§ 510 — Suspension, revocation and reissuance of licenses and registrations

New York § 510

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 5: Drivers' Licenses
• Art. 20: Suspension and Revocation

Text

§ 510. Suspension, revocation and reissuance of licenses and\nregistrations. 1. Who may suspend or revoke. Any magistrate, justice or\njudge, in a city, in a town, or in a village, any supreme court justice,\nany county judge, any judge of a district court, the superintendent of\nstate police and the commissioner of motor vehicles or any person\ndeputized by him, shall have power to revoke or suspend the license to\ndrive a motor vehicle or motorcycle of any person, or in the case of an\nowner, the registration, as provided herein.\n A learner's permit, or a license which has expired but is renewable,\nshall be deemed a license within the meaning of this section.\n 2. Mandatory revocations and suspensions. a. Mandatory revocations.\nSuch licenses shall be revoked and such registrations may also be\nrevoked where the holder is convicted:\n (i) of homicide or assault arising out of the operation of a motor\nvehicle or motorcycle or criminal negligence in the operation of a motor\nvehicle or motorcycle resulting in death, whether the conviction was had\nin this state or elsewhere;\n (ii) pursuant to section twenty-three hundred eighty-five of title\neighteen of the United States code, of the crime of advocating the\noverthrow of government, whether the conviction was had in this state or\nelsewhere;\n (iii) of any violation of subdivision two of section six hundred or\nsection three hundred ninety-two or of a local law or ordinance making\nit unlawful to leave the scene of an accident without reporting;\n (iv) of a third or subsequent violation, committed within a period of\neighteen months, of any provision of section eleven hundred eighty of\nthis chapter, any ordinance or regulation limiting the speed of motor\nvehicles and motorcycles or any provision constituted a misdemeanor by\nthis chapter, not included in subparagraphs (i) or (iii) of this\nparagraph, except violations of subdivision one of section three hundred\nseventy-five of this chapter or of subdivision one of section four\nhundred one of this chapter and similar violations under any local law,\nordinance or regulation committed by an employed driver if the offense\noccurred while operating, in the course of his employment, a vehicle not\nowned by said driver, whether such three or more violations were\nrepetitions of the same offense or were different offenses;\n (v) of a violation for the conviction of which any such license is\nsubject to revocation under subdivision two of section five hundred\nten-b;\n (vi) of a violation of any provision of section eleven hundred\neighty-two of this chapter;\n (vii) of a second violation of any provision of section eleven hundred\neighty-two committed within a period of three years of a previous\nviolation of the aforesaid section shall result in a license revocation\nof one year;\n (viii) of a third violation, committed within a period of three years,\nof any provision of subdivision a of section eleven hundred seventy-four\nof this chapter;\n (ix) of a violation of section twelve hundred twenty-four of this\nchapter, other than a violation adjudicated by the environmental control\nboard of a city having a population of one million or more pursuant to\nsubdivision seven of such section, and fails to pay the fine imposed\nthereon pursuant to subdivision seven of such section;\n (x) of a traffic infraction for a subsequent violation of article\ntwenty-six of this chapter and the commission of such violation caused\nserious physical injury to another person and such subsequent violation\noccurred within eighteen months of a prior violation of any provision of\narticle twenty-six of this chapter where the commission of such prior\nviolation caused the serious physical injury or death of another person;\n (xi) of a traffic infraction for a subsequent violation of article\ntwenty-six of this chapter and the commission of such violation caused\nthe death of another person and such subsequent violation occurred\nwithin eighteen months of a prior violation of any provision of article\ntwenty-six of this chapter where the commission of such prior violation\ncaused the serious physical injury or death of another person;\n (xii) of a second or subsequent conviction of a violation of section\ntwelve hundred twenty-five-c or section twelve hundred twenty-five-d of\nthis chapter committed where such person is the holder of a probationary\nlicense, as defined in subdivision four of section five hundred one of\nthis title, at the time of the commission of such violation and such\nsecond or subsequent violation was committed within six months following\nthe restoration or issuance of such probationary license; or\n (xiii) of a second or subsequent conviction of a violation of section\ntwelve hundred twenty-five-c or section twelve hundred twenty-five-d of\nthis chapter committed where such person is the holder of a class DJ or\nMJ learner's permit or a class DJ or MJ license at the time of the\ncommission of such violation and such second or subsequent violation was\ncommitted within six months following the restoration of such permit or\nlicense.\n b. Mandatory suspensions. Such licenses shall be suspended, and such\nregistrations may also be suspended:\n (i) for a period of sixty days where the holder is convicted of a\nviolation for the conviction of which such license is subject to\nsuspension pursuant to subdivision one of section five hundred ten-b;\n (ii) when the holder forfeits bail given upon being charged with any\nof the offenses mentioned in this subdivision, until the holder submits\nto the jurisdiction of the court in which he forfeited bail; and\n (iii) such registrations shall be suspended when necessary to comply\nwith subdivision nine of section one hundred forty or subdivision four\nof section one hundred forty-five of the transportation law or with an\nout of service order issued by the United States department of\ntransportation. The commissioner shall have the authority to deny a\nregistration or renewal application to any other person for the same\nvehicle and may deny a registration or renewal application for any other\nmotor vehicle registered in the name of the applicant where it has been\ndetermined that such registrant's intent has been to evade the purposes\nof this subdivision and where the commissioner has reasonable grounds to\nbelieve that such registration or renewal will have the effect of\ndefeating the purposes of this subdivision. Any suspension issued\npursuant to this subdivision by reason of an out of service order issued\nby the United States department of transportation shall remain in effect\nuntil such time as the commissioner is notified by the United States\ndepartment of transportation or the commissioner of transportation that\nthe order resulting in the suspension is no longer in effect.\n (iv) For a period of not less than thirty nor greater than one hundred\neighty days where the holder is convicted of the crime of assault in the\nfirst, second or third degree as defined in article one hundred twenty\nof the penal law, where such offense was committed against a traffic\nenforcement agent employed by the city of New York or the city of\nBuffalo while such agent was enforcing or attempting to enforce the\ntraffic regulations of such city.\n (vi) for a period of sixty days where the holder is convicted of a\nviolation of subdivision one of section twelve hundred twenty-b of this\nchapter within a period of eighteen months of a previous violation of\nsuch subdivision.\n (vii) for a period of ninety days where the holder is convicted of a\nviolation of subdivision one of section twelve hundred twenty-b of this\nchapter within a period of eighteen months of two or more previous\nviolations of such subdivision.\n (ix) For a period of three months where the holder is sentenced to a\nlicense suspension pursuant to paragraph (a) of subdivision five of\nsection sixty-five-b of the alcoholic beverage control law, provided\nhowever, that, in accordance with such subdivision five, such\nsuspension shall be only a license suspension.\n (x) For a period of six months where the holder is sentenced to a\nlicense suspension pursuant to paragraph (b) of subdivision five of\nsection sixty-five-b of the alcoholic beverage control law, provided\nhowever, that, in accordance with such subdivision five, such\nsuspension shall be only a license suspension.\n (xi) For a period of one year or until the holder reaches the age of\ntwenty-one, whichever is the greater period of time, where the holder is\nsentenced to a license suspension pursuant to paragraph (c) of\nsubdivision five of section sixty-five-b of the alcoholic beverage\ncontrol law, provided however, that, in accordance with such subdivision\nfive, such suspension shall be only a license suspension.\n (xii) for a period of one year where the holder is convicted of, or\nreceives a youthful offender or juvenile delinquency adjudication in\nconnection with a violation of section 240.62 or subdivision five of\nsection 240.60 of the penal law.\n (xiii) for a period of sixty days where the holder is convicted of two\nor more violations of paragraph two of subdivision (d) or subdivision\n(f) of section eleven hundred eighty of this chapter.\n (xiv) for a period of forty-five days where the holder is convicted of\na traffic infraction for a first violation of article twenty-six of this\nchapter and the commission of such violation caused serious physical\ninjury to another person, except: (A) where the holder is convicted of a\ntraffic infraction for a first violation of section eleven hundred\nforty-six of this chapter and the commission of such violation caused\nserious physical injury to another person, the suspension shall be for a\nperiod of six months; and (B) where the holder is convicted of a traffic\ninfraction for a second violation of section eleven hundred forty-six of\nthis chapter and the commission of such violation caused serious\nphysical injury to another person, and such person has previously been\nconvicted of a traffic infraction for a violation of section eleven\nhundred forty-six of this chapter and the commission of such violation\ncaused serious physical injury to another person within five years, the\nsuspension shall be for a period of one year.\n (xv) for a period of seventy-five days where the holder is convicted\nof a traffic infraction for a first violation of article twenty-six of\nthis chapter and the commission of such violation caused the death of\nanother person.\n (xvi) for a period of one hundred twenty days where the holder is\nconvicted of a violation of section twelve hundred twenty-five-c or\nsection twelve hundred twenty-five-d of this chapter when such violation\nwas committed while such holder had a probationary license, as defined\nin subdivision four of section five hundred one of this title.\n (xvii) for a period of one hundred twenty days where the holder is\nconvicted of a violation of section twelve hundred twenty-five-c or\nsection twelve hundred twenty-five-d of this chapter when such violation\nwas committed while such holder had a class DJ or MJ learner's permit or\na class DJ or MJ license.\n c. Application of mandatory revocations and suspensions to\nnon-residents and to unlicensed persons. Whenever a non-resident or a\nperson who is unlicensed is convicted of any violation or receives a\nyouthful offender or juvenile delinquency adjudication in conjunction\nwith a violation of section 240.62 or subdivision five of section 240.60\nof the penal law, which would require the revocation or suspension of a\nlicense, pursuant to the provisions of this chapter, if the person so\nconvicted or adjudicated was the holder of a license issued by the\ncommissioner, such non-resident's privilege of operating a motor vehicle\nin this state or such unlicensed person's privilege of obtaining a\nlicense issued by the commissioner shall be revoked or suspended, and\nsuch non-resident's privilege of operation within this state of any\nmotor vehicle owned by such person or such unlicensed person's privilege\nof obtaining a registration issued by the commissioner may be suspended\nas if such non-resident or unlicensed person was the holder of a license\nissued by the commissioner. The provisions of subdivisions six and seven\nof this section shall be applicable to any such suspension or\nrevocation.\n d. Mandatory suspensions; vehicles over eighteen thousand pounds. A\nlicense or privilege shall be suspended by the commissioner for a period\nof sixty days, where the holder is convicted of a violation of\nsubdivision (g) of section eleven hundred eighty of this chapter, and\n(i) the recorded or entered speed upon which the conviction was based\nexceeded the applicable speed limit by more than twenty miles per hour\nor (ii) the recorded or entered speed upon which the conviction was\nbased exceeded the applicable speed limit by more than ten miles per\nhour and the vehicle was either (A) in violation of any rules or\nregulations involving an out-of-service defect relating to brake\nsystems, steering components and/or coupling devices, or (B)\ntransporting flammable gas, radioactive materials or explosives.\nWhenever a license is suspended pursuant to this paragraph, the\ncommissioner shall immediately issue a restricted license provided the\nholder of such license is otherwise eligible to receive such restricted\nlicense, except that no such restricted license shall be valid for the\noperation of a vehicle with a GVWR of more than eighteen thousand pounds\nand further provided that issuing a license to such person does not\ncreate a substantial traffic safety hazard.\n 2-a. Mandatory suspension and revocation of a license and registration\nin certain cases. (a) Within seven days after conviction for a violation\nof any local law which prohibits the knowing operation or offering to\noperate or permitting the operation for hire of any vehicle as a\ntaxicab, livery, as defined in section one hundred twenty-one-e of this\nchapter, coach, limousine, van or wheelchair accessible van or tow truck\nwithin the state without first having obtained an appropriate license\ntherefor from the appropriate licensing authority and appropriate\nfor-hire insurance from the appropriate insurance agency, the taxi and\nlimousine commission or other local body having jurisdiction over such\noffenses with respect to such vehicles shall provide notice of such\nconviction to the commissioner in a manner agreed upon between any such\nlocal body and the commissioner. Upon receipt of such notice, the\ncommissioner shall suspend the license of such operator and the\nregistration of such vehicle for a period of sixty days.\n (b) Within seven days after conviction for a violation of any local\nlaw which prohibits the knowing operation or offering to operate or\npermitting the operation for hire of any vehicle as a taxicab, livery,\nas defined in section one hundred twenty-one-e of this chapter, coach,\nlimousine, van or wheelchair accessible van or tow truck within the\nstate without first having obtained an appropriate license therefor from\nthe appropriate licensing authority and appropriate for-hire insurance\nfrom the appropriate insurance agency where the operator has, within the\nprevious five years, been convicted of any such violation, the taxi and\nlimousine commission or other local body having jurisdiction over such\noffenses with respect to such vehicles shall provide notice to the\ncommissioner in a manner agreed upon between any such local body and the\ncommissioner. Upon receipt of such notice, the commissioner shall revoke\nthe license of such operator.\n (c) Within seven days after conviction for a violation of any local\nlaw which prohibits the knowing operation or offering to operate or\npermitting the operation for hire of any vehicle as a taxicab, livery,\nas defined in section one hundred twenty-one-e of this chapter, coach,\nlimousine, van or wheelchair accessible van or tow truck within the\nstate without first having obtained an appropriate license therefor from\nthe appropriate licensing authority and appropriate for-hire insurance\nfrom the appropriate insurance agency where the registrant has, within\nthe previous five years, been convicted of any such violation, the taxi\nand limousine commission or other local body having jurisdiction over\nsuch offenses with respect to such vehicles shall provide notice to the\ncommissioner in a manner agreed upon between any such local body and the\ncommissioner. Upon receipt of such notice, the commissioner shall revoke\nthe registration of such vehicle, and no new registration shall be\nissued for at least six months, nor thereafter, except in the discretion\nof the commissioner.\n (d) The provisions of this subdivision shall not apply to any taxicab\nor livery as defined in section one hundred twenty-one-e of this\nchapter, coach, limousine, van or wheelchair accessible van or tow truck\nlicensed or permitted for such operation by the appropriate local body\nof any other municipality, the department of transportation, the\nmetropolitan transportation authority or the interstate commerce\ncommission.\n 3. Permissive suspensions and revocations. Such licenses and\nregistrations and the privilege of a non-resident of operating a motor\nvehicle in this state and of operation within this state of any motor\nvehicle owned by him and the privilege of an unlicensed person of\nobtaining a license issued by the commissioner and of obtaining a\nregistration issued by the commissioner may be suspended or revoked:\n a. for any violation of the provisions of this chapter, except section\neleven hundred ninety-two, or for any violation of a local ordinance or\nregulation prohibiting dangerous driving as shall, in the discretion of\nthe officer acting hereunder, justify such revocation or suspension;\n b. because of some physical or mental disability of the holder, the\ncourt commitment of the holder to an institution under the jurisdiction\nof the department of mental hygiene or the disability of the holder by\nreason of intoxication or the use of drugs;\n c. because of the conviction of the holder at any time of a felony;\n d. for habitual or persistent violation of any of the provisions of\nthis chapter, or of any lawful ordinance, rule or regulation made by\nlocal authorities in relation to traffic;\n e. for gross negligence in the operation of a motor vehicle or\nmotorcycle or operating a motor vehicle or motorcycle in a manner\nshowing a reckless disregard for life or property of others;\n f. for knowingly permitting or suffering any motor vehicle or\nmotorcycle under the direction or control of the holder to be used in\naid or furtherance of the commission of any crime;\n g. for preventing lawful identification of any motor vehicle or\nmotorcycle under the holder's direction or control, or evading lawful\narrest or prosecution while operating such motor vehicle or motorcycle;\n h. for wilfully evading lawful prosecution in this state or in another\nstate or jurisdiction for an offense committed therein against the motor\nvehicle or traffic laws thereof;\n i. for habitual or persistent violation of any provisions of this\nchapter, and/or any lawful ordinance, rule or regulation made by local\nauthorities in relation to traffic, and/or violations committed in a\ncommercial motor vehicle of any law, statute, ordinance, rule or\nregulation in relation to traffic made by any other state, District of\nColumbia, Canadian province or local authority of such state, district\nor province;\n j. except as provided in subdivision one herein or section eleven\nhundred ninety-three of this chapter upon the conviction of a person\nunder eighteen years of age of any crime or in the case of an\nadjudication of youthful offender under nineteen years of age, such\nlicense or registration may be suspended or revoked for a maximum period\nof one year by the judge or justice sentencing him;\n k. for a period of up to ninety days because of the conviction of the\nholder of the offenses of menacing as defined in section 120.15 of the\npenal law, where such offense was committed against a traffic\nenforcement agent employed by the city of New York or the city of\nBuffalo while such agent was enforcing or attempting to enforce the\ntraffic regulations of such city.\n 3-a. Opportunity to be heard and temporary suspensions. Where\nrevocation or suspension is permissive, the holder, unless he shall\nwaive such right, shall have an opportunity to be heard except where\nsuch revocation or suspension is based solely on a court conviction or\nconvictions or on a court commitment to an institution under the\njurisdiction of the department of mental hygiene. A license or\nregistration, or the privilege of a non-resident of operating a motor\nvehicle in this state or of the operation within this state of any motor\nvehicle owned by him, may, however, be temporarily suspended without\nnotice, pending any prosecution, investigation or hearing.\n 4. Administrative action pursuant to interstate compact. a. Such\nlicenses may be suspended where pursuant to any compact or agreement\nauthorized by section five hundred seventeen of this chapter the holder\nthereof is issued a summons for a moving traffic violation, is not\ndetained or required to furnish bail or collateral and fails to appear\nin response to such summons. Such suspension shall remain in effect only\nuntil such holder submits to the jurisdiction of the court in which such\nsummons is returnable.\n b. If notification is received by the commissioner pursuant to any\ncompact or agreement authorized by section five hundred sixteen-b of\nthis article that the holder of a New York license or an unlicensed New\nYork resident has been convicted of an offense set forth in such compact\nor agreement, such conviction, for the purpose of administrative action\nwhich must or may be taken by the commissioner pursuant to the\nprovisions of this section, shall be deemed to be a conviction of an\noffense committed within this state in accordance with the provisions of\nsuch compact or agreement.\n 4-a. Suspension for failure to answer an appearance ticket. (a) Upon\nreceipt of a court notification of the failure of a person to appear\nwithin sixty days of the return date or new subsequent adjourned date,\npursuant to an appearance ticket charging said person with a violation\nof any of the provisions of this chapter (except one for parking,\nstopping, or standing), of any violation of the tax law or of the\ntransportation law regulating traffic or of any lawful ordinance or\nregulation made by a local or public authority, relating to traffic\n(except one for parking, stopping, or standing) the commissioner or his\nor her agent may suspend the driver's license or privileges of such\nperson pending receipt of notice from the court that such person has\nappeared in response to such appearance ticket or has paid or has\nentered into an installment payment plan to pay the fine associated with\na conviction entered as a result of the failure to appear in response to\nsuch appearance ticket, or the defendant has been acquitted of the\ncharge that led to the suspension or such charge was otherwise\ndismissed. Such suspension shall take effect no less than thirty days\nfrom the day upon which an initial notice thereof is sent by the\ncommissioner to the person whose driver's license or privileges are to\nbe suspended, provided that the commissioner shall send such person at\nleast two notices thereof, including such initial notice, at least\nfifteen days apart during such period. Any suspension issued pursuant to\nthis paragraph shall be subject to the provisions of paragraph (j-l) of\nsubdivision two of section five hundred three of this chapter.\n (b) The provisions of paragraph (a) of this subdivision shall not\napply to a registrant who was not operating a vehicle, but who was\nissued a summons or an appearance ticket for a violation of section\nthree hundred eighty-five, section four hundred one or section five\nhundred eleven-a of this chapter. Upon the receipt of a court\nnotification of the failure of such person to appear within sixty days\nof the return date or a new subsequent adjourned date, pursuant to an\nappearance ticket charging said person with such violation, or the\nfailure of such person to pay a fine imposed by a court, the\ncommissioner or his or her agent may suspend the registration of the\nvehicle or vehicles involved in such violation or privilege of operation\nof any motor vehicle owned by the registrant pending receipt of notice\nfrom the court that such person has appeared in response to such\nappearance ticket or has paid such fine. Such suspension shall take\neffect no less than thirty days from the day upon which notice thereof\nis sent by the commissioner to the person whose registration or\nprivilege is to be suspended. Any suspension issued pursuant to this\nparagraph shall be subject to the provisions of paragraph (j-1) of\nsubdivision two of section five hundred three of this chapter.\n (c) Upon receipt of notification from a traffic and parking violations\nagency or a traffic violations agency of the failure of a person to\nappear within sixty days of the return date or new subsequent adjourned\ndate, pursuant to an appearance ticket charging said person with a\nviolation of:\n (i) any of the provisions of this chapter except one for parking,\nstopping or standing and except those violations described in paragraphs\n(a), (b), (d), (e) and (f) of subdivision two and in paragraphs (a),\n(b), (d), (e), (f) and (g) of subdivision two-a and in paragraphs (a),\n(b), (d), (e), (f) and (g) of subdivision two-b of section three hundred\nseventy-one of the general municipal law;\n (ii) section five hundred two or subdivision (a) of section eighteen\nhundred fifteen of the tax law;\n (iii) section fourteen-f (except paragraph (b) of subdivision four of\nsection fourteen-f), two hundred eleven or two hundred twelve of the\ntransportation law; or\n (iv) any lawful ordinance or regulation made by a local or public\nauthority relating to traffic (except one for parking, stopping or\nstanding), the commissioner or his or her agent may suspend the driver's\nlicense or privileges of such person pending receipt of notice from the\nagency that such person has appeared in response to such appearance\nticket or has paid or has entered into an installment payment plan to\npay the fine associated with a conviction entered as a result of the\nfailure to appear in response to such appearance ticket, or the\ndefendant has been acquitted of the charge that led to the suspension or\nsuch charge was otherwise dismissed. Such suspension shall take effect\nno less than thirty days from the day upon which an initial notice\nthereof is sent by the commissioner to the person whose driver's license\nor privileges are to be suspended, provided that the commissioner shall\nsend such person at least two notices thereof, including such initial\nnotice, at least fifteen days apart during such period. Any suspension\nissued pursuant to this paragraph shall be subject to the provisions of\nparagraph (j-1) of subdivision two of section five hundred three of this\nchapter.\n 4-b. Suspension of registration for failure to answer or to pay fines\nwith respect to certain violations. Upon receipt of certification from a\ncourt or administrative tribunal of appropriate jurisdiction that the\nowner of a motor vehicle or his representative failed to appear on the\nreturn date or dates or any subsequent adjourned date or dates or failed\nto comply with the rules and regulations of an administrative tribunal\nfollowing entry of a final decision or decisions in response to\ntwenty-five or more summonses or other process, issued within an\neighteen month period charging that such motor vehicle is parked,\nstopped or standing in violation of any of the provisions of this\nchapter or of any law, ordinance, rule or regulation made by a local\nauthority, the commissioner shall suspend the registration of such motor\nvehicle. Such suspension shall take effect no less than thirty days from\nthe date on which notice thereof is sent by the commissioner to the\nperson whose registration is to be suspended and shall remain in effect\nas long as the summmons or summonses remain unanswered, or in the case\nof an administrative tribunal, the registrant fails to comply with the\nrules and regulations following the entry of a final decision or\ndecisions.\n * 4-c. Suspension of registration for failure to answer or to pay\nfines with respect to parking, stopping and standing violations. Upon\nreceipt of certification from a court or administrative tribunal of\nappropriate jurisdiction in a city with a population in excess of one\nhundred thousand persons according to the nineteen hundred eighty United\nStates census that the owner of a motor vehicle or his representative\nfollowing compliance by such city with the notice provisions of\nsubdivision two of section two hundred thirty-five of this chapter,\nfailed to appear on the return date or dates or any subsequent adjourned\ndate or dates or failed to comply with the rules and regulations of an\nadministrative tribunal following entry of a final decision or\ndecisions, in response to five or more summonses or other process,\nissued within a twelve month period charging that such motor vehicle is\nparked, stopped or standing in violation of any of the provisions of\nthis chapter or of any law, ordinance, rule or regulation made by a\nlocal authority, the commissioner shall suspend the registration of such\nmotor vehicle. Such suspension shall take effect no less than thirty\ndays from the date on which notice thereof is sent by the commissioner\nto the person whose registration is to be suspended and shall remain in\neffect as long as the summons or summonses remain unanswered, or in the\ncase of an administrative tribunal, the registrant fails to comply with\nthe rules and regulations following the entry of a final decision or\ndecisions.\n * NB Repealed September 1, 2027\n 4-d. Suspension of registration for failure to answer or pay penalties\nwith respect to certain violations. Upon the receipt of a notification\nfrom a court or an administrative tribunal that an owner of a motor\nvehicle failed to appear on the return date or dates or a new subsequent\nadjourned date or dates or failed to pay any penalty imposed by a court\nor failed to comply with the rules and regulations of an administrative\ntribunal following entry of a final decision or decisions, in response\nto five or more notices of liability or other process, issued within an\neighteen month period charging such owner with a violation of toll\ncollection regulations in accordance with the provisions of section two\nthousand nine hundred eighty-five of the public authorities law or\nsections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred\nseventy-four of the laws of nineteen hundred fifty, the commissioner or\nhis agent shall suspend the registration of the vehicle or vehicles\ninvolved in the violation or the privilege of operation of any motor\nvehicle owned by the registrant. Such suspension shall take effect no\nless than thirty days from the date on which notice thereof is sent by\nthe commissioner to the person whose registration or privilege is\nsuspended and shall remain in effect until such registrant has appeared\nin response to such notices of liability or has paid such penalty or in\nthe case of an administrative tribunal, the registrant has complied with\nthe rules and regulations following the entry of a final decision or\ndecisions.\n * 4-e. Suspension and disqualification for failure to make child\nsupport payments or failure to comply with a summons, subpoena or\nwarrant relating to a paternity or child support proceeding. (1) The\ncommissioner, on behalf of the department, shall enter into a written\nagreement with the commissioner of the office of temporary and\ndisability assistance, on behalf of the office of temporary and\ndisability assistance, which shall set forth the procedures for\nsuspending the driving privileges of individuals who have failed to make\npayments of child support or combined child and spousal support.\n (2) Such agreement shall include:\n (i) the procedure under which the office of temporary and disability\nassistance shall notify the department of an individual's liability for\nsupport arrears;\n (ii) the procedure under which the department shall be notified by the\noffice of temporary and disability assistance that an individual has\nsatisfied or commenced payment of his or her support arrears; or has\nmade satisfactory payment arrangements thereon and shall have the\nsuspension of his or her driving privileges terminated;\n (iii) the procedure for reimbursement of the department and its agents\nby the office of temporary and disability assistance for the full\nadditional costs of carrying out the procedures authorized by this\nsection, and may include, subject to the approval of the director of the\nbudget, a procedure for reimbursement of necessary additional costs of\ncollecting social security numbers pursuant to section five hundred two\nof this title;\n (iv) provision for the publicizing of sanctions for nonpayment of\nchild support including the potential for the suspension of delinquent\nsupport obligors' driving privileges if they fail to pay child support\nor combined child and spousal support; and\n (v) such other matters as the parties to such agreement shall deem\nnecessary to carry out provisions of this section.\n (3) Upon receipt of notification from the office of temporary and\ndisability assistance of a person's failure to satisfy support arrears\nor to make satisfactory payment arrangements thereon pursuant to\nparagraph (e) of subdivision twelve of section one hundred eleven-b of\nthe social services law or notification from a court issuing an order\npursuant to section four hundred fifty-eight-a of the family court act\nor section two hundred forty-four-b of the domestic relations law, the\ncommissioner or his or her agent shall suspend the license of such\nperson to operate a motor vehicle. In the event such person is\nunlicensed, such person's privilege of obtaining a license shall be\nsuspended. Such suspension shall take effect no later than fifteen days\nfrom the date of the notice thereof to the person whose license or\nprivilege of obtaining a license is to be suspended, and shall remain in\neffect until such time as the commissioner is advised that the person\nhas satisfied the support arrears or has made satisfactory payment\narrangements thereon pursuant to paragraph (e) of subdivision twelve of\nsection one hundred eleven-b of the social services law or until such\ntime as the court issues an order to terminate such suspension;\n (4) From the time the commissioner is notified by the office of\ntemporary and disability assistance of a person's liability for support\narrears under this section, the commissioner shall be relieved from all\nliability to such person which may otherwise arise under this section,\nand such person shall have no right to commence a court action or\nproceeding or to any other legal recourse against the commissioner to\nrecover such driving privileges as authorized by this section. In\naddition, notwithstanding any other provision of law, such person shall\nhave no right to a hearing or appeal pursuant to this chapter with\nrespect to a suspension of driving privileges as authorized by this\nsection. However, nothing herein shall be construed to prohibit such\nperson from proceeding against the support collection unit pursuant to\narticle seventy-eight of the civil practice law and rules.\n (5) Any person whose license has been suspended pursuant to\nsubdivision three of this section may apply for the issuance of a\nrestricted use license as provided in section five hundred thirty of\nthis title.\n * NB Repealed August 31, 2027\n 4-f. Suspension for failure to pay past-due tax liabilities. (1) The\ncommissioner shall enter into a written agreement with the commissioner\nof taxation and finance, as provided in section one hundred\nseventy-one-v of the tax law, which shall set forth the procedures for\nsuspending the drivers' licenses of individuals who have failed to\nsatisfy past-due tax liabilities as such terms are defined in such\nsection.\n (2) Upon receipt of notification from the department of taxation and\nfinance that an individual has failed to satisfy past-due tax\nliabilities, or to otherwise make payment arrangements satisfactory to\nthe commissioner of taxation and finance, or has failed to comply with\nthe terms of such payment arrangements more than once within a twelve\nmonth period, the commissioner or his or her agent shall suspend the\nlicense of such person to operate a motor vehicle. In the event such\nperson is unlicensed, such person's privilege of obtaining a license\nshall be suspended. Such suspension shall take effect no later than\nfifteen days from the date of the notice thereof provided to the person\nwhose license or privilege of obtaining a license is to be suspended,\nand shall remain in effect until such time as the commissioner is\nadvised that the person has satisfied his or her past-due tax\nliabilities, or has otherwise made payment arrangements satisfactory to\nthe commissioner of taxation and finance.\n (3) From the time the commissioner is notified by the department of\ntaxation and finance under this section, the commissioner shall be\nrelieved from all liability to such person which may otherwise arise\nunder this section, and such person shall have no right to commence a\ncourt action or proceeding or to any other legal recourse against the\ncommissioner to recover such driving privileges as authorized by this\nsection. In addition, notwithstanding any other provision of law, such\nperson shall have no right to a hearing or appeal pursuant to this\nchapter with respect to a suspension of driving privileges as authorized\nby this section.\n (4) Notwithstanding any provision of law to the contrary, the\ndepartment shall furnish the department of taxation and finance with the\ninformation necessary for the proper identification of an individual\nreferred to the department for the purpose of driver's license\nsuspension pursuant to this section and section one hundred\nseventy-one-v of the tax law. This shall include the individual's name,\nsocial security number and any other information the commissioner of\nmotor vehicles deems necessary.\n (5) Any person whose driver's license is suspended pursuant to\nparagraph two of this subdivision may apply for the issuance of a\nrestricted use license as provided in section five hundred thirty of\nthis title.\n 4-g. Suspension of registration for unlawful solicitation of ground\ntransportation services at an airport. Upon the receipt of a\nnotification from a court or an administrative tribunal that an owner of\na motor vehicle was convicted of a second conviction of unlawful\nsolicitation of ground transportation services at an airport in\nviolation of subdivision one of section twelve hundred twenty-b of this\nchapter both of which were committed within a period of eighteen months,\nthe commissioner or his agent shall suspend the registration of the\nvehicle involved in the violation for a period of ninety days; upon the\nreceipt of such notification of a third or subsequent conviction for a\nviolation of such subdivision all of which were committed within a\nperiod of eighteen months, the commissioner or his agent shall suspend\nsuch registration for a period of one hundred eighty days. Such\nsuspension shall take effect no less than thirty days from the date on\nwhich notice thereof is sent by the commissioner to the person whose\nregistration or privilege is suspended. The commissioner shall have the\nauthority to deny a registration or renewal application to any other\nperson for the same vehicle, where it has been determined that such\nregistrant's intent has been to evade the purposes of this subdivision\nand where the commissioner has reasonable grounds to believe that such\nregistration or renewal will have the effect of defeating the purposes\nof this subdivision.\n 4-h. Suspension of registration for covering license plates with a\nlicense plate cover or material appearing to be a number plate or\nobscuring license plates with any material or substance. (a) Upon\nreceipt of a notification from a court or an administrative tribunal\nthat an owner of a motor vehicle has been convicted three or more times\nwithin a period of five years of a violation of subparagraph (ii),\n(ii-a) or (iii) of paragraph (b) of subdivision one of section four\nhundred two of this chapter not arising out of the same incident, the\ncommissioner or the commissioner's agent may suspend the registration of\nthe motor vehicle involved in such violation for a period of ninety\ndays. The commissioner may, in the commissioner's discretion, deny a\nregistration or renewal application to any other person for the same\nvehicle and may deny a registration or renewal application for any other\nmotor vehicle registered in the name of the applicant where the\ncommissioner has determined that such registrant's intent has been to\nevade the purposes of this paragraph and where the commissioner has\nreasonable grounds to believe that such registration or renewal will\nhave the effect of defeating the purposes of this paragraph. Such denial\nshall remain in effect only as long as the suspension entered pursuant\nto this paragraph remains in effect.\n (b) Upon receipt of notification from a court or an administrative\ntribunal that an owner of a motor vehicle has failed to comply with\nparagraph (b) or (c) of subdivision eight of section four hundred two of\nthis chapter, the commissioner or the commissioner's agent may suspend\nthe registration of the motor vehicle involved in such violation and\nsuch suspension shall remain in effect until such time as the\ncommissioner is advised that such owner has complied with such\nparagraphs, as applicable. The commissioner may, in the commissioner's\ndiscretion, deny a registration or renewal application to any other\nperson for the same vehicle and may deny a registration or renewal\napplication for any other motor vehicle registered in the name of the\napplicant where the commissioner has determined that such registrant's\nintent has been to evade the purposes of this paragraph and where the\ncommissioner has reasonable grounds to believe that such registration or\nrenewal will have the effect of defeating the purposes of this\nparagraph. Such denial shall remain in effect only as long as the\nsuspension entered pursuant to this paragraph remains in effect.\n 5. Restoration. A license or registration may be restored by direction\nof the commissioner but not otherwise. Reversal on appeal, of any\nconviction because of which any license or registration has been revoked\nor suspended, shall entitle the holder to restoration thereof forthwith.\nThe privileges of a non-resident may be restored by direction of the\ncommissioner in his discretion but not otherwise.\n 6. Restrictions. a. Where revocation is mandatory hereunder, no new\nlicense shall be issued for at least six months or, in certain cases a\nlonger period as specified in this chapter, nor thereafter, except in\nthe discretion of the commissioner of motor vehicles.\n b. Except as otherwise provided in paragraph c of this subdivision,\nwhere revocation is mandatory pursuant to subparagraph (iii) of\nparagraph a of subdivision two of this section, no new commercial\ndriver's license shall be issued for at least one year nor thereafter\nexcept in the discretion of the commissioner, except that if such person\nhas previously been found to have refused a chemical test pursuant to\nsection eleven hundred ninety-four of this chapter or has a prior\nconviction of any of the following offenses: any violation of section\neleven hundred ninety-two of this chapter; any violation of subdivision\none or two of section six hundred of this chapter; or has a prior\nconviction of any felony involving the use of a motor vehicle pursuant\nto paragraph (a) of subdivision one of section five hundred ten-a of\nthis article, then such commercial driver's license revocation shall be\npermanent.\n c. Where revocation is mandatory pursuant to subdivision one of\nsection five hundred ten-a of this chapter or subparagraph (iii) of\nparagraph a of subdivision two of this section and the violation of\nsubdivision two of section six hundred of this chapter was committed\nwhile operating a commercial motor vehicle transporting hazardous\nmaterials, no new commercial driver's license shall be issued for at\nleast three years nor thereafter except in the discretion of the\ncommissioner, except that if such person has previously been found to\nhave refused a chemical test pursuant to section eleven hundred\nninety-four of this chapter or has a prior conviction of any of the\nfollowing offenses: any violation of section eleven hundred ninety-two\nof this chapter; any violation of subdivision one or two of section six\nhundred of this chapter; or has a prior conviction of any felony\ninvolving the use of a motor vehicle pursuant to paragraph (a) of\nsubdivision one of section five hundred ten-a of this article, then such\ncommercial driver's license revocation shall be permanent.\n d. The permanent commercial driver's license revocation required by\nparagraphs b and c of this subdivision may be waived by the commissioner\nafter a period of ten years has expired from such sentence provided:\n (i) that during such ten year period such person has not been found to\nhave refused a chemical test pursuant to section eleven hundred\nninety-four of this chapter and has not been convicted of any one of the\nfollowing offenses: any violation of section eleven hundred ninety-two\nof this chapter; any violation of subdivision one or two of section six\nhundred of this chapter; or has a prior conviction of any felony\ninvolving the use of a motor vehicle pursuant to paragraph (a) of\nsubdivision one of section five hundred ten-a of this article;\n (ii) if any of the grounds upon which the permanent commercial\ndriver's license revocation is based involved a finding of refusal to\nsubmit to a chemical test pursuant to section eleven hundred ninety-four\nof this chapter or a conviction of a violation of any subdivision of\nsection eleven hundred ninety-two of this chapter, that such person\nprovides acceptable documentation to the commissioner that such person\nhas voluntarily enrolled in and successfully completed an appropriate\nrehabilitation program; and\n (iii) after such documentation, if required, is accepted, that such\nperson is granted a certificate of relief from disabilities or a\ncertificate of good conduct pursuant to article twenty-three of the\ncorrection law by the court in which such person was last penalized.\n e. Upon a third finding of refusal and/or conviction of any of the\noffenses which require a permanent commercial driver's license\nrevocation, such permanent revocation may not be waived by the\ncommissioner under any circumstances.\n f. Where revocation is mandatory hereunder, based upon a conviction\nhad outside this state, no new license shall be issued until after sixty\ndays from the date of such revocation, nor thereafter, except in the\ndiscretion of the commissioner.\n g. Except as provided in paragraph k of this subdivision, where\nrevocation is permissive, no new license or certificate shall be issued\nby such commissioner to any person until after thirty days from the date\nof such revocation, nor thereafter, except in the discretion of the\ncommissioner after an investigation or upon a hearing, provided,\nhowever, that where the revocation is based upon a failure in a\nreexamination pursuant to section five hundred six of this chapter, a\nlearner's permit may be issued immediately and provided further, that\nwhere revocation is based upon a conviction of a felony, other than a\nfelony relating to the operation of a motor vehicle or motorcycle, a\nlicense shall be issued immediately, if the applicant is otherwise\nqualified and if the application for such license is accompanied by\nconsent in writing issued by the parole or probation authority having\njurisdiction over such applicant.\n h. The provisions of this subdivision shall not apply to revocations\nissued pursuant to sections eleven hundred ninety-three and eleven\nhundred ninety-four of this chapter.\n k. Where revocation is permissive hereunder, based upon a finding of a\nviolation of section three hundred ninety-two or section three hundred\nninety-two-a of this chapter, no new license or certificate shall be\nissued until after one year from the date of such revocation, nor\nthereafter, except in the discretion of the commissioner.\n l. Where revocation is mandatory pursuant to subparagraph (x) of\nparagraph a of subdivision two of this section, no new license shall be\nissued for at least seventy-five days, nor thereafter except in the\ndiscretion of the commissioner.\n m. Where revocation is mandatory pursuant to subparagraph (xi) of\nparagraph a of subdivision two of this section, no new license shall be\nissued for at least one hundred twenty days, nor thereafter except in\nthe discretion of the commissioner.\n n. Notwithstanding the provisions of paragraph a of this subdivision,\nsubdivision two of section five hundred ten-b of this article or\nparagraph (b) of subdivision one of section five hundred ten-c of this\narticle, where revocation is mandatory pursuant to subparagraph (xii) or\nsubparagraph (xiii) of paragraph a of subdivision two of this section,\nno new license shall be issued for at least one year, nor thereafter\nexcept in the discretion of the commissioner.\n o. Notwithstanding the provisions of paragraph a of this subdivision,\nwhere revocation is mandatory pursuant to subparagraph (iii) of\nparagraph a of subdivision two of this section involving a violation of\nsection three hundred ninety-two of this chapter in relation to an\napplication for the commercial driver's license or the commercial\nlearner's permit being revoked, no new commercial driver's license or\ncommercial learner's permit shall be issued for at least one year, nor\nthereafter except in the discretion of the commissioner.\n 7. Miscellaneous provisions. Except as expressly provided, a court\nconviction shall not be necessary to sustain a revocation or suspension.\nRevocation or suspension hereunder shall be deemed an administrative act\nreviewable by the supreme court as such. Notice of revocation or\nsuspension, as well as any required notice of hearing, where the holder\nis not present, may be given by mailing the same in writing to him or\nher at the address contained in his or her license, certificate of\nregistration or at the current address provided by the United States\npostal service, as the case may be. Proof of such mailing by certified\nmail to the holder shall be presumptive evidence of the holder's receipt\nand actual knowledge of such notice. Attendance of witnesses may be\ncompelled by subpoena. Failure of the holder or any other person\npossessing the license card or number plates, to deliver the same to the\nsuspending or revoking officer is a misdemeanor. Suspending or revoking\nofficers shall place such license cards and number plates in the custody\nof the commissioner except where the commissioner shall otherwise\ndirect. If any person shall fail to deliver a license card or number\nplates as provided herein, any police officer, bridge and tunnel officer\nof the Triborough bridge and tunnel authority, or agent of the\ncommissioner having knowledge of such facts shall have the power to\nsecure possession thereof and return the same to the commissioner, and\nthe commissioner may forthwith direct any police officer, bridge and\ntunnel officer of the Triborough bridge and tunnel authority, acting\npursuant to his or her special duties, or agent of the commissioner to\nsecure possession thereof and to return the same to the commissioner.\nFailure of the holder or of any person possessing the license card or\nnumber plates to deliver to any police officer, bridge and tunnel\nofficer of the Triborough bridge and tunnel authority, or agent of the\ncommissioner who requests the same pursuant to this subdivision shall be\na misdemeanor. Notice of revocation or suspension of any license or\nregistration shall be transmitted forthwith by the commissioner to the\nchief of police of the city or prosecuting officer of the locality in\nwhich the person whose license or registration so revoked or suspended\nresides. In case any license or registration shall expire before the end\nof any period for which it has been revoked or suspended, and before it\nshall have been restored as provided in this chapter, then and in that\nevent any renewal thereof may be withheld until the end of such period\nof suspension or until restoration, as the case may be.\n The revocation of a learner's permit shall automatically cancel the\napplication for a license of the holder of such permit.\n No suspension or revocation of a license or registration shall be made\nbecause of a judgment of conviction if the suspending or revoking\nofficer is satisfied that the magistrate who pronounced the judgment\nfailed to comply with subdivision one of section eighteen hundred seven\nof this chapter. In case a suspension or revocation has been made and\nthe commissioner is satisfied that there was such failure, the\ncommissioner shall restore the license or registration or both as the\ncase may be.\n The commissioner shall provide written notice, in a conspicuous, bold\ntype, to all persons having four license suspensions or revocations,\nwhere a fifth license suspension or revocation could result in a charge\nof aggravated unlicensed operation in the first degree pursuant to\nsubparagraph (v) of paragraph (a) of subdivision three of section five\nhundred eleven of this article, that a fifth such suspension or\nrevocation would subject any person charged under such subparagraph (v)\nto a class E felony with a definite sentence which may not exceed two\nyears.\n 8. Cancellation. Upon receipt of a license which has been surrendered\nto the licensing authority of any other jurisdiction as a prerequisite\nto the issuance of a license by such other jurisdiction in accordance\nwith the provisions of the Driver License Compact or any other laws of\nsuch jurisdiction, the commissioner shall cancel such license. Provided,\nhowever, that such license shall not be cancelled if the licensee is a\nresident of this state.\n 9. Railroad vehicle violations. Upon certification by the commissioner\nof transportation that there has been a violation of section\nseventy-six-b of the railroad law, the commissioner of motor vehicles\nmay rescind, cancel or suspend the registration of any motor vehicle\ndescribed in subdivision one of section seventy-six-b of the railroad\nlaw and may rescind, cancel, suspend or take possession of the current\nregistration certificate and number plates of any such motor vehicle.\n 10. Where a youth is determined to be a youthful offender, following a\nconviction of a violation for which a license suspension or revocation\nis mandatory or where a youth receives a juvenile delinquency\nadjudication in conjunction with a violation of section 240.62 or\nsubdivision five of section 240.60 of the penal law, the court shall\nimpose such suspension or revocation as is otherwise required upon\nconviction and, further, shall notify the commissioner of said\nsuspension or revocation and its finding that said violator is granted\nyouthful offender status as is required pursuant to section five hundred\nthirteen of this chapter or received a juvenile delinquency\nadjudication.\n 11. Notwithstanding any contrary provision of law, the division of\ncriminal justice services is authorized to share with the commissioner\nsuch criminal history information in its possession as may be necessary\nto effect the provisions of this chapter.\n