being transported.

2. Whenever a license is required to operate a motor vehicle, no person shall operate a motor vehicle unless he is the holder of a class of license which is valid for the operation of such vehicle.

3. Whenever a license is required to operate a motor vehicle, no person shall operate any motor vehicle in violation of any restriction contained on his license.

4. No person shall knowingly authorize or permit a motor vehicle owned by him or in his charge to be operated in violation of subdivisions one, two or three of this section.

5. No person shall hold more than one unexpired license issued by the commissioner at any one time. The holding of a license of one class and a learner's permit for another class at the same time shall not be deemed a violation of this subdivision.

6. No licensee shall voluntarily permit any other person to use his license, nor shall any person at any time possess or use any forged, fictitious or illegally obtained license, or use any license belonging to another person.

7. No person shall operate a commercial motor vehicle without being in possession of the appropriate license for the motor vehicle being operated.

8. No licensee shall fail to notify the commissioner in writing of a change of residence as required by this article.

9. Whenever notice of disability is required to be given to the commissioner as required by this article, no person shall operate any motor vehicle until such notice has been given.

10. No person shall hold an unexpired license issued by the commissioner while holding a driver's license issued by any other jurisdiction. This prohibition shall not apply to any license which by its terms is valid only within the jurisdiction of issuance. Nor shall it apply if such person has informed the commissioner of such multiple licenses and the commissioner has determined that it is necessary for such person to hold more than one license to comply with the laws of each of the jurisdictions in which such licenses were issued. The foregoing exceptions shall not be applicable to commercial driver's licenses after December thirty-first, nineteen hundred eighty-nine.

11. A violation of any provision of this section shall be punishable by a fine of not less than seventy-five nor more than three hundred dollars, or by imprisonment for not more than fifteen days, or by both such fine and imprisonment except, if the violation consists of failure to renew a license which was valid within sixty days, the fine shall be not more than forty dollars, and except that a violation of subdivision seven or eight of this section shall be punishable by a fine of not more than seventy-five dollars.

12. A violation of subdivision two of this section involving 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 the appropriate license therefor, shall be punishable by a fine of not less than two hundred twenty-five dollars nor more than four hundred fifty dollars. A person who operates a vehicle for hire without the appropriate license therefor pursuant to subdivision two of this section after having been convicted of such a violation within the preceding five years shall be punished by a fine of not less than three hundred seventy-five dollars nor more than seven hundred fifty dollars. A person who operates a vehicle for hire without the appropriate license therefor pursuant to subdivision two of this section after having been convicted two or more times of such a violation within the preceding ten years shall be punished by a fine of not less than seven hundred fifty dollars nor more than one thousand five hundred dollars.

§ 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.

(viii) 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.

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.

(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.

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 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.

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.

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.

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.

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.

§ 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), (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), (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, during any three year period, of two serious traffic violations as defined in subdivision four of this section, 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, during any three year period, of three serious traffic violations as defined in subdivision four of this section, in separate incidents whether such convictions occurred within or outside of this state.

(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 ninety 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 one year 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 which would require the mandatory revocation or suspension of a commercial driver's license pursuant to this section, 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 which would be applicable to the holder of a commercial driver's license and in addition, the driver's license or privilege of operating a motor vehicle by such person shall be suspended or revoked for the same periods of time for which the privilege of operating a commercial motor vehicle or the privilege to obtain a commercial driver's license are suspended or revoked.

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.

§ 510-b. Suspension and revocation for violations committed during probationary periods.

1. A license, other than a class DJ or class MJ license, shall be suspended, for a period of sixty days, (i) upon the first conviction of the licensee of a violation, committed during the probationary period provided for in subdivision four of section five hundred one of this title, of any provision of section eleven hundred twenty-nine of this chapter, section eleven hundred eighty of this chapter or any ordinance or regulation limiting the speed of motor vehicles and motorcycles, section eleven hundred eighty-two of this chapter, or subdivision one of section eleven hundred ninety-two of this chapter or section twelve hundred twelve of this chapter; or (ii) upon the second conviction of the licensee of a violation, committed during the aforesaid probationary period, of any other provision of this chapter or of any other law, ordinance, order, rule or regulation relating to traffic.

2. A license, other than a class DJ or class MJ license, considered probationary pursuant to subdivision three of this section shall be revoked upon the conviction of the licensee of a violation or violations committed within six months following the restoration or issuance of such license, which conviction or convictions would result in the suspension of a probationary license pursuant to subdivision one of this section.

3. Any license, other than a class DJ or class MJ license, which is restored or issued to a person who has had his last valid license suspended or revoked pursuant to the provisions of this section shall be considered probationary until the expiration of six months following the date of restoration or issuance thereof.

4. The provisions of subdivisions one, five, six and seven of section five hundred ten of this chapter shall apply to any suspension or revocation under this section. However, the provisions of this section shall not operate to prevent a mandatory revocation or suspension for a greater period of time under subdivision two of section five hundred ten of this chapter or section eleven hundred ninety-three of this chapter; nor shall the provisions of this section prevent revocation or suspension under subdivisions two and three of section five hundred ten based upon two or more violations, including the same violation which was the basis for suspension or revocation under this section.

§ 510-c. Suspension and revocation of learner's permits and driver's licenses for violations committed by holders of class DJ or class MJ learner's permits or licenses.

1.(a) A learner's permit or a driver's license shall be suspended for a period of sixty days:

(i) upon a conviction or finding of a serious traffic violation as defined in subdivision two of this section, when such violation was committed while the holder had a class DJ or class MJ learner's permit or a class DJ or MJ license; or

(ii) upon the second conviction or finding of such permit or license holder of a violation of any other provision of this chapter or any other law, ordinance, order, rule or regulation relating to traffic, and when such violation was committed while such holder had a class DJ or class MJ learner's permit or a class DJ or MJ license.

(b) A learner's permit or a driver's license shall be revoked for a period of sixty days upon the conviction or finding of the permit or license holder of a violation or violations, committed within six months after the restoration of such permit or license suspended pursuant to paragraph (a) of this subdivision, which convictions or findings would result in the suspension of such permit or license pursuant to paragraph (a) of this subdivision.

2. For purposes of this section, the term "serious traffic violation" shall mean operating a motor vehicle in violation of any of the following provisions of this chapter: articles twenty-five and twenty-six; subdivision one of section six hundred; section six hundred one; sections eleven hundred eleven, eleven hundred seventy, eleven hundred seventy-two and eleven hundred seventy-four; subdivisions (a), (b), (c), (d) and (f) of section eleven hundred eighty, provided that the violation involved ten or more miles per hour over the established limit; section eleven hundred eighty-two; subdivision three-a of section twelve hundred twenty-nine-c for violations involving use of safety belts or seats by a child under the age of sixteen; and section twelve hundred twelve of this chapter.

§ 511. Operation while license or privilege is suspended or revoked; aggravated unlicensed operation.

1. Aggravated unlicensed operation of a motor vehicle in the third degree.

(a) A person is guilty of the offense of aggravated unlicensed operation of a motor vehicle in the third degree when such person operates a motor vehicle upon a public highway while knowing or having reason to know that such person's license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner is suspended, revoked or otherwise withdrawn by the commissioner.

(b) Aggravated unlicensed operation of a motor vehicle in the third degree is a misdemeanor. When a person is convicted of this offense, the sentence of the court must be: (i) a fine of not less than two hundred dollars nor more than five hundred dollars; or (ii) a term of imprisonment of not more than thirty days; or (iii) both such fine and imprisonment.

(c) When a person is convicted of this offense with respect to the operation of a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds, the sentence of the court must be: (i) a fine of not less than five hundred dollars nor more than fifteen hundred dollars; or (ii) a term of imprisonment of not more than thirty days; or (iii) both such fine and imprisonment.

2. Aggravated unlicensed operation of a motor vehicle in the second degree.

(a) A person is guilty of the offense of aggravated unlicensed operation of a motor vehicle in the second degree when such person commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section; and

(i) has previously been convicted of an offense that consists of or includes the elements comprising the offense committed within the immediately preceding eighteen months; or

(ii) the suspension or revocation is based upon a refusal to submit to a chemical test pursuant to section eleven hundred ninety-four of this chapter, a finding of driving after having consumed alcohol in violation of section eleven hundred ninety-two-a of this chapter or upon a conviction for a violation of any of the provisions of section eleven hundred ninety-two of this chapter; or

(iii) the suspension was a mandatory suspension pending prosecution of a charge of a violation of section eleven hundred ninety-two of this chapter ordered pursuant to paragraph (e) of subdivision two of section eleven hundred ninety-three of this chapter or other similar statute; or

(iv) such person has in effect three or more suspensions, imposed on at least three separate dates, for failure to answer, appear or pay a fine, pursuant to subdivision three of section two hundred twenty-six or subdivision four-a of section five hundred ten of this chapter.

(b) Aggravated unlicensed operation of a motor vehicle in the second degree is a misdemeanor. When a person is convicted of this crime under subparagraph (i) of paragraph (a) of this subdivision, the sentence of the court must be: (i) a fine of not less than five hundred dollars; and (ii) a term of imprisonment not to exceed one hundred eighty days; or (iii) where appropriate a sentence of probation as provided in subdivision six of this section; or (iv) a term of imprisonment as a condition of a sentence of probation as provided in the penal law and consistent with this section. When a person is convicted of this crime under subparagraph (ii), (iii) or (iv) of paragraph (a) of this subdivision, the sentence of the court must be: (i) a fine of not less than five hundred dollars nor more than one thousand dollars; and (ii) a term of imprisonment of not less than seven days nor more than one hundred eighty days, or (iii) where appropriate a sentence of probation as provided in subdivision six of this section; or (iv) a term of imprisonment as a condition of a sentence of probation as provided in the penal law and consistent with this section.

3. Aggravated unlicensed operation of a motor vehicle in the first degree.

(a) A person is guilty of the offense of aggravated unlicensed operation of a motor vehicle in the first degree when such person:

(i) commits the offense of aggravated unlicensed operation of a motor vehicle in the second degree as provided in subparagraph (ii), (iii) or (iv) of paragraph (a) of subdivision two of this section and is operating a motor vehicle while under the influence of alcohol or a drug in violation of subdivision one, two, three, four or five of section eleven hundred ninety-two of this chapter; or

(ii) commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section; and is operating a motor vehicle while such person has in effect ten or more suspensions, imposed on at least ten separate dates for failure to answer, appear or pay a fine, pursuant to subdivision three of section two hundred twenty-six of this chapter or subdivision four-a of section five hundred ten of this article.

(b) Aggravated unlicensed operation of a motor vehicle in the first degree is a class E felony. When a person is convicted of this crime, the sentence of the court must be:

(i) a fine in an amount not less than five hundred dollars nor more than five thousand dollars; and

(ii) a term of imprisonment as provided in the penal law, or

(iii) where appropriate and a term of imprisonment is not required by the penal law, a sentence of probation as provided in subdivision six of this section, or

(iv) a term of imprisonment as a condition of a sentence of probation as provided in the penal law.

4. Defense. In any prosecution under this section or section five hundred eleven-a of this chapter, it is a defense that the person operating the motor vehicle has at the time of the offense a license issued by a foreign country, state, territory or federal district, which license is valid for operation in this state in accordance with the provisions of section two hundred fifty of this chapter.

5. Limitation on pleas. Where an accusatory instrument charges a violation of this section, any plea of guilty entered in satisfaction of such charge must include at least a plea of guilty of one of the offenses defined by this section and no other disposition by plea of guilty to any other charge in satisfaction of such charge shall be authorized; provided, however, that if the district attorney upon reviewing the available evidence determines that the charge of a violation of this section is not warranted, he may set forth upon the record the basis for such determination and consent to a disposition by plea of guilty to another charge in satisfaction of such charge, and the court may accept such plea.

6. Sentence of probation. In any case where a sentence of probation is authorized by this section, the court may in its discretion impose such sentence, provided however, if the court is of the opinion that a program of alcohol or drug treatment may be effective in assisting in prevention of future offenses of a similar nature upon imposing such sentence, the court shall require as a condition of the sentence that the defendant participate in such a program.

§ 511-a. Facilitating aggravated unlicensed operation of a motor vehicle.

1. A person is guilty of the offense of facilitating aggravated unlicensed operation of a motor vehicle in the third degree when such person consents to the operation upon a public highway of a motor vehicle registered in such person's name knowing or having reason to know that the operator of such vehicle is a person whose license or privilege of operating such motor vehicle in this state or privilege of obtaining a license issued to operate such motor vehicle by the commissioner is suspended, revoked or otherwise withdrawn by the commissioner and the vehicle is operated upon a public highway by such person.

2. Facilitating aggravated unlicensed operation of a motor vehicle in the third degree is a traffic infraction. When a person is convicted thereof the sentence of the court must be: (i) a fine of not less than two hundred dollars nor more than five hundred dollars or (ii) a term of imprisonment of not more than fifteen days, or (iii) both.

3. A person is guilty of facilitating aggravated unlicensed operation of a motor vehicle in the second degree when such person:

(a) commits the offense of facilitating aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section after having been convicted of such offense within the preceding eighteen months; or

(b) consents to the operation upon a public highway of a motor vehicle registered in such person's name knowing or having reason to know that

the operator of such vehicle is a person who has in effect three or more

suspensions, imposed on at least three separate dates, for failure to

answer, appear or pay a fine, pursuant to subdivision three of section

two hundred twenty-six or subdivision four-a of section five hundred ten

of this chapter; or

(c) commits the crime of facilitating aggravated unlicensed operation of a motor vehicle in the third degree after having been convicted of such an offense two or more times within the preceding five years. For purposes of this subdivision, "motor vehicle" shall mean any vehicle for hire, including a taxicab, livery, as defined in section one hundred twenty-one-e of this chapter, coach, limousine, van or wheelchair accessible van, tow truck, bus or commercial motor vehicle as defined section five hundred nine-a of this chapter.

Facilitating aggravated unlicensed operation of a motor vehicle in the second degree is a misdemeanor. When a person is convicted of this crime pursuant to paragraphs (a) or (b) of this subdivision, the sentence of the court must be: (i) a fine of not less than five hundred dollars, nor more than seven hundred fifty dollars; or (ii) a term of imprisonment not to exceed sixty days; or (iii) both a fine and imprisonment; or (iv) where appropriate, a sentence of probation; or (v) a term of imprisonment as a condition of a sentence of probation as provided in the penal law. When a person is convicted of this crime pursuant to paragraph (c) of this subdivision, the sentence of the court must be: (i) a fine of not less than five hundred, nor more than one thousand dollars; or (ii) a term of imprisonment not to exceed one hundred eighty days; or (iii) both a fine and imprisonment; or (iv) where appropriate, a sentence of probation; or (v) a term of imprisonment as a condition of probation as provided in the penal law.

4. A person is guilty of facilitating aggravated unlicensed operation of a motor vehicle in the first degree when such person consents to the operation upon a public highway of a motor vehicle registered in such person's name knowing or having reason to know that the operator of such vehicle is a person who has in effect ten or more suspensions, imposed on at least ten separate dates, for failure to answer, appear or pay a fine, pursuant to subdivision three of section two hundred twenty-six or subdivision four-a of section five hundred ten of this chapter. For purposes of this subdivision, "motor vehicle" shall mean any vehicle for hire, including a taxicab, livery, as defined in section one hundred twenty-one-e of this chapter, coach, limousine, van or wheelchair accessible van, tow truck, bus or commercial motor vehicle as defined in section five hundred nine-a of this chapter.

Facilitating aggravated unlicensed operation of a motor vehicle in the first degree is a class E felony. When a person is convicted of this crime, the sentence of the court must be: (i) a fine in an amount not less than one thousand dollars nor more than five thousand dollars; and (ii) a term of imprisonment as provided in the penal law; or (iii) where appropriate, a sentence of probation; or (iv) a term of imprisonment as a condition of a sentence of probation as provided in the penal law.

5. Upon a conviction of a violation of subdivision three or four of this section the commissioner shall revoke the registration of the motor vehicle for which the defendant's consent is given and shall only be restored pursuant to the provisions of subdivision five of section five hundred ten of this article. If such defendant is a corporation, partnership, association or other group, none of its officers, principals, directors or stockholders owning more than ten percent of the outstanding stock of the corporation shall be eligible to register the motor vehicle.

§ 511-b. Seizure and redemption of unlawfully operated vehicles.

1. Upon making an arrest or upon issuing a summons or an appearance ticket for the crime of aggravated unlicensed operation of a motor vehicle in the first or second degree committed in his presence, an officer shall remove or arrange for the removal of the vehicle to a garage, automobile pound, or other place of safety where it shall remain impounded, subject to the provisions of this section if: (a) the operator is the registered owner of the vehicle or the vehicle is not properly registered; or (b) proof of financial security is not produced; or (c) where a person other than the operator is the registered owner and, such person or another properly licensed and authorized to possess and operate the vehicle is not present. The vehicle shall be entered into the New York statewide police information network as an impounded vehicle and the impounding police department shall promptly notify the owner and the local authority that the vehicle has been impounded.

2. A motor vehicle so impounded shall be in the custody of the local authority and shall not be released unless:

(a) The person who redeems it has furnished satisfactory evidence of registration and financial security;

(b) Payment has been made for the reasonable costs of removal and storage of the motor vehicle. The registered owner of the vehicle shall be responsible for such payment provided, however, that if he was not the operator at the time of the offense he shall have a cause of action against such operator to recover such costs. Payment prior to release of the vehicle shall not be required in cases where the impounded vehicle was stolen or was rented or leased pursuant to a written agreement for a period of thirty days or less, however the operator of such a vehicle shall be liable for the costs of removal and storage of the vehicle to any entity rendering such service.

(c) Where the motor vehicle was operated by a person who at the time of the offense was the owner thereof, (i) satisfactory evidence that the registered owner or other person seeking to redeem the vehicle has a license or privilege to operate a motor vehicle in this state, and (ii) (A) satisfactory evidence that the criminal action founded upon the charge of aggravated unlicensed operation of a motor vehicle has been terminated and that any fine imposed as a result of a conviction thereon has been paid, or (B) a certificate issued by the court in which the criminal action was commenced ordering release of the vehicle prior to the judgment or compliance therewith in the interest of justice, or (C) a certificate issued by the district attorney or other officer authorized to prosecute such charge waiving the requirement that the vehicle be held as security for appearance before and compliance with the judgment of the court.

3. When a vehicle seized and impounded pursuant to this section has been in the custody of the local authority for thirty days, such authority shall make inquiry in the manner prescribed by the commissioner as to the name and address of the owner and any lienholder and upon receipt of such information shall notify the owner and the lienholder, if any, at his last known address by certified mail, return receipt requested, that if the vehicle is not retrieved pursuant to subdivision two of this section within thirty days from the date the notice is given, it will be forfeited. If the vehicle was registered in New York the last known address shall be that address on file with the commissioner. If the vehicle was registered out-of-state or never registered, notification shall be made in the manner prescribed by the commissioner.

4. A motor vehicle that has been seized and not retrieved pursuant to the foregoing provisions of this section shall be forfeited to the local authority upon expiration of the period of the notice set forth in subdivision three of this section provided, however, in computing such period, the period of time during which a criminal prosecution is or was pending against the owner for a violation of this section shall be excluded. A proceeding to decree such forfeiture and to recover towing and storage costs, if any, to the extent such costs exceed the fair market value of the vehicle may be brought by the local authority in the court in which the criminal action for aggravated unlicensed operation of a motor vehicle was commenced by petition for an order decreeing forfeiture of the motor vehicle accompanied by an affidavit attesting to facts showing that forfeiture is warranted. If the identity and address of the owner and/or lienholder is known to the local authority, ten days notice shall be given to such party, who shall have an opportunity to appear and be heard prior to entry of an order decreeing forfeiture.

Where the court is satisfied that forfeiture of a motor vehicle is warranted in accordance with this section, it shall enter an order decreeing forfeiture of such vehicle. Provided, however, that the court at any time prior to entry of such an order may authorize release of the vehicle in accordance with subdivision two of this section upon a showing of good cause for failure to retrieve same prior to commencement of the proceeding to decree forfeiture, but if the court orders release of the motor vehicle as herein provided and the vehicle is not redeemed within ten days from the date of such order, the vehicle shall be deemed to have been abandoned and the court upon application of the local authority must enter an order decreeing its forfeiture.

5. A motor vehicle forfeited in accordance with the provisions of this section shall be and become the property of the local authority, subject however to any lien that was recorded prior to the seizure.

6. For the purposes of this section, the term "local authority" means the municipality in which the motor vehicle was seized; except that if the motor vehicle was seized on property of the New York state thruway authority or property under the jurisdiction of the office of parks, recreation and historic preservation, the department of transportation, or a public authority or commission, the term "local authority" means such authority, office, department, or commission. A county may provide by local law that the county may act as the agent for a local authority under this section.

7. When a vehicle has been seized and impounded pursuant to this section, the local authority or any person having custody of the vehicle shall make the vehicle available or grant access to it to any owner or any person designated or authorized by such owner for the purpose of (i) taking possession of any personal property found within the vehicle and (ii) obtaining proof of registration, financial security, title or documentation in support thereof.

§ 511-c. Seizure and forfeiture of vehicles used in the unlicensed operation of a motor vehicle under certain circumstances.

1. For purposes of this section:

(a) The term "owner" shall mean an owner as defined in section one hundred twenty-eight and in subdivision three of section three hundred eighty-eight of this chapter.

(b) The term "security interest" shall mean a security interest as defined in subdivision (k) of section two thousand one hundred one of this chapter.

(c) The term "termination of the criminal proceeding" shall mean the earliest of

(i) thirty-one days following the imposition of sentence; or

(ii) the date of acquittal of a person arrested for an offense; or

(iii) where leave to file new charges or to resubmit the case to a new grand jury is required and has not been granted, thirty-one days following the dismissal of the last accusatory instrument filed in the case, or, if applicable, upon expiration of the time granted by the court or permitted by statute for filing new charges or resubmitting the case to a new grand jury; or

(iv) where leave to file new charges or to resubmit the case to a new grand jury is not required, thirty-one days following the dismissal of the last accusatory instrument filed in the case, or, if applicable, upon expiration of the time granted by the court or permitted by statute for filing new charges or resubmitting the case to a new grand jury; or

(v) six months from the issuance of an "adjournment in contemplation of dismissal" order pursuant to section 170.55 of the criminal procedure law, where the case is not restored to the court's calendar within the applicable six-month period; or

(vi) the date when, prior to the filing of an accusatory instrument against a person arrested for an offense, the prosecuting authority elects not to prosecute such person.

2. Any motor vehicle which has been or is being used in violation of paragraph (a) of subdivision three of section five hundred eleven of this article may be seized by any peace officer, acting pursuant to his or her special duties, or police officer, and forfeited as hereinafter provided in this section.

3. A vehicle may be seized upon service of a notice of violation upon the owner or operator of a vehicle. The seized motor vehicle shall be delivered by the officer having made the seizure to the custody of the district attorney of the county wherein the seizure was made, except that in the cities of New York, Yonkers, Rochester and Buffalo the seized motor vehicle shall be delivered to the custody of the police department of such cities and such motor vehicle seized by a member or members of the state police shall be delivered to the custody of the superintendent of state police, together with a report of all the facts and circumstances of the seizure. Within one business day after the seizure, notice of such violation and a copy of the notice of violation shall be mailed to the owner of such vehicle at the address for such owner set forth in the records maintained by the department of motor vehicles or, for vehicles not registered in New York state, such equivalent record in such state of registration.

4. (a) The attorney general in seizures by members of the state police, or the district attorney of the county wherein the seizure is made, if elsewhere than in the cities of New York, Yonkers, Rochester or Buffalo, or where the seizure is made in such cities, the corporation counsel of the city shall inquire into the facts of the seizure so reported to him or her. If it appears that there is a basis for the commencement and prosecution of a forfeiture proceeding pursuant to this section, any such forfeiture proceeding shall be commenced in supreme court not later than twenty days after the date of receipt of a written demand by a person claiming ownership of the motor vehicle accompanied by the documentation required to be presented upon release of the vehicle pursuant to subparagraphs (i), (ii), and (iv) of paragraph (a) of subdivision five of this section.

(b) Where forfeiture proceedings are commenced and prosecuted pursuant to this section, the motor vehicle which is the subject of such proceedings shall remain in the custody of such district attorney, police department or superintendent of state police, as applicable, pending the final determination of such proceedings.

(c) To the extent applicable, the procedures of article thirteen-A of the civil practice law and rules shall govern proceedings and actions under this section.

5. A motor vehicle seized pursuant to this section shall be released when:

(a)

(i) Such attorney general, district attorney or corporation counsel has made a determination not to institute forfeiture proceedings pursuant to this section or the time period within which a forfeiture proceeding could have been commenced pursuant to this section has elapsed and no such forfeiture proceeding was commenced or the criminal proceeding has been terminated in favor of the accused, as defined in subdivision three of section 160.50 of the criminal procedure law; and

(ii) The person seeking to claim the motor vehicle has furnished satisfactory evidence of registration and financial security and, if the person was the operator of the vehicle at the time of the violation of paragraph (a) of subdivision three of section five hundred eleven of this article, satisfactory evidence of payment of any fines or penalties imposed in connection therewith; and

(iii) Payment has been made for the reasonable costs of removal and storage of the motor vehicle. The owner of the motor vehicle shall be responsible for such payment provided, however, that if he or she was not the operator at the time of the offense, such person shall have a cause of action against such operator to recover such costs. Payment prior to release of the motor vehicle shall not be required in cases where the seized motor vehicle was stolen or rented or leased pursuant to a written agreement for a period of thirty days or less, however the operator of such a motor vehicle shall be liable for the costs of removal and storage of the motor vehicle to any entity rendering such service; and

(iv) If the motor vehicle is held as evidence, the person seeking to claim the motor vehicle has presented a release from the prosecuting authority providing that the motor vehicle is not needed as evidence.

(b)

(i) Pending completion of forfeiture proceedings which have been commenced, the person seeking to claim the motor vehicle has posted a bond in a form satisfactory to such attorney general, district attorney or corporation counsel in an amount that shall not exceed an amount sufficient to cover the maximum fines or civil penalties which may be imposed for the violation underlying the seizure and all reasonable costs for removal and storage of such vehicle; and

(ii) The persons seeking to claim the motor vehicle has furnished satisfactory evidence of registration and financial security.

6. Where a demand for the return of a motor vehicle is not made within ninety days after the termination of the criminal proceeding founded upon the charge of aggravated unlicensed operation of a motor vehicle in the first degree, such motor vehicle shall be deemed to be abandoned. Such vehicle shall be disposed of by the county, cities of New York, Yonkers, Rochester or Buffalo or the state, as applicable, in accordance with section twelve hundred twenty-four of this chapter or as otherwise provided by law.

7. Notice of the institution of the forfeiture proceeding shall be served:

(a) By personal service pursuant to the civil practice law and rules upon all owners of the seized motor vehicle listed in the records maintained by the department, or for vehicles not registered in New York state, in the records maintained by the state of registration; and

(b) By first class mail upon all individuals who have notified such attorney general, district attorney or corporation counsel that they are an owner of the vehicle and upon all persons holding a security interest in such motor vehicle which security interest has been filed with the department pursuant to the provisions of title ten of this chapter, at the address set forth in the records of such department, or for motor vehicles not registered in New York state, all persons holding a security interest in such motor vehicle which security interest has been filed with such state of registration, at the address provided by such state of registration.

8. Any owner who receives notice of the institution of a forfeiture action who claims an interest in the motor vehicle subject to forfeiture shall assert a claim for the recovery of the motor vehicle or satisfaction of the owner's interest in such motor vehicle by intervening in the forfeiture action in accordance with subdivision (a) of section one thousand twelve of the civil practice law and rules. Any person with a security interest in such vehicle who receives notice of the institution of the forfeiture action shall assert a claim for the satisfaction of such person's security interest in such vehicle by intervening in the forfeiture action in accordance with subdivision (a) of section one thousand twelve of the civil practice law and rules. If the action relates to a vehicle in which a person holding a security interest has intervened pursuant to this subdivision, the burden shall be upon the designated official to prove by clear and convincing evidence that such intervenor knew that such vehicle was or would be used for the commission of a violation of subparagraph (ii) of paragraph (a) of subdivision three of section five hundred eleven of the vehicle and traffic law and either (a) knowingly and unlawfully benefitted from such conduct or (b) voluntarily agreed to the use of the vehicle for the commission of such violation by consent freely given. For purposes of this subdivision, such intervenor knowingly and unlawfully benefited from the commission of such violation when he or she derived in exchange for permitting the use of such vehicle by a person or persons committing such specified violation a substantial benefit that would otherwise not have accrued as a result of the lawful use of such vehicle. "Benefit" means benefit as defined in subdivision seventeen of section 10.00 of the penal law.

9. No motor vehicle shall be forfeited under this section to the extent of the interest of a person who claims an interest in the motor vehicle, where such person pleads and proves that:

(a) The use of such motor vehicle for the conduct that was the basis for a seizure occurred without the knowledge of such person, or if such person had knowledge of such use, without the consent of such person, and that such person did not knowingly obtain such interest in the motor vehicle in order to avoid the forfeiture of such vehicle; or

(b) The conduct that was the basis for such seizure was committed by any person other than such person claiming an interest in the motor vehicle, while such motor vehicle was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States or any state.

10. The court in which a forfeiture action is pending may dismiss said action in the interests of justice upon its own motion or upon an application as provided for herein.

(a) At any time during the pendency of a forfeiture action, the designated official who instituted the action, or a defendant may apply for an order dismissing the complaint and terminating the forfeiture action in the interest of justice.

(b) Such application for the relief provided in paragraph (a) of this subdivision must be made in writing and upon notice to all parties. The court may, in its discretion, direct that notice be given to any other person having an interest in the property.

(c) An application for the relief provided for in paragraph (a) of this subdivision must be brought exclusively in the superior court in which the forfeiture action is pending.

(d) The court may grant the relief provided in paragraph (a) of this subdivision if it finds that such relief is warranted by the existence of some compelling factor, consideration or circumstance demonstrating that forfeiture of the property or any part thereof, would not serve the ends of justice. Among the factors, considerations and circumstances the court may consider, among others, are:

(i) the seriousness and circumstances of the crime to which the property is connected relative to the impact of forfeiture of property upon the person who committed the crime; or

(ii) the adverse impact of a forfeiture of property upon innocent persons.

(e) The court must issue a written decision stating the basis for an order issued pursuant to this subdivision.

11. The district attorney, police department or superintendent of state police having custody of the seized motor vehicle, after such judicial determination of forfeiture, shall, by a public notice of at least twenty days, sell such forfeited motor vehicle at public sale. The net proceeds of any such sale, after deduction of the lawful expenses incurred, shall be paid into the general fund of the county wherein the seizure was made, provided, however, that the net proceeds of the sale of a motor vehicle seized in the cities of New York, Yonkers, Rochester and Buffalo shall be paid into the respective general funds of such cities, and provided further that the net proceeds of the sale of a motor vehicle seized by the state police shall be paid into the state police seized assets account.

12. In any action commenced pursuant to this section, where the court awards a sum of money to one or more persons in satisfaction of such person's or persons' interest or interests in the forfeited motor vehicle, the total amount awarded to satisfy such interest or interests shall not exceed the amount of the net proceeds of the sale of the forfeited motor vehicle, after deduction of the lawful expenses incurred by the county, cities of New York, Yonkers, Rochester or Buffalo or the state, as applicable, and storage of the motor vehicle between the time of seizure and the date of sale.

13. At any time within two years after the seizure, any person claiming an interest in a motor vehicle which has been forfeited pursuant to this section who was not sent notice of the commencement of the forfeiture action pursuant to subdivision seven of this section, or who did not otherwise receive actual notice of the forfeiture action, may assert in an action commenced before the justice of the supreme court before whom the forfeiture action was held such claim as could have been asserted in the forfeiture action pursuant to this section.

The court may grant the relief sought upon such terms and conditions as it deems reasonable and just if the person claiming an interest in the motor vehicle establishes that he or she was not sent notice of the commencement of the forfeiture action and was without actual knowledge of the forfeiture action, and establishes either of the affirmative defenses set forth in subdivision nine of this section.

14. No action under this section for wrongful seizure shall be instituted unless such action is commenced within two years after the time when the motor vehicle was seized.

§ 511-d. Aggravated failure to answer appearance tickets or pay fines imposed.

1. A person is guilty of the offense of aggravated failure to answer appearance tickets or pay fines imposed when such person has in effect twenty or more suspensions, imposed on at least twenty separate dates, for failure to answer, appear or pay a fine pursuant to subdivision three of section two hundred twenty-six or subdivision four-a of section five hundred ten of this chapter.

2. A person may be prosecuted for a violation of this section in any court of competent jurisdiction in any county:

(a) in which more than ten tickets which resulted in suspension for failures to answer, appear or pay fines were issued, or

(b) in which the twentieth or any subsequent ticket which resulted in a suspension for failure to answer, appear or pay a fine was issued. The provisions of this subdivision shall not apply to any suspension which has been terminated prior to the defendant's being charged with a violation of this section.

3. Aggravated failure to answer appearance tickets or pay fines

imposed is a misdemeanor. When a person is convicted of this crime, the

sentence of the court must be: (i) a fine of not less than five hundred

dollars; or (ii) a term of imprisonment of not more than one hundred

eighty days; or (iii) both such fine and imprisonment.

§ 512. Operation while registration or privilege is suspended or revoked.

Any person who operates any motor vehicle upon a public highway while the certificate of registration of such motor vehicle or privilege of operation of such motor vehicle in this state or privilege of obtaining a certificate of registration issued by the commissioner is suspended or revoked shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not less than fifty dollars nor more than one hundred dollars or by imprisonment for not exceeding thirty days or by both such fine and imprisonment for conviction of a first offense; by a fine of not less than one hundred dollars nor more than two hundred dollars or by imprisonment for not exceeding ninety days or by both such fine and imprisonment for a conviction of a second offense committed within a period of eighteen months; by a fine of not less than two hundred dollars nor more than five hundred dollars or by imprisonment for not exceeding one hundred eighty days or by both such fine and imprisonment for a conviction of a third or subsequent offense committed within a period of eighteen months.