2006 New York Code - Facilitating Aggravated Unlicensed Operation Of A Motor Vehicle.



 
    § 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  commissioner  is  suspended,  revoked  or  otherwise  withdrawn  by  the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.

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