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Section 514 - NY Vehicle and Traffic Law

Section 514 | Article 20 | SUSPENSION AND REVOCATION

 S 514. Certifying  convictions,  forfeitures and nonappearances to the
  commissioner and recording  convictions.  1.  (a)  Upon  a  judgment  of
  conviction  of  any person of (a) homicide or assault arising out of the
  operation of a motor vehicle, (b) criminally negligent homicide  arising
  out  of the operation of a motor vehicle, (c) a felony involving the use
  of a commercial motor vehicle, (d) a violation of any of the  provisions
  of  this  chapter (except one relating to parking, stopping or standing)
  or (e) a violation of any law, ordinance, rule  or  regulation  made  by
  local  authorities  in  relation  to  traffic  (except  one  relating to
  parking, stopping or standing) or upon the forfeiture of bail given upon
  a charge of violating  any  such  provision,  law,  ordinance,  rule  or
  regulation,  the  court  or  the clerk thereof shall within fifteen days
  certify the facts of the case to the commissioner in such  form  and  in
  such  manner  as may be prescribed by the commissioner, who shall record
  the same in his office. Such certificate shall be  presumptive  evidence
  of  the  facts recited therein. If any such conviction shall be reversed
  upon appeal therefrom, or shall be vacated  or  set  aside,  the  person
  whose conviction has been so reversed, vacated or set aside may serve on
  the  commissioner  a  certified  copy  of  the appropriate order and the
  commissioner shall thereupon record the  same  in  connection  with  the
  record of such conviction.
    (b)  Notwithstanding  the provisions of paragraph (a), upon a judgment
  of conviction for any  offense  for  which  a  mandatory  suspension  or
  revocation  is  required  to  be  imposed, or a permissive suspension or
  revocation is imposed by the court, the court or the clerk thereof shall
  within  ninety-six  hours  of  the  imposition  of  sentence  file   the
  certificate  required  by  paragraph  (a)  along  with the license, when
  surrendered at sentencing.
    (c) Notwithstanding the provisions of  paragraphs  (a)  and  (b),  the
  commissioner  may  prescribe  time  limitations  for  the  reporting  of
  judgments of conviction and transmission of such license that are longer
  than those prescribed by this section  for  any  courts  to  which  this
  section is applicable.
    (d)  Notwithstanding  the provisions of paragraphs (a), (b) and (c) of
  this subdivision, upon a judgment of conviction for a violation  of  any
  provisions  of  this  chapter  or  of  any local law, rule, ordinance or
  regulation relating to traffic (except one related to parking,  stopping
  or  standing),  the  court or the clerk thereof shall, within ninety-six
  hours of the imposition of the sentence, file the  certificate  required
  by  paragraph  (a)  of this subdivision, if the person convicted: (i) is
  the holder of a commercial driver's license issued by another state;  or
  (ii)  does not hold a commercial driver's license, but has been issued a
  license by another state and  is  convicted  of  a  violation  that  was
  committed  in a commercial motor vehicle, as defined in subdivision four
  of section five hundred one-a of this title.
    3. (a) Upon the failure of a person to appear or answer, within  sixty
  days of the return date or any subsequent adjourned date, or the failure
  to  pay a fine imposed by a court, pursuant to a summons charging him or
  her with a violation of any of the provisions of  this  chapter  (except
  one for parking, stopping or standing), section five hundred two or five
  hundred twelve of the tax law, section fourteen-f, two hundred eleven or
  two  hundred  twelve of the transportation law or of any law, ordinance,
  rule or regulation made  by  a  local  authority,  relating  to  traffic
  (except for parking, stopping or standing), the trial court or the clerk
  thereof  shall within ten days certify that fact to the commissioner, in
  the manner and form prescribed by the commissioner, who shall record the
  same in his or her office. Thereafter and upon  the  appearance  of  any
  such  person  in  response to such summons or the receipt of the fine by
  the court, the trial court or the clerk thereof shall forthwith  certify
  that  fact to the commissioner, in the manner and form prescribed by the
  commissioner; provided, however, no such  certification  shall  be  made
  unless  the  court  has  collected  the  termination  of  suspension fee
  required to be paid pursuant to paragraph (j-1) of  subdivision  two  of
  section five hundred three of this chapter.
    (b)  Upon  the  failure  of a person to appear or answer, within sixty
  days of the return date or any subsequent adjourned date, or the failure
  to pay a fine  imposed  by  a  traffic  and  parking  violations  agency
  pursuant to a summons charging him or her with a violation of:
    (1)  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;
    (2)  section  five  hundred two or subdivision (a) of section eighteen
  hundred fifteen of the tax law;
    (3) 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
    (4) any lawful ordinance or regulation  made  by  a  local  or  public
  authority  relating  to  traffic  (except  one  for parking, stopping or
  standing);
  the clerk thereof shall  within  ten  days  certify  that  fact  to  the
  commissioner, in the manner and form prescribed by the commissioner, who
  shall  record  the  same  in  his or her office. Thereafter and upon the
  appearance of any such person in response to such summons or the receipt
  of the fine by the agency, the traffic and parking violations agency  or
  the clerk thereof shall forthwith certify that fact to the commissioner,
  in  the  manner  and  form  prescribed  by  the  commissioner; provided,
  however, no such certification shall be  made  unless  the  traffic  and
  parking  violations  agency  has collected the termination of suspension
  fee required to be paid pursuant to paragraph (j-1) of  subdivision  two
  of section five hundred three of this chapter.
    4.  (a) Upon the failure of the owner of a motor vehicle registered in
  this state or his representative to appear or answer, on the return date
  or any subsequent adjourned date, or in the case  of  an  administrative
  tribunal fails to comply with the rules and regulations of said tribunal
  following  entry  of  a  final  decision  in  response  to three or more
  summonses or other process  issued  within  an  eighteen  month  period,
  charging  that  said  motor  vehicle  was parked, stopped or standing in
  violation of the provisions of this chapter or any law, ordinance,  rule
  or   regulation   made   by  a  local  authority,  the  trial  court  or
  administrative tribunal of appropriate  jurisdiction  may  certify  that
  fact  to  the  commissioner  in  the  manner  and form prescribed by the
  commissioner, who may record the same in his office.
    (b) Upon such certification, the trial court, the  clerk  thereof,  or
  the  administrative tribunal shall notify the registrant by certified or
  registered mail, return receipt requested, that the  commissioner  shall
  deny  the registration or renewal application until proof from the court
  wherein the charges were pending is provided to the commissioner by such
  court, administrative tribunal, or registrant that such  registrant  has
  answered  or  appeared,  or  in  the  case of an administrative tribunal
  provides proof that such registrant has  complied  with  the  rules  and
  regulations  of  said  tribunal  following  entry  of  a final decision.
  Thereafter and upon the appearance or  answer  of  any  such  person  in
  response  to  such  summonses  the  trial  court  or clerk thereof shall
  forthwith certify that fact to the registrant, and to  the  commissioner
  in  a  manner and form prescribed by the commissioner. In the case of an
  administrative  tribunal  such  certification  shall  be  made  to   the
  registrant  and  to  the commissioner upon compliance with the rules and
  regulations of such tribunal. Provided, however, that proof provided  to
  the commissioner by a registrant in the form of a certification provided
  to such registrant pursuant to this paragraph shall have the same effect
  as  proof  provided  to the commissioner by such court or administrative
  tribunal.
    (c) At least sixty days prior to renewal date the  commissioner  shall
  notify  the  registrant  that  unless he complies with the provisions of
  this section as set forth above, his registration  or  renewal  thereof,
  will be denied.
    4-a.  (a)  Upon the failure of the owner of a motor vehicle registered
  in this state or his representative to appear or answer, on  the  return
  date  or dates or any subsequent adjourned date or dates, or in the case
  of an administrative tribunal,  fails  to  comply  with  the  rules  and
  regulations  of  said  tribunal  following  entry of a final decision or
  decisions, in response to twenty or  more  summonses  or  other  process
  issued within an eighteen month period, charging that said motor vehicle
  was  parked,  stopped or standing in violation of the provisions of this
  chapter or any law, ordinance,  rule  or  regulation  made  by  a  local
  authority,  the  trial  court  or administrative tribunal of appropriate
  jurisdiction may certify that fact to the commissioner in the manner and
  form prescribed by the commissioner.
    (b) Thereafter and upon the appearance or answer of any such person in
  response to such summonses  the  trial  court  or  clerk  thereof  shall
  forthwith  certify  that fact to the registrant, and to the commissioner
  in a manner and form prescribed by the commissioner. In the case  of  an
  administrative  tribunal,  such  certification  shall  be  made  to  the
  registrant and to the commissioner upon compliance with  the  rules  and
  regulations  of such tribunal. Provided, however, that proof provided to
  the commissioner by a registrant in the form of a certification provided
  to such registrant pursuant to this paragraph shall have the same effect
  as proof provided to the commissioner by such  court  or  administrative
  tribunal.
    S 5. Upon the conviction of any person under eighteen years of age who
  resides  within the household of his parent or guardian, the trial court
  or clerk shall forthwith transmit written notice of such  conviction  to
  the  parent  or  guardian  of such minor person; provided, however, that
  transmittal of such notice of conviction shall not be  required  in  any
  case  in  which  notice of arraignment of such person upon the charge or
  charges  of  which  convicted  is  required  by,  and  shall  have  been
  previously  transmitted  as  provided  in,  subdivision  two  of section
  eighteen hundred seven of this chapter.
    6. Notwithstanding any inconsistent provision  of  this  section,  the
  commissioner  may  exempt  by  regulation  additional provisions of this
  chapter or of other laws, ordinances,  rules  or  regulations  from  the
  requirements of subdivisions one and two.
    7.   Any   person  chargeable  with  the  duty  of  reporting  to  the
  commissioner a conviction, bail  forfeiture,  the  fact  that  a  person
  failed  to  appear  or  answer pursuant to a summons, or the fact that a
  person has answered or appeared, or in the  case  of  an  administrative
  tribunal  that  a  person has complied with the rules and regulations of
  said tribunal following entry of a final decision, who wilfully fails or
  neglects to do so, shall be punishable  by  a  fine  of  not  more  than
  twenty-five dollars for each separate offense.

  S 514-a. Notification   of   convictions,   suspensions,  revocations,
  cancellations  and  disqualifications  by   commercial   motor   vehicle
  operators.  1. Each person who operates a commercial motor vehicle for a
  New York state employer who is convicted of violating within or  outside
  of  this  state,  in  any  type  of  motor vehicle, a state or local law
  relating  to  motor  vehicle  traffic  control  (other  than  a  parking
  violation),  shall  notify  his/her current employer of such conviction.
  Any person who  holds  a  commercial  driver's  license  issued  by  the
  commissioner  who  does not operate a commercial motor vehicle for a New
  York state employer or who operates a  commercial  motor  vehicle  while
  self-employed  who  is  convicted  in  any  other state, the District of
  Columbia or a Canadian province of violating any law relating  to  motor
  vehicle traffic control (other than a parking violation) while operating
  a  commercial  motor  vehicle  shall  notify  the  commissioner  of such
  conviction. Such notification must be made within thirty days after  the
  date that the person has been convicted except that if a person is a bus
  driver  as  defined in section five hundred nine-a of this chapter, such
  notification must be made within five days after the date the person has
  been convicted as required  by  section  five  hundred  nine-i  of  this
  chapter.  The above notification must be made in writing and contain the
  following information: (a) driver's  full  name;  (b)  driver's  license
  number;  (c)  date  of  conviction;  (d)  the specific criminal or other
  offense(s), serious traffic violation(s) of state or local law  relating
  to motor vehicle traffic control, for which the person was convicted and
  any  suspension,  revocation,  cancellation of any driving privileges or
  disqualification  from  operating  a  commercial  motor  vehicle   which
  resulted  from  such conviction(s); (e) indication whether the violation
  was in a commercial motor vehicle; (f) location of offense; (g) court or
  tribunal in which the conviction occurred; and (h) driver's signature.
    2. Each person who operates a commercial motor vehicle for a New  York
  state  employer  who  has  a  driver's  license  suspended,  revoked, or
  canceled by the commissioner or by the appropriate  authorities  of  any
  other state, District of Columbia or Canadian province, or who loses the
  right to operate a commercial motor vehicle in any state or jurisdiction
  for any period, or who is disqualified from operating a commercial motor
  vehicle  for  any  period, shall notify his/her current employer of such
  suspension,    revocation,    cancellation,    lost    privilege,     or
  disqualification.

  S 514-b. Certification  of  convictions,  suspensions, revocations and
  disqualifications.  Whenever  the  commissioner   receives   information
  relating  to  a  conviction  or  notice  of  a  suspension,  revocation,
  cancellations and disqualifications of  a  license  or  disqualification
  from operating a commercial motor vehicle through direct notification by
  the  appropriate  officials  of  another  state, District of Columbia or
  Canadian province or through an information system established  pursuant
  to   the  commercial  motor  vehicle  safety  act  of  nineteen  hundred
  eighty-six, public law 99-570, title  XII  and  regulations  promulgated
  thereunder  or  through an admission made by an applicant for a driver's
  license, such information shall be presumptive  evidence  of  the  facts
  contained  therein,  and  the  commissioner  shall take action as may be
  required and may take action as may be permitted by this  chapter  based
  upon such conviction or notice.

    S 514-c. Notification of non-resident commercial operator convictions.
  Within  ten  days  of  the conviction of: (a) any holder of a commercial
  driver's license issued by another state for any violation of  state  or
  local law regulating traffic, other than a parking, stopping or standing
  violation, committed while operating a motor vehicle in this state; or
    (b)  any  holder of a driver's license issued by another state for any
  violation of state  or  local  law  regulating  traffic,  other  than  a
  parking,  stopping  or  standing  violation, committed while operating a
  commercial motor vehicle in this state, the commissioner  shall  provide
  notice  of  such  conviction  to  the  state  which issued such holder's
  commercial driver's license or driver's license.

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Title 5 | Article 20 | s510 | s511 | s512 | s513 | s514 | s515 | s516 | s517

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