2013 New York Consolidated Laws
VAT - Vehicle & Traffic
Title 5 - DRIVERS' LICENSES
Article 20 - (510 - 517) SUSPENSION AND REVOCATION
510 - Suspension, revocation and reissuance of licenses and registrations.


NY Veh & Traf L § 510 (2012) What's This?
 
    § 510. Suspension,   revocation   and   reissuance   of  licenses  and
  registrations. 1. Who may suspend or revoke. Any magistrate, justice  or
  judge, in a city, in a town, or in a village, any supreme court justice,
  any  county  judge, any judge of a district court, the superintendent of
  state police and the  commissioner  of  motor  vehicles  or  any  person
  deputized  by  him, shall have power to revoke or suspend the license to
  drive a motor vehicle or motorcycle of any person, or in the case of  an
  owner, the registration, as provided herein.
    A  learner's  permit, or a license which has expired but is renewable,
  shall be deemed a license within the meaning of this section.
    2. Mandatory revocations and suspensions.  a.  Mandatory  revocations.
  Such  licenses  shall  be  revoked  and  such  registrations may also be
  revoked where the holder is convicted:
    (i) of homicide or assault arising out of the  operation  of  a  motor
  vehicle or motorcycle or criminal negligence in the operation of a motor
  vehicle or motorcycle resulting in death, whether the conviction was had
  in this state or elsewhere;
    (ii)  pursuant  to  section  twenty-three hundred eighty-five of title
  eighteen of the United States code,  of  the  crime  of  advocating  the
  overthrow of government, whether the conviction was had in this state or
  elsewhere;
    (iii)  of  any  violation of subdivision two of section six hundred or
  section three hundred ninety-two or of a local law or  ordinance  making
  it unlawful to leave the scene of an accident without reporting;
    (iv)  of a third or subsequent violation, committed within a period of
  eighteen months, of any provision of section eleven  hundred  eighty  of
  this  chapter,  any  ordinance or regulation limiting the speed of motor
  vehicles and motorcycles or any provision constituted a  misdemeanor  by
  this  chapter,  not  included  in  subparagraphs  (i)  or  (iii) of this
  paragraph, except violations of subdivision one of section three hundred
  seventy-five of this chapter or  of  subdivision  one  of  section  four
  hundred  one of this chapter and similar violations under any local law,
  ordinance or regulation committed by an employed driver if  the  offense
  occurred while operating, in the course of his employment, a vehicle not
  owned  by  said  driver,  whether  such  three  or  more violations were
  repetitions of the same offense or were different offenses;
    (v) of a violation for the conviction of which  any  such  license  is
  subject  to  revocation  under  subdivision  two of section five hundred
  ten-b;
    (vi) of a  violation  of  any  provision  of  section  eleven  hundred
  eighty-two of this chapter;
    (vii) of a second violation of any provision of section eleven hundred
  eighty-two  committed  within  a  period  of  three  years of a previous
  violation of the aforesaid section shall result in a license  revocation
  of one year;
    (viii) of a third violation, committed within a period of three years,
  of any provision of subdivision a of section eleven hundred seventy-four
  of this chapter;
    (ix)  of  a  violation  of  section twelve hundred twenty-four of this
  chapter, other than a violation adjudicated by the environmental control
  board of a city having a population of one million or more  pursuant  to
  subdivision  seven  of  such  section, and fails to pay the fine imposed
  thereon pursuant to subdivision seven of such section;
    (x) of a traffic infraction for  a  subsequent  violation  of  article
  twenty-six  of  this chapter and the commission of such violation caused
  serious physical injury to another person and such subsequent  violation
  occurred within eighteen months of a prior violation of any provision of
  article  twenty-six  of  this chapter where the commission of such prior

  violation caused the serious physical injury or death of another person;
  or
    (xi)  of  a  traffic  infraction for a subsequent violation of article
  twenty-six of this chapter and the commission of such  violation  caused
  the  death  of  another  person  and  such subsequent violation occurred
  within eighteen months of a prior violation of any provision of  article
  twenty-six  of this chapter where the commission of such prior violation
  caused the serious physical injury or death of another person.
    b. Mandatory suspensions. Such licenses shall be suspended,  and  such
  registrations may also be suspended:
    (i)  for  a  period  of  sixty days where the holder is convicted of a
  violation for the  conviction  of  which  such  license  is  subject  to
  suspension pursuant to subdivision one of section five hundred ten-b;
    (ii)  when  the holder forfeits bail given upon being charged with any
  of the offenses mentioned in this subdivision, until the holder  submits
  to the jurisdiction of the court in which he forfeited bail; and
    (iii)  such  registrations shall be suspended when necessary to comply
  with subdivision nine of section one hundred forty or  subdivision  four
  of  section  one  hundred  forty-five  of  the  transportation  law. The
  commissioner shall have the authority to deny a registration or  renewal
  application  to  any  other  person  for the same vehicle and may deny a
  registration  or  renewal  application  for  any  other  motor   vehicle
  registered  in  the  name  of the applicant where it has been determined
  that such registrant's intent has been to evade  the  purposes  of  this
  subdivision and where the commissioner has reasonable grounds to believe
  that  such registration or renewal will have the effect of defeating the
  purposes of this subdivision.
    (iv) For a period of not less than thirty nor greater than one hundred
  eighty days where the holder is convicted of the crime of assault in the
  first, second or third degree as defined in article one  hundred  twenty
  of  the  penal  law,  where such offense was committed against a traffic
  enforcement agent employed by the city  of  New  York  or  the  city  of
  Buffalo  while  such  agent  was  enforcing or attempting to enforce the
  traffic regulations of such city.
    (v) For a period of six months where the holder is  convicted  of,  or
  receives   a   youthful  offender  or  other  juvenile  adjudication  in
  connection with, any  misdemeanor  or  felony  defined  in  article  two
  hundred twenty or two hundred twenty-one of the penal law, any violation
  of  the  federal  controlled  substances  act, any crime in violation of
  subdivision four of section eleven hundred ninety-two of this chapter or
  any out-of-state or federal misdemeanor or felony drug-related  offense;
  provided,  however, that any time actually served in custody pursuant to
  a sentence or disposition imposed as a  result  of  such  conviction  or
  youthful  offender  or  other  juvenile  adjudication  shall be credited
  against the period of such suspension and, provided  further,  that  the
  court  shall  determine  that  such suspension need not be imposed where
  there are compelling circumstances warranting an exception.
    (vi) Pursuant to subparagraph (v) of this paragraph,  the  magistrate,
  justice or judge shall order such suspension or render its findings that
  are  compelling  circumstances  warranting  an  exception at the time of
  sentencing. At that time, the judge,  justice  or  magistrate  may  also
  issue  an  order  making said license suspension take effect twenty days
  after the date of sentencing and, if this is done,  the  license  holder
  shall  be  given  a  copy  of  the  order permitting the continuation of
  driving privileges.
    (vii) In no event shall the commissioner suspend  a  driver's  license
  pursuant to subparagraph (v) of this paragraph absent a copy of an order

  by  the magistrate, justice or judge as provided in subparagraph (vi) of
  this paragraph.
    (viii)  for  a period of sixty days where the holder is convicted of a
  violation of section twelve hundred twenty-b of this  chapter  within  a
  period of eighteen months of a previous violation of such section.
    (ix)  For  a period of three months where the holder is sentenced to a
  license suspension pursuant to paragraph  (a)  of  subdivision  five  of
  section  sixty-five-b  of  the  alcoholic beverage control law, provided
  however,  that,  in  accordance  with  such  subdivision  five,     such
  suspension shall be only a license suspension.
    (x)  For  a  period  of  six months where the holder is sentenced to a
  license suspension pursuant to paragraph  (b)  of  subdivision  five  of
  section  sixty-five-b  of  the  alcoholic beverage control law, provided
  however,  that,  in  accordance  with  such  subdivision  five,     such
  suspension shall be only a license suspension.
    (xi)  For  a period of one year or until the holder reaches the age of
  twenty-one, whichever is the greater period of time, where the holder is
  sentenced  to  a  license  suspension  pursuant  to  paragraph  (c)   of
  subdivision  five  of  section  sixty-five-b  of  the alcoholic beverage
  control law, provided however, that, in accordance with such subdivision
  five, such suspension shall be only a license suspension.
    (xii) for a period of one year where the holder is  convicted  of,  or
  receives  a  youthful  offender  or juvenile delinquency adjudication in
  connection with a violation of section 240.62  or  subdivision  five  of
  section 240.60 of the penal law.
    (xiii) for a period of sixty days where the holder is convicted of two
  or  more  violations  of paragraph two of subdivision (d) or subdivision
  (f) of section eleven hundred eighty of this chapter.
    (xiv) for a period of forty-five days where the holder is convicted of
  a traffic infraction for a first violation of article twenty-six of this
  chapter and the commission of such  violation  caused  serious  physical
  injury to another person, except: (A) where the holder is convicted of a
  traffic  infraction  for  a  first  violation  of section eleven hundred
  forty-six of this chapter and the commission of  such  violation  caused
  serious physical injury to another person, the suspension shall be for a
  period of six months; and (B) where the holder is convicted of a traffic
  infraction for a second violation of section eleven hundred forty-six of
  this  chapter  and  the  commission  of  such  violation  caused serious
  physical injury to another person, and such person has  previously  been
  convicted  of  a  traffic  infraction  for a violation of section eleven
  hundred forty-six of this chapter and the commission of  such  violation
  caused  serious physical injury to another person within five years, the
  suspension shall be for a period of one year.
    (xv) for a period of seventy-five days where the holder  is  convicted
  of  a  traffic infraction for a first violation of article twenty-six of
  this chapter and the commission of such violation caused  the  death  of
  another person.
    c.   Application   of   mandatory   revocations   and  suspensions  to
  non-residents and to unlicensed persons. Whenever a  non-resident  or  a
  person  who  is  unlicensed  is convicted of any violation or receives a
  youthful offender or juvenile delinquency  adjudication  in  conjunction
  with a violation of section 240.62 or subdivision five of section 240.60
  of  the penal law, which would require the revocation or suspension of a
  license, pursuant to the provisions of this chapter, if  the  person  so
  convicted  or  adjudicated  was  the  holder  of a license issued by the
  commissioner, such non-resident's privilege of operating a motor vehicle
  in this state or such  unlicensed  person's  privilege  of  obtaining  a
  license  issued  by  the commissioner shall be revoked or suspended, and

  such non-resident's privilege of operation  within  this  state  of  any
  motor vehicle owned by such person or such unlicensed person's privilege
  of  obtaining a registration issued by the commissioner may be suspended
  as if such non-resident or unlicensed person was the holder of a license
  issued by the commissioner. The provisions of subdivisions six and seven
  of   this  section  shall  be  applicable  to  any  such  suspension  or
  revocation.
    d. Mandatory suspensions; vehicles over eighteen  thousand  pounds.  A
  license or privilege shall be suspended by the commissioner for a period
  of  sixty  days,  where  the  holder  is  convicted  of  a  violation of
  subdivision (g) of section eleven hundred eighty of  this  chapter,  and
  (i)  the  recorded  or entered speed upon which the conviction was based
  exceeded the applicable speed limit by more than twenty miles  per  hour
  or  (ii)  the  recorded  or  entered speed upon which the conviction was
  based exceeded the applicable speed limit by more  than  ten  miles  per
  hour  and  the  vehicle  was  either  (A)  in  violation of any rules or
  regulations  involving  an  out-of-service  defect  relating  to   brake
  systems,   steering   components   and/or   coupling   devices,  or  (B)
  transporting  flammable  gas,  radioactive  materials   or   explosives.
  Whenever  a  license  is  suspended  pursuant  to  this  paragraph,  the
  commissioner shall immediately issue a restricted license  provided  the
  holder  of such license is otherwise eligible to receive such restricted
  license, except that no such restricted license shall be valid  for  the
  operation of a vehicle with a GVWR of more than eighteen thousand pounds
  and  further  provided  that  issuing  a license to such person does not
  create a substantial traffic safety hazard.
    2-a. Mandatory suspension and revocation of a license and registration
  in certain cases. (a) Within seven days after conviction for a violation
  of any local law which prohibits the knowing operation  or  offering  to
  operate  or  permitting  the  operation  for  hire  of  any vehicle as a
  taxicab, livery, as defined in section one hundred twenty-one-e of  this
  chapter, coach, limousine, van or wheelchair accessible van or tow truck
  within  the  state  without first having obtained an appropriate license
  therefor  from  the  appropriate  licensing  authority  and  appropriate
  for-hire  insurance  from the appropriate insurance agency, the taxi and
  limousine commission or other local body having jurisdiction  over  such
  offenses  with  respect  to  such  vehicles shall provide notice of such
  conviction to the commissioner in a manner agreed upon between any  such
  local  body  and  the  commissioner.  Upon  receipt  of such notice, the
  commissioner  shall  suspend  the  license  of  such  operator  and  the
  registration of such vehicle for a period of sixty days.
    (b)  Within  seven  days after conviction for a violation of any local
  law which prohibits the knowing operation  or  offering  to  operate  or
  permitting  the  operation for hire of any vehicle as a taxicab, livery,
  as defined in section one hundred twenty-one-e of this  chapter,  coach,
  limousine,  van  or  wheelchair  accessible  van or tow truck within the
  state without first having obtained an appropriate license therefor from
  the appropriate licensing authority and appropriate  for-hire  insurance
  from the appropriate insurance agency where the operator has, within the
  previous  five years, been convicted of any such violation, the taxi and
  limousine commission or other local body having jurisdiction  over  such
  offenses  with  respect  to  such  vehicles  shall provide notice to the
  commissioner in a manner agreed upon between any such local body and the
  commissioner. Upon receipt of such notice, the commissioner shall revoke
  the license of such operator.
    (c) Within seven days after conviction for a violation  of  any  local
  law  which  prohibits  the  knowing  operation or offering to operate or
  permitting the operation for hire of any vehicle as a  taxicab,  livery,

  as  defined  in section one hundred twenty-one-e of this chapter, coach,
  limousine, van or wheelchair accessible van  or  tow  truck  within  the
  state without first having obtained an appropriate license therefor from
  the  appropriate  licensing authority and appropriate for-hire insurance
  from the appropriate insurance agency where the registrant  has,  within
  the  previous five years, been convicted of any such violation, the taxi
  and limousine commission or other local body  having  jurisdiction  over
  such  offenses with respect to such vehicles shall provide notice to the
  commissioner in a manner agreed upon between any such local body and the
  commissioner. Upon receipt of such notice, the commissioner shall revoke
  the registration of such vehicle,  and  no  new  registration  shall  be
  issued for at least six months, nor thereafter, except in the discretion
  of the commissioner.
    (d)  The provisions of this subdivision shall not apply to any taxicab
  or livery as  defined  in  section  one  hundred  twenty-one-e  of  this
  chapter, coach, limousine, van or wheelchair accessible van or tow truck
  licensed  or  permitted for such operation by the appropriate local body
  of  any  other  municipality,  the  department  of  transportation,  the
  metropolitan   transportation   authority  or  the  interstate  commerce
  commission.
    3.  Permissive  suspensions  and  revocations.   Such   licenses   and
  registrations  and  the privilege of a non-resident of operating a motor
  vehicle in this state and of operation within this state  of  any  motor
  vehicle  owned  by  him  and  the  privilege  of an unlicensed person of
  obtaining a license issued  by  the  commissioner  and  of  obtaining  a
  registration issued by the commissioner may be suspended or revoked:
    a. for any violation of the provisions of this chapter, except section
  eleven  hundred ninety-two, or for any violation of a local ordinance or
  regulation prohibiting dangerous driving as shall, in the discretion  of
  the officer acting hereunder, justify such revocation or suspension;
    b.  because  of  some physical or mental disability of the holder, the
  court commitment of the holder to an institution under the  jurisdiction
  of  the  department of mental hygiene or the disability of the holder by
  reason of intoxication or the use of drugs;
    c. because of the conviction of the holder at any time of a felony;
    d. for habitual or persistent violation of any of  the  provisions  of
  this  chapter,  or  of  any lawful ordinance, rule or regulation made by
  local authorities in relation to traffic;
    e. for gross negligence  in  the  operation  of  a  motor  vehicle  or
  motorcycle  or  operating  a  motor  vehicle  or  motorcycle in a manner
  showing a reckless disregard for life or property of others;
    f.  for  knowingly  permitting  or  suffering  any  motor  vehicle  or
  motorcycle  under  the  direction or control of the holder to be used in
  aid or furtherance of the commission of any crime;
    g. for preventing  lawful  identification  of  any  motor  vehicle  or
  motorcycle  under  the  holder's direction or control, or evading lawful
  arrest or prosecution while operating such motor vehicle or motorcycle;
    h. for wilfully evading lawful prosecution in this state or in another
  state or jurisdiction for an offense committed therein against the motor
  vehicle or traffic laws thereof;
    i. for habitual or persistent violation  of  any  provisions  of  this
  chapter,  and/or  any lawful ordinance, rule or regulation made by local
  authorities in relation to traffic, and/or  violations  committed  in  a
  commercial  motor  vehicle  of  any  law,  statute,  ordinance,  rule or
  regulation in relation to traffic made by any other state,  District  of
  Columbia,  Canadian  province or local authority of such state, district
  or province;

    j. except as provided in subdivision  one  herein  or  section  eleven
  hundred  ninety-three  of  this  chapter upon the conviction of a person
  under eighteen years  of  age  of  any  crime  or  in  the  case  of  an
  adjudication  of  youthful  offender  under  nineteen years of age, such
  license or registration may be suspended or revoked for a maximum period
  of one year by the judge or justice sentencing him;
    k.  for a period of up to ninety days because of the conviction of the
  holder of the offenses of menacing as defined in section 120.15  of  the
  penal   law,   where  such  offense  was  committed  against  a  traffic
  enforcement agent employed by the city  of  New  York  or  the  city  of
  Buffalo  while  such  agent  was  enforcing or attempting to enforce the
  traffic regulations of such city.
    3-a.  Opportunity  to  be  heard  and  temporary  suspensions.   Where
  revocation  or  suspension  is  permissive,  the holder, unless he shall
  waive such right, shall have an opportunity to  be  heard  except  where
  such  revocation  or suspension is based solely on a court conviction or
  convictions or on  a  court  commitment  to  an  institution  under  the
  jurisdiction   of  the  department  of  mental  hygiene.  A  license  or
  registration, or the privilege of a non-resident of  operating  a  motor
  vehicle in this state or of the operation within this state of any motor
  vehicle  owned  by  him,  may, however, be temporarily suspended without
  notice, pending any prosecution, investigation or hearing.
    4. Administrative action  pursuant  to  interstate  compact.  a.  Such
  licenses  may  be  suspended  where pursuant to any compact or agreement
  authorized by section five hundred seventeen of this chapter the  holder
  thereof  is  issued  a  summons  for  a moving traffic violation, is not
  detained or required to furnish bail or collateral and fails  to  appear
  in response to such summons. Such suspension shall remain in effect only
  until such holder submits to the jurisdiction of the court in which such
  summons is returnable.
    b.  If  notification  is  received by the commissioner pursuant to any
  compact or agreement authorized by section  five  hundred  sixteen-b  of
  this  article that the holder of a New York license or an unlicensed New
  York resident has been convicted of an offense set forth in such compact
  or agreement, such conviction, for the purpose of administrative  action
  which  must  or  may  be  taken  by  the  commissioner  pursuant  to the
  provisions of this section, shall be deemed to be  a  conviction  of  an
  offense committed within this state in accordance with the provisions of
  such compact or agreement.
    4-a. Suspension for failure to answer an appearance ticket or to pay a
  fine.  (a)  Upon  receipt  of  a  court notification of the failure of a
  person to appear within sixty days of the return date or new  subsequent
  adjourned  date,  pursuant  to an appearance ticket charging said person
  with a violation of any of the provisions of this  chapter  (except  one
  for  parking, stopping, or standing), of any violation of the tax law or
  of the transportation law regulating traffic or of any lawful  ordinance
  or  regulation  made by a local or public authority, relating to traffic
  (except one for parking, stopping, or standing) or the failure to pay  a
  fine imposed by a court the commissioner or his or her agent may suspend
  the  driver's  license  or  privileges of such person pending receipt of
  notice from the court that such person has appeared in response to  such
  appearance  ticket  or  has  paid  such fine. Such suspension shall take
  effect no less than thirty days from the day upon which  notice  thereof
  is  sent  by  the  commissioner  to the person whose driver's license or
  privileges are to be suspended. Any suspension issued pursuant  to  this
  paragraph  shall  be  subject  to  the  provisions of paragraph (j-l) of
  subdivision two of section five hundred three of this chapter.

    (b) The provisions of paragraph (a)  of  this  subdivision  shall  not
  apply  to  a  registrant  who  was  not operating a vehicle, but who was
  issued a summons or an appearance ticket  for  a  violation  of  section
  three  hundred  eighty-five,  section  four  hundred one or section five
  hundred   eleven-a  of  this  chapter.  Upon  the  receipt  of  a  court
  notification of the failure of such person to appear within  sixty  days
  of  the  return  date or a new subsequent adjourned date, pursuant to an
  appearance ticket charging said  person  with  such  violation,  or  the
  failure  of  such  person  to  pay  a  fine  imposed  by  a  court,  the
  commissioner or his or her agent may suspend  the  registration  of  the
  vehicle or vehicles involved in such violation or privilege of operation
  of  any  motor vehicle owned by the registrant pending receipt of notice
  from the court that  such  person  has  appeared  in  response  to  such
  appearance  ticket  or  has paid such fine.   Such suspension shall take
  effect no less than thirty days from the day upon which  notice  thereof
  is  sent  by  the  commissioner  to  the  person  whose  registration or
  privilege is to be suspended. Any suspension  issued  pursuant  to  this
  paragraph  shall  be  subject  to  the  provisions of paragraph (j-1) of
  subdivision two of section five hundred three of this chapter.
    (c) Upon receipt of notification from a traffic and parking violations
  agency of the failure of a person to appear within  sixty  days  of  the
  return  date or new subsequent adjourned date, pursuant to an appearance
  ticket charging said person with a violation of:
    (i) any of the provisions of this  chapter  except  one  for  parking,
  stopping or standing and except those violations described in paragraphs
  (a),  (b),  (d), (e) and (f) of subdivision two of section three hundred
  seventy-one of the general municipal law;
    (ii) section five hundred two or subdivision (a) of  section  eighteen
  hundred fifteen of the tax law;
    (iii)  section fourteen-f (except paragraph (b) of subdivision four of
  section fourteen-f), two hundred eleven or two  hundred  twelve  of  the
  transportation law; or
    (iv)  any  lawful  ordinance  or  regulation made by a local or public
  authority relating to traffic  (except  one  for  parking,  stopping  or
  standing) or the failure to pay a fine imposed for such a violation by a
  traffic  and  parking  violations agency, the commissioner or his or her
  agent may suspend the driver's license  or  privileges  of  such  person
  pending  receipt of notice from the agency that such person has appeared
  in response to such appearance  ticket  or  has  paid  such  fine.  Such
  suspension  shall take effect no less than thirty days from the day upon
  which notice thereof is sent by the commissioner  to  the  person  whose
  driver's  license  or  privileges  are  to  be suspended. Any suspension
  issued pursuant to this paragraph shall be subject to the provisions  of
  paragraph (j-1) of subdivision two of section five hundred three of this
  chapter.
    4-b.  Suspension of registration for failure to answer or to pay fines
  with respect to certain violations. Upon receipt of certification from a
  court or administrative tribunal of appropriate  jurisdiction  that  the
  owner  of  a motor vehicle or his representative failed to appear on the
  return date or dates or any subsequent adjourned date or dates or failed
  to comply with the rules and regulations of an  administrative  tribunal
  following  entry  of  a  final  decision  or  decisions  in  response to
  twenty-five or  more  summonses  or  other  process,  issued  within  an
  eighteen  month  period  charging  that  such  motor  vehicle is parked,
  stopped or standing in violation  of  any  of  the  provisions  of  this
  chapter  or  of  any  law, ordinance, rule or regulation made by a local
  authority, the commissioner shall suspend the registration of such motor
  vehicle. Such suspension shall take effect no less than thirty days from

  the date on which notice thereof is sent  by  the  commissioner  to  the
  person  whose registration is to be suspended and shall remain in effect
  as long as the summmons or summonses remain unanswered, or in  the  case
  of  an  administrative tribunal, the registrant fails to comply with the
  rules and regulations  following  the  entry  of  a  final  decision  or
  decisions.
    * 4-c.  Suspension  of  registration  for  failure to answer or to pay
  fines with respect to parking, stopping and  standing  violations.  Upon
  receipt  of  certification  from  a  court or administrative tribunal of
  appropriate jurisdiction in a city with a population in  excess  of  one
  hundred thousand persons according to the nineteen hundred eighty United
  States  census  that  the owner of a motor vehicle or his representative
  following  compliance  by  such  city  with  the  notice  provisions  of
  subdivision  two  of  section  two  hundred thirty-five of this chapter,
  failed to appear on the return date or dates or any subsequent adjourned
  date or dates or failed to comply with the rules and regulations  of  an
  administrative   tribunal   following  entry  of  a  final  decision  or
  decisions, in response to five  or  more  summonses  or  other  process,
  issued  within a twelve month period charging that such motor vehicle is
  parked, stopped or standing in violation of any  of  the  provisions  of
  this  chapter  or  of  any  law, ordinance, rule or regulation made by a
  local authority, the commissioner shall suspend the registration of such
  motor vehicle. Such suspension shall take effect  no  less  than  thirty
  days  from  the date on which notice thereof is sent by the commissioner
  to the person whose registration is to be suspended and shall remain  in
  effect  as long as the summons or summonses remain unanswered, or in the
  case of an administrative tribunal, the registrant fails to comply  with
  the  rules  and  regulations  following the entry of a final decision or
  decisions.
    * NB Repealed September 1, 2015
    4-d. Suspension of registration for failure to answer or pay penalties
  with respect to certain violations. Upon the receipt of  a  notification
  from  a  court  or  an  administrative tribunal that an owner of a motor
  vehicle failed to appear on the return date or dates or a new subsequent
  adjourned date or dates or failed to pay any penalty imposed by a  court
  or  failed to comply with the rules and regulations of an administrative
  tribunal following entry of a final decision or decisions,  in  response
  to  five or more notices of liability or other process, issued within an
  eighteen month period charging such  owner  with  a  violation  of  toll
  collection  regulations in accordance with the provisions of section two
  thousand nine hundred eighty-five  of  the  public  authorities  law  or
  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
  seventy-four of the laws of nineteen hundred fifty, the commissioner  or
  his  agent  shall  suspend  the  registration of the vehicle or vehicles
  involved in the violation or the privilege of  operation  of  any  motor
  vehicle  owned  by  the registrant. Such suspension shall take effect no
  less than thirty days from the date on which notice thereof is  sent  by
  the  commissioner  to  the  person  whose  registration  or privilege is
  suspended and shall remain in effect until such registrant has  appeared
  in  response to such notices of liability or has paid such penalty or in
  the case of an administrative tribunal, the registrant has complied with
  the rules and regulations following the entry of  a  final  decision  or
  decisions.
    * 4-e.  Suspension  and  disqualification  for  failure  to make child
  support payments or failure  to  comply  with  a  summons,  subpoena  or
  warrant  relating  to  a  paternity or child support proceeding. (1) The
  commissioner, on behalf of the department, shall enter  into  a  written
  agreement   with  the  commissioner  of  the  office  of  temporary  and

  disability  assistance,  on  behalf  of  the  office  of  temporary  and
  disability   assistance,  which  shall  set  forth  the  procedures  for
  suspending the driving privileges of individuals who have failed to make
  payments of child support or combined child and spousal support.
    (2) Such agreement shall include:
    (i)  the  procedure under which the office of temporary and disability
  assistance shall notify the department of an individual's liability  for
  support arrears;
    (ii) the procedure under which the department shall be notified by the
  office  of  temporary  and  disability assistance that an individual has
  satisfied or commenced payment of his or her  support  arrears;  or  has
  made  satisfactory  payment  arrangements  thereon  and  shall  have the
  suspension of his or her driving privileges terminated;
    (iii) the procedure for reimbursement of the department and its agents
  by the office of  temporary  and  disability  assistance  for  the  full
  additional  costs  of  carrying  out  the  procedures authorized by this
  section, and may include, subject to the approval of the director of the
  budget, a procedure for reimbursement of necessary additional  costs  of
  collecting  social security numbers pursuant to section five hundred two
  of this title;
    (iv) provision for the publicizing  of  sanctions  for  nonpayment  of
  child  support  including the potential for the suspension of delinquent
  support obligors' driving privileges if they fail to pay  child  support
  or combined child and spousal support; and
    (v)  such  other  matters  as the parties to such agreement shall deem
  necessary to carry out provisions of this section.
    (3) Upon receipt of notification from  the  office  of  temporary  and
  disability  assistance  of a person's failure to satisfy support arrears
  or  to  make  satisfactory  payment  arrangements  thereon  pursuant  to
  paragraph  (e)  of subdivision twelve of section one hundred eleven-b of
  the social services law or notification from a court  issuing  an  order
  pursuant  to  section four hundred fifty-eight-a of the family court act
  or section two hundred forty-four-b of the domestic relations  law,  the
  commissioner  or  his  or  her  agent  shall suspend the license of such
  person to  operate  a  motor  vehicle.  In  the  event  such  person  is
  unlicensed,  such  person's  privilege  of  obtaining a license shall be
  suspended. Such suspension shall take effect no later than fifteen  days
  from  the  date  of  the  notice  thereof to the person whose license or
  privilege of obtaining a license is to be suspended, and shall remain in
  effect until such time as the commissioner is advised  that  the  person
  has  satisfied  the  support  arrears  or  has made satisfactory payment
  arrangements thereon pursuant to paragraph (e) of subdivision twelve  of
  section  one  hundred  eleven-b of the social services law or until such
  time as the court issues an order to terminate such suspension;
    (4) From the time the  commissioner  is  notified  by  the  office  of
  temporary  and disability assistance of a person's liability for support
  arrears under this section, the commissioner shall be relieved from  all
  liability  to  such person which may otherwise arise under this section,
  and such person shall have no  right  to  commence  a  court  action  or
  proceeding  or  to  any other legal recourse against the commissioner to
  recover such driving  privileges  as  authorized  by  this  section.  In
  addition,  notwithstanding any other provision of law, such person shall
  have no right to a hearing or  appeal  pursuant  to  this  chapter  with
  respect  to  a  suspension  of  driving privileges as authorized by this
  section. However, nothing herein shall be  construed  to  prohibit  such
  person  from  proceeding against the support collection unit pursuant to
  article seventy-eight of the civil practice law and rules.

    (5)  Any  person  whose  license  has  been  suspended   pursuant   to
  subdivision  three  of  this  section  may  apply  for the issuance of a
  restricted use license as provided in section  five  hundred  thirty  of
  this title.
    * NB Repealed June 30, 2015
    4-f.  Suspension  for failure to pay past-due tax liabilities. (1) The
  commissioner shall enter into a written agreement with the  commissioner
  of   taxation   and   finance,   as  provided  in  section  one  hundred
  seventy-one-v of the tax law, which shall set forth the  procedures  for
  suspending  the  drivers'  licenses  of  individuals  who have failed to
  satisfy past-due tax liabilities as  such  terms  are  defined  in  such
  section.
    (2)  Upon  receipt of notification from the department of taxation and
  finance  that  an  individual  has  failed  to  satisfy   past-due   tax
  liabilities,  or  to otherwise make payment arrangements satisfactory to
  the commissioner of taxation and finance, or has failed to  comply  with
  the  terms  of  such payment arrangements more than once within a twelve
  month period, the commissioner or his or her  agent  shall  suspend  the
  license  of  such  person  to operate a motor vehicle. In the event such
  person is unlicensed, such person's privilege  of  obtaining  a  license
  shall  be  suspended.  Such  suspension  shall take effect no later than
  fifteen days from the date of the notice thereof provided to the  person
  whose  license  or  privilege of obtaining a license is to be suspended,
  and shall remain in effect  until  such  time  as  the  commissioner  is
  advised   that  the  person  has  satisfied  his  or  her  past-due  tax
  liabilities, or has otherwise made payment arrangements satisfactory  to
  the commissioner of taxation and finance.
    (3)  From  the  time the commissioner is notified by the department of
  taxation and finance under  this  section,  the  commissioner  shall  be
  relieved  from  all  liability  to such person which may otherwise arise
  under this section, and such person shall have no right  to  commence  a
  court  action  or  proceeding or to any other legal recourse against the
  commissioner to recover such driving privileges as  authorized  by  this
  section.  In  addition, notwithstanding any other provision of law, such
  person shall have no right to a  hearing  or  appeal  pursuant  to  this
  chapter with respect to a suspension of driving privileges as authorized
  by this section.
    (4)  Notwithstanding  any  provision  of  law  to  the  contrary,  the
  department shall furnish the department of taxation and finance with the
  information necessary for the proper  identification  of  an  individual
  referred   to  the  department  for  the  purpose  of  driver's  license
  suspension  pursuant  to  this   section   and   section   one   hundred
  seventy-one-v  of the tax law. This shall include the individual's name,
  social security number and any other  information  the  commissioner  of
  motor vehicles deems necessary.
    (5)  Any  person  whose  driver's  license  is  suspended  pursuant to
  paragraph two of this subdivision  may  apply  for  the  issuance  of  a
  restricted  use  license  as  provided in section five hundred thirty of
  this title.
    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  or  a
  certificate  of  good  conduct  pursuant  to article twenty-three of the
  correction law by the court in which such person was last penalized.
    e. Upon a third finding of refusal and/or conviction  of  any  of  the
  offenses   which   require   a  permanent  commercial  driver's  license

  revocation,  such  permanent  revocation  may  not  be  waived  by   the
  commissioner under any circumstances.
    f.  Where  revocation  is mandatory hereunder, based upon a conviction
  had outside this state, no new license shall be issued until after sixty
  days from the date of such revocation, nor  thereafter,  except  in  the
  discretion of the commissioner.
    g.  Except  as  provided  in  paragraph  k  of this subdivision, where
  revocation is permissive, no new license or certificate shall be  issued
  by such commissioner to any person until after thirty days from the date
  of  such  revocation,  nor  thereafter,  except in the discretion of the
  commissioner  after  an  investigation  or  upon  a  hearing,  provided,
  however,  that  where  the  revocation  is  based  upon  a  failure in a
  reexamination pursuant to section five hundred six of  this  chapter,  a
  learner's  permit  may  be issued immediately and provided further, that
  where revocation is based upon a conviction of a felony,  other  than  a
  felony  relating  to  the  operation of a motor vehicle or motorcycle, a
  license shall be issued  immediately,  if  the  applicant  is  otherwise
  qualified  and  if  the  application  for such license is accompanied by
  consent in writing issued by the parole or  probation  authority  having
  jurisdiction over such applicant.
    h.  The  provisions of this subdivision shall not apply to revocations
  issued pursuant to  sections  eleven  hundred  ninety-three  and  eleven
  hundred ninety-four of this chapter.
    i. Where suspension of a driver's license is mandatory hereunder based
  upon   a   conviction   of,  or  youthful  offender  or  other  juvenile
  adjudication in connection with, any misdemeanor or felony as defined in
  article two hundred twenty or two hundred twenty-one of the  penal  law,
  any  violation  of  the  federal controlled substances act, any crime in
  violation of subdivision four of section eleven  hundred  ninety-two  of
  this  chapter  or  any  out-of-state  or  federal  misdemeanor or felony
  drug-related offense,  the  commissioner  may  issue  a  restricted  use
  license pursuant to section five hundred thirty of this chapter.
    j. Where suspension of a driver's license is mandatory hereunder based
  upon   a   conviction   of,  or  youthful  offender  or  other  juvenile
  adjudication in connection with, any misdemeanor or felony as defined in
  article two hundred twenty or two hundred twenty-one of the  penal  law,
  any  violation  of  the  federal controlled substances act, any crime in
  violation of subdivision four of section eleven  hundred  ninety-two  of
  this  chapter  or  any  out-of-state  or  federal  misdemeanor or felony
  drug-related offense and the individual does not have a driver's license
  or the individual's driver's  license  was  suspended  at  the  time  of
  conviction  or  youthful  offender  or  other juvenile adjudication, the
  commissioner shall not issue  a  new  license  nor  restore  the  former
  license for a period of six months after such individual would otherwise
  have  become  eligible  to  obtain  a  new license or to have the former
  license restored; provided, however, that during such delay  period  the
  commissioner may issue a restricted use license pursuant to section five
  hundred thirty of this chapter to such previously suspended licensee.
    k. Where revocation is permissive hereunder, based upon a finding of a
  violation  of  section three hundred ninety-two or section three hundred
  ninety-two-a of this chapter, no new license  or  certificate  shall  be
  issued  until  after  one  year  from  the  date of such revocation, nor
  thereafter, except in the discretion of the commissioner.
    l. Where revocation is  mandatory  pursuant  to  subparagraph  (x)  of
  paragraph  a of subdivision two of this section, no new license shall be
  issued for at least seventy-five days,  nor  thereafter  except  in  the
  discretion of the commissioner.

    m.  Where  revocation  is  mandatory  pursuant to subparagraph (xi) of
  paragraph a of subdivision two of this section, no new license shall  be
  issued  for  at  least one hundred twenty days, nor thereafter except in
  the discretion of the commissioner.
    7.  Miscellaneous  provisions.  Except  as expressly provided, a court
  conviction shall not be necessary to sustain a revocation or suspension.
  Revocation or suspension hereunder shall be deemed an administrative act
  reviewable by the  supreme  court  as  such.  Notice  of  revocation  or
  suspension,  as well as any required notice of hearing, where the holder
  is not present, may be given by mailing the same in writing  to  him  or
  her  at  the  address  contained  in  his or her license, certificate of
  registration or at the current address provided  by  the  United  States
  postal  service,  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 or her 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  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,  the
  commissioner shall restore the license or registration or  both  as  the
  case may be.
    8.  Cancellation. Upon receipt of a license which has been surrendered
  to the licensing authority of any other jurisdiction as  a  prerequisite
  to  the  issuance  of a license by such other jurisdiction in accordance
  with the provisions of the Driver License Compact or any other  laws  of
  such jurisdiction, the commissioner shall cancel such license. Provided,

  however,  that  such license shall not be cancelled if the licensee is a
  resident of this state.
    9. Railroad vehicle violations. Upon certification by the commissioner
  of   transportation   that   there  has  been  a  violation  of  section
  seventy-six-b of the railroad law, the commissioner  of  motor  vehicles
  may  rescind,  cancel  or  suspend the registration of any motor vehicle
  described in subdivision one of section seventy-six-b  of  the  railroad
  law  and  may rescind, cancel, suspend or take possession of the current
  registration certificate and number plates of any such motor vehicle.
    10. Where a youth is determined to be a youthful offender, following a
  conviction of a violation for which a license suspension  or  revocation
  is   mandatory   or  where  a  youth  receives  a  juvenile  delinquency
  adjudication in conjunction  with  a  violation  of  section  240.62  or
  subdivision  five  of  section  240.60 of the penal law, the court shall
  impose such suspension or  revocation  as  is  otherwise  required  upon
  conviction   and,   further,  shall  notify  the  commissioner  of  said
  suspension or revocation and its finding that said violator  is  granted
  youthful offender status as is required pursuant to section five hundred
  thirteen   of   this   chapter   or   received  a  juvenile  delinquency
  adjudication.
    11. Notwithstanding any contrary provision of  law,  the  division  of
  criminal  justice  services is authorized to share with the commissioner
  such criminal history information in its possession as may be  necessary
  to effect the provisions of this chapter.

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