§ 318 — Revocation of registrations, drivers' licenses and non-resident privileges

§ 318. Revocation of registrations, drivers' licenses and non-resident\nprivileges. 1. (a) Except as otherwise provided in this subdivision, the\ncommissioner, upon receipt of evidence that proof of financial security\nfor any motor vehicle, other than a motorcycle or a motor vehicle\nregistered with registration plates of this state issued in the year\ncorresponding to the model year date in which the vehicle was\nmanufactured pursuant to schedule G of subdivision seven of section four\nhundred one of this chapter, registered in this state is no longer in\neffect shall suspend the registration of such vehicle and the driver's\nlicense of the registrant, in accordance with the provisions of\nsubdivision one-a of this section.\n (b) Such motor vehicle shall not be registered or reregistered in the\nname of such person, or in any other name where the commissioner has\nreasonable grounds to believe that such registration or reregistration\nwill have the effect of defeating the purposes of this article, and no\nother motor vehicle shall be registered in the name of such person\nduring the period of such suspension.\n (c) Suspension shall not be made under this subdivision upon the basis\nof a lapse or termination of insurance if the registration certificate\nand number plates of the motor vehicle are surrendered prior to the time\nat which the termination of insurance becomes effective. Such surrender\nshall be made to such officers of the department as the commissioner\nshall direct, but the registrant at his option may surrender the\nregistration and number plates to any county clerk who is acting as an\nagent of the commissioner pursuant to section two hundred five of this\nchapter. Such county clerk may accept a surrender of registration and\nnumber plates and require the payment of a fee of one dollar whether\nsuch surrender is made before or after the effective date of termination\nof insurance. The county clerk shall retain any such fee which may have\nbeen collected, and shall return such registration certificates and\nnumber plates, or dispose of the same, only as prescribed by the\ncommissioner. For the purposes of this section the expiration of a\nregistration without renewal of such registration shall be deemed to be\na surrender of registration as of the date of expiration.\n (d) Suspension shall not be made under this subdivision upon the basis\nof a lapse or termination of insurance if the vehicle has been, or will\nbe, prior to the date of such lapse or termination, removed from the\nUnited States in North America and the Dominion of Canada for the\npurpose of international traffic, provided that the owner of such\nvehicle, prior to the date of such lapse or termination, has filed with\nthe commissioner a statement, in a form prescribed by him, indicating\nthat the vehicle has been, or will be, so removed, and agreeing to\nnotify the commissioner immediately upon return of the vehicle to the\nUnited States in North America or the Dominion of Canada. Upon receipt\nof the foregoing statement the commissioner shall restrict the use of\nthe registration to such international traffic until new proof of\nfinancial security has been secured for the vehicle.\n (e) Suspension need not be made under this subdivision upon the basis\nof a lapse or termination of insurance if the period of time during\nwhich the motor vehicle remained both registered and uninsured was not\nmore than seven days. The commissioner shall promulgate regulations\ngoverning the conditions under which suspension action may be withheld\npursuant to this paragraph.\n 1-a. (a) The suspension of a registration provided in subdivision one\nof this section shall take effect on the date specified in the order of\nsuspension and shall remain in effect until the registration certificate\nand number plates of the motor vehicle have been surrendered to the\ncommissioner and thereafter for a period of time equal to the time from\nthe date of termination of financial security to the date of such\nsurrender or to the date upon which subsequent financial security was\nobtained or to the date on which the registrant no longer had an\ninsurable interest in the vehicle.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, an order of suspension issued pursuant to paragraph (a) or\n(e) of this subdivision may be terminated if the registrant pays to the\ncommissioner a civil penalty in the amount of eight dollars for each day\nup to thirty days for which financial security was not in effect, plus\nten dollars for each day from the thirty-first to the sixtieth day for\nwhich financial security was not in effect, plus twelve dollars for each\nday from the sixty-first to the ninetieth day for which financial\nsecurity was not in effect. Of each ten dollar penalty collected, eight\ndollars will be deposited in the general fund and two dollars shall be\ndeposited in the dedicated highway and bridge trust fund established\npursuant to section eighty-nine-b of the state finance law and the\ndedicated mass transportation fund established pursuant to section\neighty-nine-c of the state finance law and distributed according to the\nprovisions of subdivision (d) of section three hundred one-j of the tax\nlaw. Of each twelve dollar penalty collected, eight dollars will be\ndeposited into the general fund and four dollars shall be deposited in\nthe dedicated highway and bridge trust fund established pursuant to\nsection eighty-nine-b of the state finance law and the dedicated mass\ntransportation fund established pursuant to section eighty-nine-c of the\nstate finance law and distributed according to the provisions of\nsubdivision (d) of section three hundred one-j of the tax law. The\nforegoing provision shall apply only once during any thirty-six month\nperiod and only if the registrant surrendered the certificate of\nregistration and number plates to the commissioner not more than ninety\ndays from the date of termination of financial security or submits to\nthe commissioner new proof of financial security which took effect not\nmore than ninety days from the termination of financial security.\n (c) No number plates shall be returned to the registrant until proof\nof financial security is submitted to the commissioner.\n (d) The provisions of this subdivision relating to termination of\nsuspension upon payment of a civil penalty shall be applicable to a\nregistrant only one time during any three year period.\n (e) If a registrant has not surrendered his certificate of\nregistration and number plates or obtained financial security within\nninety days from the date of termination of financial security, the\ncommissioner shall suspend the driver's license of any such registrant.\nSuch suspension shall take effect on the date specified in such order\nand shall remain in effect from the date of surrender of such license\nand thereafter for the period of time of the suspension of the\nregistrant's registration.\n (g) Any civil penalty paid pursuant to paragraph (b) of this\nsubdivision shall be separate and distinct from any civil penalty\nassessed pursuant to subdivision five of section three hundred nineteen\nof this chapter.\n 2. (a) The commissioner upon receipt of evidence that the owner of a\nmotor vehicle registered in this state, or an unregistered motor\nvehicle, has operated, or permitted such motor vehicle to be operated\nupon the public highways of this or any other state while proof of\nfinancial security was not in effect with respect to such vehicle, shall\nrevoke the registration, if any, of the vehicle and the driver's\nlicense, if any, of such owner.\n (b) Such motor vehicle shall not be registered in the name of such\nperson, or in any other name where the commissioner has reasonable\ngrounds to believe that such registration will have the effect of\ndefeating the purpose of this article, and no other motor vehicle shall\nbe registered in the name of such person, nor any driver's license\nissued to such person, for a period of one year from the date of such\nrevocation.\n 3. (a) The commissioner, upon receipt of evidence that a person, other\nthan the owner, has operated upon the public highways of this state a\nmotor vehicle registered in this state, or an unregistered motor\nvehicle, with knowledge that proof of financial security was not in\neffect with respect to such vehicle, shall revoke the driver's license\nof such person, or if he is a non-resident, the non-resident driving\nprivileges of such person.\n (b) No new driver's license shall be issued, or non-resident driving\nprivilege restored to such person for a period of one year from the date\nof such revocation.\n (c) This subdivision shall not apply to any person who at the time of\noperation of such motor vehicle had in effect an operator's policy of\nliability insurance, as hereinafter defined, with respect to his\noperation of such vehicle or to a police officer or member of the state\npolice who is compelled to assume the custody and operation of a motor\nvehicle of another because such motor vehicle was (1) stolen from or\nlost by the owner, (2) abandoned, either by the owner or any other\nperson with or without the owner's consent, (3) is being operated by a\nperson disabled so as not to be able to operate it properly, or (4) is\nbeing operated by an intoxicated person.\n 4. (a) The commissioner, upon receipt of evidence that the owner of a\nmotor vehicle not registered in this state has operated or permitted\nsuch motor vehicle to be operated upon the public highways of this state\nwhile proof of financial security was not in effect with respect to such\nvehicle, shall revoke such person's privilege to operate any motor\nvehicle in this state and the privilege of the operation within this\nstate of any motor vehicle owned by him.\n (b) Such non-resident privileges shall not be restored for a period of\none year from the date of such revocation.\n 5. (a) The commissioner, upon receipt of evidence that a person, other\nthan the owner of the vehicle, has operated upon the public highways of\nthis state a motor vehicle not registered in this state, with knowledge\nthat proof of financial security was not in effect with respect to such\nvehicle shall revoke the driver's license of such person, or if he is a\nnon-resident, the non-resident privileges of such person.\n (b) No new driver's license shall be issued, or non-resident privilege\nrestored to such person for a period of one year from the date of such\nrevocation.\n (c) This subdivision shall not apply to any person who at the time of\noperation of such motor vehicle had in effect an operator's policy of\nliability insurance, as hereinafter defined, with respect to his\noperation of such motor vehicle or to a police officer or member of the\nstate police who is compelled to assume the custody and operation of a\nmotor vehicle of another because such motor vehicle was (1) stolen from\nor lost by the owner, (2) abandoned, either by the owner or any other\nperson with or without the owner's consent, (3) is being operated by a\nperson disabled so as not to be able to operate it properly, or (4) is\nbeing operated by an intoxicated person.\n 6. Notice of revocation pursuant to this section may be given to the\nowner of a vehicle registered in this state or to a driver licensed in\nthis state, by mailing the same to such owner or licensee at the address\ncontained in the certificate of registration for the vehicle owned by\nsuch person or to the address contained on his or her driving license or\nto the current address provided by the United States postal service.\n 7. Failure of such owner or licensee to deliver a certificate of\nregistration, number plates or driver's license to the commissioner\nafter revocation thereof or as otherwise provided in section three\nhundred twelve shall constitute a misdemeanor.\n 8. An operator's policy of liability insurance, as used in this\nsection, shall mean a policy issued by an insurance carrier duly\nauthorized to transact business in the state which shall insure the\nperson named therein as insured, against loss from the liability imposed\nupon him by law for damages, including damages for care and loss of\nservices, because of bodily injury to or death of any person and injury\nto or destruction of property arising out of the use by him of any motor\nvehicle not owned by him, subject to the same minimum provisions and\napproval required by subdivision four of section three hundred eleven of\nthis chapter, with respect to an owner's policy of liability insurance.\nWith respect to a non-resident, such policy may also be issued by a\nnon-admitted insurance carrier provided the requirements of this article\nwith respect to issuance of an owner's policy of liability insurance by\nsuch carrier have been met.\n 9. (a) If a motor vehicle has been involved in an accident, and its\nregistration or the driver's license of its operator, or both, have been\nrevoked pursuant to this section, then neither such vehicle nor any\nother motor vehicle shall be registered or reregistered in the name of\nits owner or of any other person legally responsible for its use, nor\nshall any driver's license be issued to such owner, person or operator\nuntil one year has passed since the date of such revocation and, as the\ncase may be, the commissioner has received the payments and evidence\nrequired by paragraph (c) below.\n (b) If a motor vehicle not registered in this state is involved in an\naccident in this state and the privilege of its operation within this\nstate has been revoked, then neither its owner, any person legally\nresponsible for its use nor its operator shall exercise the privilege of\nthe operation of such vehicle within this state or the privilege of\noperation within this state of any motor vehicle, until one year has\npassed since the date of revocation and, as the case may be, the\ncommissioner has received the payments and evidence as required in (c)\nbelow.\n (c) The payments and evidence referred to in paragraphs (a) and (b)\nabove shall be evidence, satisfactory to the commissioner,\n (1) That no cause of action based upon such accident against such\nowner, person legally responsible or operator has been commenced within\na period of one year from the date of the accident or a release thereof\nhas been given to such owner, person or operator, or\n (2) That no judgment arising out of such cause of action for amounts\nwithin the limits stated in paragraph (a) of subdivision four of section\nthree hundred eleven against such owner, person or operator remains\nunsatisfied, except that such registration and licensing privileges may\nbe restored on compliance with the procedures permitting the payment of\na judgment in installments provided in section three hundred thirty-four\nand\n (3) That all civil penalties required to be paid to the department\npursuant to the provisions of subdivision five of section three hundred\nnineteen of this chapter have been paid.\n 10. The provisions of subdivision seven of section five hundred ten of\nthis chapter shall apply to a revocation under this article.\n 11. (a) Where the license or privileges of any person, or the\nregistration of a motor vehicle registered in his name, has been\nsuspended or revoked under article six of this chapter, and the motor\nvehicle accident indemnification corporation or an insurer has paid any\namount towards satisfaction of a judgment against such person, or has\nobtained a judgment against such person as a result of payments made to\nthird parties such license, privileges or registration shall be\nsuspended, or the suspension or revocation thereof shall be continued,\nas provided in this subdivision.\n (b) If the license, privileges or registration of such person has not\nbeen restored, the suspension or revocation thereof shall be continued\npending the satisfaction of the requirements of paragraph (d) of this\nsubdivision.\n (c) If the license, privileges or registration of such person has been\nrestored, the commissioner shall suspend such license or privilege, and\nmay suspend such registration, pending the satisfaction of the\nrequirements of paragraph (d) of this subdivision.\n (d) Such suspensions and revocations shall be continued until such\nperson has repaid to the corporation or to such insurer any amount so\npaid by it together with interest thereon at six per centum per annum\nfrom the date of such payment, unless such person submits to the\nprocedure provided for the payment of judgments in installments under\nsection three hundred thirty-four of this chapter.\n (e) A discharge in bankruptcy shall not relieve a person of the\npenalties and disabilities provided in this article.\n 12. (a) If the owner or operator of a motor vehicle in any manner\ninvolved in an accident occurring in this state resulting in death or\nbodily injuries to any person fails to produce satisfactory evidence as\nproof of financial security within forty-eight hours after the accident,\nthe motor vehicle shall be subject to impoundment and any peace officer,\nacting pursuant to his special duties, or any police officer is\nauthorized to impound and store such motor vehicle. If said motor\nvehicle is subject to impoundment and is not so impounded, the owner or\nhis representative shall cause said motor vehicle to be stored in a\npublic garage or storage place in this state as selected by the owner or\nrepresentative and shall continue such storage for the period of time\nprovided in this section. The aforementioned storage shall constitute\n"impoundment" within the meaning of this section. The cost of storage of\nany such impounded motor vehicle shall be borne by the owner. So long as\nthe impoundment is in force no person shall remove the impounded vehicle\nor permit it to be removed from its place of impoundment except upon the\norder of the commissioner.\n (b) Immediately upon impoundment, the owner or his representative\nshall:\n 1. Notify the bailee of the impounded motor vehicle of the fact that\nthe same is stored as an impounded vehicle,\n 2. Notify the commissioner in writing of the street address and city\nor municipality where said motor vehicle is stored, and\n 3. If the owner is a resident of this state, return the registration\ncertificate and registration plates with respect to such motor vehicle\nto the commissioner.\n If the owner or his representative fails to store said motor vehicle\nas required by subdivision (a) and fails to return such registration\ncertificate and registration plates, the commissioner is authorized to\ndirect any peace officer acting pursuant to his special duties, or\npolice officer to impound and store said motor vehicle at the expense of\nthe owner and to take possession of the registration certificate and\nregistration plates and return the same to the commissioner of motor\nvehicles.\n (c) The impoundment shall continue until (1) there is a final\ndisposition of the claim for death or bodily injury of the person,\nresulting from the accident in which said motor vehicle was involved, by\npayment of a judgment or settlement by the owner, or by a final judgment\nin his favor, or (2) one year has elapsed since the date of the accident\nand no filing has been made pursuant to section five thousand two\nhundred eight of the insurance law, or (3) a release of the motor\nvehicle upon order of the commissioner. The commissioner may order the\nrelease of said motor vehicle upon the depositing with the commissioner\nof taxation and finance of security or a bond in such form and amount as\nmay be approved by the commissioner. If said motor vehicle is not\nreleased from impoundment after the lapse of one year, the commissioner\nmay dispose of it by public sale and remit the proceeds from the sale to\nthe commissioner of taxation and finance to be held pending the final\ndisposition of the claim.\n (d) If repairs to an impounded motor vehicle are desired by the owner,\nhe, with the permission of the commissioner, may authorize the motor\nvehicle to be taken to such repair shop or garage as he may select for\nthe purpose of having it repaired at the owner's expense. Upon\ncompletion of such repairs, the motor vehicle shall be impounded as\nprovided in subdivision (a).\n Where the commissioner is satisfied by such evidence as he deems\nsufficient, that any motor vehicle is so damaged that it cannot be\nrestored to operable condition, he may, in his discretion, upon such\nconditions as he deems proper, consent to the release of said motor\nvehicle from impoundment.\n (e) No owner of a motor vehicle subject to impoundment hereunder shall\ntransfer title to said motor vehicle nor his interest therein unless he\nfurnishes to the commissioner security, in an amount which the\ncommissioner is satisfied is equivalent to the value of said vehicle or\nhis interest therein.\n (f) Nothing herein contained shall affect the rights or remedies of\nany person holding a prior valid lien on an impounded vehicle, including\nthe right to take possession, existing at the effective date of this\nsection or the right of the bailee to a lien for storage of the\nimpounded vehicle; provided, that such person shall, after the sale of\nsuch vehicle for the satisfaction of any liens thereon, remit to the\ncommissioner as deposits of security under this article on behalf of the\nformer owner or purchaser of such vehicle any sums which such owner or\npurchaser would otherwise be entitled to receive.\n (g) Any person who wilfully violates any of the provisions of this\nsubdivision shall, in addition to any other penalty provided by law, be\nliable to the people of this state for a penalty in an amount not less\nthan one hundred dollars nor more than one thousand dollars for each\nviolation.\n 13. (a) Subject to the provisions of paragraph (b), no revocation or\nsuspension order shall be issued pursuant to this section, or if such\nrevocation or suspension order has been issued, it shall be terminated,\nif the commissioner shall determine that the person involved was not\naware of the fact that financial security was not in effect and the\nfailure to have such financial security in effect was caused solely by\nthe negligence or malfeasance of a person other than such person.\n (b) The burden of proving lack of knowledge that financial security\nwas not in effect and that such failure resulted solely from the\nnegligence or malfeasance of another shall be upon the person seeking to\navoid revocation or suspension action. Such facts shall be established\nby clear and convincing evidence, either by the submission of affidavits\nor at a hearing called in the discretion of the commissioner.\n 14. No registration and/or license, which has been revoked pursuant to\nthis section because the holder was convicted of driving without\ninsurance in violation of subdivision one of section three hundred\nnineteen of this chapter, shall be restored until all civil penalties,\nrequired to be paid to the department pursuant to the provisions of\nsubdivision five of section three hundred nineteen of this chapter, have\nbeen paid.\n 15. Notwithstanding any provisions of this section, a restricted use\nlicense or privilege of operating a motor vehicle in this state may be\nissued to a person who has had his license or such privilege revoked or\nsuspended pursuant to any provision of this section in accordance with\narticle twenty-one-A of this chapter.\n