2006 New York Code - Application To Non-resident, Other Persons.



 
    § 338. Application  to  non-resident,  other persons. (a) Whenever, by
  the laws of this state, the commissioner has the  power  to  suspend  or
  revoke  a  license  if  the  operator  or chauffeur were a resident, the
  commissioner shall have similar power to suspend or revoke  the  license
  or  to  forbid  the  operation of a motor vehicle in this state owned by
  such  operator  or  chauffeur  if  the  operator  or  chauffeur   is   a
  non-resident.  And  whenever  by the laws of this state the commissioner
  has the power to suspend or revoke  the  registration  certificates  and
  registration plates if the owner were a resident, the commissioner shall
  have  similar  power  to  forbid  the operation within this state of any
  motor vehicle if the owner is a non-resident.
    (b) All of the provisions of this article shall apply  to  any  person
  who is not a resident of this state under the same circumstances as they
  would apply to a resident; and, in such event, such a non-resident shall
  not  operate any motor vehicle in this state nor shall any motor vehicle
  owned  by  him  be  operated  in  this  state,  unless  and  until  such
  non-resident  or  the owner of the motor vehicle, if another person, has
  complied  with  the  requirements  of  this  article  with  respect   to
  furnishing  security and giving proof of financial responsibility in the
  future.
    (c) Upon conviction of a non-resident or in case  of  any  unsatisfied
  judgment rendered against a non-resident which conviction or unsatisfied
  judgment results in suspension of such non-resident's driving privileges
  in  this state and/or the prohibition of the operation within this state
  of any motor vehicle owned by such non-resident, the commissioner  shall
  transmit  a  certified  copy of any record of any such conviction or any
  such unsatisfied judgment or any other action pursuant to  this  article
  resulting  in  suspension of a non-resident's driving privileges in this
  state and/or the prohibition of the operation within this state  of  any
  motor   vehicle   owned  by  such  non-resident  to  the  motor  vehicle
  commissioner or officer performing the functions of  a  commissioner  in
  the state in which such non-resident resides.
    In  case  a  non-resident's  failure  to comply with the provisions of
  section  three  hundred  thirty-five  results  in  suspension  of   such
  non-resident's rights and privileges in this state and/or prohibition of
  the  operation  within  the  state  of  any  motor vehicle owned by such
  non-resident, the commissioner shall transmit a certified  copy  of  the
  record  of  such  action  to  the  motor vehicle commissioner or officer
  performing the functions of the commissioner in the state in which  such
  non-resident resides, if the law of such other state provides for action
  in  relation  thereto similar to that provided for in subdivision (d) of
  this section.
    (d) The commissioner shall take action as required  anywhere  in  this
  article, upon receiving proper evidence that any resident of this state,
  has  in  any other state had his driving privileges suspended and/or the
  operation of any motor vehicle owned by him prohibited pursuant to a law
  of such other state providing for such suspension or prohibition because
  of a conviction or  because  of  an  unsatisfied  judgment  which  would
  require  the commissioner to suspend a non-resident's driving privileges
  had such a conviction or judgment been rendered in this state against  a
  non-resident, provided, however, that no suspension or prohibition shall
  be  effective  until  twenty  days have elapsed from the date upon which
  notice of suspension shall have been mailed to  the  operator  or  owner
  during  which period such operator or owner shall be permitted to submit
  evidence of satisfaction of the  judgment  or  other  evidence  relating
  thereto.
    Upon  receipt  of  a  certification  that the operating privilege of a
  resident of this state has been suspended, revoked or cancelled  in  any
  such  other  state  pursuant  to  a  law  providing  for its suspension,
  revocation or cancellation for  failure  to  deposit  security  for  the
  payment of a judgment as may arise out of a motor vehicle accident under
  circumstances   which  would  require  the  commissioner  to  suspend  a
  non-resident's operating privilege had the  accident  occurred  in  this
  state, the commissioner shall suspend the license of such resident if he
  was  the operator, and all of his registrations if he was the owner of a
  motor vehicle involved in such accident. Such suspension shall  continue
  until such resident furnishes evidence of his compliance with the law of
  such other state relating to the deposit of such security.
    (e)  The  word  "state"  when  used  in this section shall, unless the
  context clearly  indicates  otherwise,  mean  any  state,  territory  or
  possession  of  the  United  States,  the  District  of  Columbia or any
  province of the Dominion of Canada.

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