N.Y. Vehicle and Traffic Law § 514 : Drivers' Licenses — Vehicle And Traffic — Suspension And Revocation — Certifying convictions, forfeitures and nonappearances to the commissioner and recording convictions

Current through 2016 New York Laws, Chapters 1 to 237

(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 learner's permit or a commercial driver's license issued by another state; or

(ii) does not hold a commercial learner's permit or 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.

(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 or a traffic 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 and in paragraphs (a), (b), (d), (e), (f) and (g) of subdivision two-a 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, the traffic 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 or the traffic 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.

(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.

§ 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.

N.Y. Veh. and Traf. Law § 514

Amended by New York Laws 2015, ch. 59,Sec. ZZ-1, eff. 7/1/2015.

Amended by New York Laws 2015, ch. 58,Sec. CC-12, eff. 7/1/2015.

Amended by New York Laws 2015, ch. 58,Sec. I-6, eff. 7/8/2015.