§ 338 — Application to non-resident, other persons

New York § 338

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 3: Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions
• Art. 7: Motor Vehicle Safety Responsibility Act

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§ 338. Application to non-resident, other persons. (a) Whenever, by\nthe laws of this state, the commissioner has the power to suspend or\nrevoke a license if the operator or chauffeur were a resident, the\ncommissioner shall have similar power to suspend or revoke the license\nor to forbid the operation of a motor vehicle in this state owned by\nsuch operator or chauffeur if the operator or chauffeur is a\nnon-resident. And whenever by the laws of this state the commissioner\nhas the power to suspend or revoke the registration certificates and\nregistration plates if the owner were a resident, the commissioner shall\nhave similar power to forbid the operation within this state of any\nmotor vehicle if the owner is a non-resident.\n (b) All of the provisions of this article shall apply to any person\nwho is not a resident of this state under the same circumstances as they\nwould apply to a resident; and, in such event, such a non-resident shall\nnot operate any motor vehicle in this state nor shall any motor vehicle\nowned by him be operated in this state, unless and until such\nnon-resident or the owner of the motor vehicle, if another person, has\ncomplied with the requirements of this article with respect to\nfurnishing security and giving proof of financial responsibility in the\nfuture.\n (c) Upon conviction of a non-resident or in case of any unsatisfied\njudgment rendered against a non-resident which conviction or unsatisfied\njudgment results in suspension of such non-resident's driving privileges\nin this state and/or the prohibition of the operation within this state\nof any motor vehicle owned by such non-resident, the commissioner shall\ntransmit a certified copy of any record of any such conviction or any\nsuch unsatisfied judgment or any other action pursuant to this article\nresulting in suspension of a non-resident's driving privileges in this\nstate and/or the prohibition of the operation within this state of any\nmotor vehicle owned by such non-resident to the motor vehicle\ncommissioner or officer performing the functions of a commissioner in\nthe state in which such non-resident resides.\n In case a non-resident's failure to comply with the provisions of\nsection three hundred thirty-five results in suspension of such\nnon-resident's rights and privileges in this state and/or prohibition of\nthe operation within the state of any motor vehicle owned by such\nnon-resident, the commissioner shall transmit a certified copy of the\nrecord of such action to the motor vehicle commissioner or officer\nperforming the functions of the commissioner in the state in which such\nnon-resident resides, if the law of such other state provides for action\nin relation thereto similar to that provided for in subdivision (d) of\nthis section.\n (d) The commissioner shall take action as required anywhere in this\narticle, upon receiving proper evidence that any resident of this state,\nhas in any other state had his driving privileges suspended and/or the\noperation of any motor vehicle owned by him prohibited pursuant to a law\nof such other state providing for such suspension or prohibition because\nof a conviction or because of an unsatisfied judgment which would\nrequire the commissioner to suspend a non-resident's driving privileges\nhad such a conviction or judgment been rendered in this state against a\nnon-resident, provided, however, that no suspension or prohibition shall\nbe effective until twenty days have elapsed from the date upon which\nnotice of suspension shall have been mailed to the operator or owner\nduring which period such operator or owner shall be permitted to submit\nevidence of satisfaction of the judgment or other evidence relating\nthereto.\n Upon receipt of a certification that the operating privilege of a\nresident of this state has been suspended, revoked or cancelled in any\nsuch other state pursuant to a law providing for its suspension,\nrevocation or cancellation for failure to deposit security for the\npayment of a judgment as may arise out of a motor vehicle accident under\ncircumstances which would require the commissioner to suspend a\nnon-resident's operating privilege had the accident occurred in this\nstate, the commissioner shall suspend the license of such resident if he\nwas the operator, and all of his registrations if he was the owner of a\nmotor vehicle involved in such accident. Such suspension shall continue\nuntil such resident furnishes evidence of his compliance with the law of\nsuch other state relating to the deposit of such security.\n (e) The word "state" when used in this section shall, unless the\ncontext clearly indicates otherwise, mean any state, territory or\npossession of the United States, the District of Columbia or any\nprovince of the Dominion of Canada.\n