§ 510-A — Suspension and revocation of commercial driver's licenses

New York § 510-A

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

Text

§ 510-a. Suspension and revocation of commercial driver's licenses. 1.\nRevocation. A commercial driver's license shall be revoked by the\ncommissioner whenever the holder is convicted within or outside of this\nstate (a) of a felony involving the use of a motor vehicle except a\nfelony as described in paragraph (b) of this subdivision; (b) of a\nfelony involving manufacturing, distributing or dispensing a drug as\ndefined in section one hundred fourteen-a of this chapter or possession\nof any such drug with intent to manufacture, distribute or dispense such\ndrug in which a motor vehicle was used; (c) of a violation of\nsubdivision one or two of section six hundred of this chapter; (d) of\noperating a commercial motor vehicle when, as a result of prior\nviolations committed while operating a commercial motor vehicle, the\ndriver's commercial driver's license is revoked, suspended, or canceled,\nor the driver is disqualified from operating a commercial motor vehicle;\n(e) has been convicted of causing a fatality through the negligent\noperation of a commercial motor vehicle, including but not limited to\nthe crimes of vehicular manslaughter or criminally negligent homicide;\nor (f) the commissioner determines that the holder has made a false\nstatement regarding information: (i) required by the federal motor\ncarrier safety improvement act of 1999 and Subpart J of Part 383 of\ntitle 49 of the code of federal regulations relating to a commercial\ndriver's license document in an application for a commercial driver's\nlicense; (ii) required by the federal motor carrier safety improvement\nact of 1999 and Part 383.71 (a) and (g) of title 49 of the code of\nfederal regulations relating to an initial commercial driver's license\nor existing commercial driver's license holder's self-certification in\nany of the self-certifications regarding the type of driving engaged or\nto be engaged in by the holder or regarding the non-applicability to the\nholder of the physical qualification requirements of the federal motor\ncarrier safety improvement act of 1999 and Part 391 of title 49 of the\ncode of federal regulations relating to qualifications of drivers; or\n(iii) required by the federal motor carrier safety improvement act of\n1999 and Part 383.71(h) of title 49 of the code of federal regulations\nrelating to commercial driver's license requirements in any medical\ncertificate.\n 2. Duration of revocation. (a) Except as otherwise provided in\nparagraph (b) of this subdivision, where revocation of a commercial\ndriver's license is mandatory pursuant to paragraph (a), (c), (d), (e)\nor (f) of subdivision one of this section no new commercial driver's\nlicense shall be issued for at least one year nor thereafter except in\nthe discretion of the commissioner, except that for revocations pursuant\nto paragraph (a), (c), (d) or (e) of subdivision one of this section, if\nsuch person has previously been found to have refused a chemical test\npursuant to section eleven hundred ninety-four of this chapter or has a\nprior conviction of any of the following offenses: any violation of\nsection eleven hundred ninety-two of this chapter, any violation of\nsubdivision one or two of section six hundred of this chapter, or any\nfelony involving the use of a motor vehicle pursuant to paragraph (a) of\nsubdivision one of this section, or has been convicted of operating a\ncommercial motor vehicle when, as a result of prior violations committed\nwhile operating a commercial motor vehicle, the driver's commercial\ndriver's license is revoked, suspended, or canceled, or the driver is\ndisqualified from operating a commercial motor vehicle, or has been\nconvicted of causing a fatality through the negligent operation of a\ncommercial motor vehicle, including but not limited to the crimes of\nvehicular manslaughter or criminally negligent homicide, then such\ncommercial driver's license revocation shall be permanent.\n (b) Where revocation is mandatory pursuant to paragraph (a), (c), (d)\nor (e) of subdivision one of this section and the commercial motor\nvehicle was transporting hazardous materials, no new commercial driver's\nlicense shall be issued for at least three years nor thereafter except\nin the discretion of the commissioner, except that if such person has\npreviously 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 any felony\ninvolving the use of a motor vehicle pursuant to paragraph (a) of\nsubdivision one of this section, or been convicted of operating a\ncommercial motor vehicle when, as a result of prior violations committed\nwhile operating a commercial motor vehicle the driver's commercial\ndriver's license is revoked, suspended, or canceled, or the driver is\ndisqualified from operating a commercial motor vehicle, or has been\nconvicted of causing a fatality through the negligent operation of a\ncommercial motor vehicle, including but not limited to the crimes of\nvehicular manslaughter or criminally negligent homicide, then such\ncommercial driver's license revocation shall be permanent.\n (c) The permanent commercial driver's license revocation required by\nparagraphs (a) and (b) of this subdivision may be waived by the\ncommissioner after a period of ten years has expired from such sentence\nprovided:\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 any felony involving the use of a motor\nvehicle pursuant to paragraph (a) of subdivision one of this section, or\nhas been convicted of operating a commercial motor vehicle when, as a\nresult of prior violations committed while operating a commercial motor\nvehicle, the driver's commercial driver's license is revoked, suspended,\nor canceled, or the driver is disqualified from operating a commercial\nmotor vehicle; or has been convicted of causing a fatality through the\nnegligent operation of a commercial motor vehicle, including but not\nlimited to the crimes of vehicular manslaughter or criminally negligent\nhomicide;\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 enrolled in and successfully completed an appropriate rehabilitation\nprogram; 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 (d) 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 (e) Where revocation is mandatory pursuant to paragraph (b) of\nsubdivision one of this section such revocation shall be permanent and\nmay not be waived by the commissioner under any circumstances.\n 3. Suspension. (a) A commercial driver's license shall be suspended by\nthe commissioner for a period of sixty days where the holder is\nconvicted of two serious traffic violations as defined in subdivision\nfour of this section committed within a three year period, in separate\nincidents whether such convictions occurred within or outside of this\nstate.\n (b) A commercial driver's license shall be suspended by the\ncommissioner for a period of one hundred twenty days where the holder is\nconvicted of three serious traffic violations as defined in subdivision\nfour of this section committed within a three year period, in separate\nincidents whether such convictions occurred within or outside of this\nstate.\n (c) A commercial drivers license shall be suspended by the\ncommissioner for a period of sixty days where the holder is convicted of\na violation of subdivision (g) of section eleven hundred eighty of this\nchapter, and (i) the recorded or entered speed upon which the conviction\nwas based exceeded the applicable speed limit by more than twenty miles\nper hour or (ii) the recorded or entered speed upon which the conviction\nwas based 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.\n (d) A commercial driver's license shall be suspended by the\ncommissioner:\n (i) for a period of one hundred eighty days where the holder was found\nto have operated a commercial motor vehicle designed or used to\ntransport property as defined in subparagraphs (i) and (ii) of paragraph\n(a) of subdivision four of section five hundred one-a of this title, in\nviolation of an out-of-service order as provided for in the rules and\nregulations of the department of transportation whether such violation\nwas committed within this state or was the same or a similar violation\ninvolving an out-of-service order committed outside of this state;\n (ii) for a period of two years if, during any ten-year period, the\nholder is found to have committed two such violations not arising from\nthe same incident whether such violations were committed within or\noutside of the state;\n (iii) for a period of three years if, during any ten-year period, the\nholder is convicted of three or more such violations not arising from\nthe same incident whether such violations were committed within or\noutside of the state;\n (iv) for a period of one hundred eighty days if the holder is found to\nhave operated a commercial motor vehicle designed or used to transport\npassengers or property as defined in subparagraphs (iii) and (v) of\nparagraph (a) of subdivision four of section five hundred one-a of this\ntitle, in violation of an out-of-service order, as provided for in the\nrules and regulations of the department of transportation, while\ntransporting hazardous materials or passengers whether such violation\nwas committed within this state or was the same or a similar violation\ncommitted outside of this state;\n (v) for a period of three years if, during any ten-year period, the\nholder is found to have committed two or more violations, not arising\nfrom the same incident, of operating a commercial motor vehicle designed\nor used to transport passengers or property as defined in subparagraphs\n(iii) and (v) of paragraph (a) of subdivision four of section five\nhundred one-a of this title, in violation of an out-of-service order, as\nprovided for in the rules and regulations of the department of\ntransportation, while transporting hazardous materials or passengers\nwhether such violation was committed within this state or was the same\nor a similar violation involving an out-of-service order committed\noutside of this state.\n (e) A commercial driver's license shall be suspended by the\ncommissioner:\n (i) for a period of sixty days where the holder is convicted of a\nviolation of section eleven hundred seventy-one or section eleven\nhundred seventy-six of this chapter whether such violation was committed\nwithin this state or was the same or a similar violation involving\nrailroad grade crossings committed outside of this state.\n (ii) for a period of one hundred twenty days where the holder is\nconvicted of a second violation of section eleven hundred seventy-one or\nsection eleven hundred seventy-six of this chapter whether such\nviolations were committed within or outside of this state, both of which\nwere committed within a three year period.\n (iii) for a period of one year where the holder is convicted of a\nthird violation of section eleven hundred seventy-one or section eleven\nhundred seventy-six of this chapter whether such violations were\ncommitted within or outside of this state, all of which were committed\nwithin a three year period.\n 4. Serious traffic violations. (a) A serious traffic violation shall\nmean operating a commercial motor vehicle in violation of any provision\nof this chapter or the laws or ordinances of any other state or locality\noutside of this state that restricts or prohibits the use of a hand-held\nmobile telephone or a portable electronic device while operating a\ncommercial motor vehicle or in violation of any provision of this\nchapter or the laws of any other state, the District of Columbia or any\nCanadian province which (i) limits the speed of motor vehicles, provided\nthe violation involved fifteen or more miles per hour over the\nestablished speed limit; (ii) is defined as reckless driving by state or\nlocal law or regulation; (iii) prohibits improper or erratic lane\nchange; (iv) prohibits following too closely; (v) relates to motor\nvehicle traffic (other than parking, standing or stopping) and which\narises in connection with a fatal accident; (vi) operating a commercial\nmotor vehicle without first obtaining a commercial driver's license as\nrequired by section five hundred one of this title; (vii) operating a\ncommercial motor vehicle without a commercial driver's license in the\ndriver's possession; or (viii) operating a commercial motor vehicle\nwithout the proper class of commercial driver's license and/or\nendorsement for the specific vehicle being operated or for the\npassengers or type of cargo being transported.\n (b) Whether any specific violation which occurs without this state is\na serious violation shall be dependent upon whether the state or\nprovince in which the violation occurs, reports such violation to the\ncommissioner as, or deems it to be, a serious traffic violation under\nthe provisions of the federal commercial motor vehicle safety act of\nnineteen hundred eighty-six, public law 99-570, title XII or the motor\ncarrier safety improvement act of 1999, public law 106-159 and\nregulations promulgated thereunder.\n 4-a. Dismissal. The court shall dismiss any charge of operating a\ncommercial motor vehicle without a commercial driver's license in the\ndriver's possession if, between the date the driver is charged with such\nviolation and the appearance date for such violation, the driver\nsupplies the court with proof that he or she held a valid commercial\ndriver's license on the date of such violation. Such driver must also\nsupply such proof to the law enforcement authority that issued the\ncitation, prior to such driver's appearance in court.\n 5. Limitation of effect of revocation or suspension. Any revocation or\nsuspension of a commercial driver's license issued pursuant to this\nsection shall be applicable only to that portion of the holder's\ndriver's license or privilege which permits the operation of commercial\nmotor vehicles, and the commissioner shall immediately issue a license,\nother than a commercial driver's license, to such person, provided that\nsuch person is otherwise eligible to receive such license and further\nprovided that issuing a license to such person does not create a\nsubstantial traffic safety hazard.\n 6. Application of section to persons not holding a commercial driver's\nlicense. Whenever a person who is not the holder of a commercial\ndriver's license issued by the commissioner is convicted of a violation\narising out of the operation of a commercial motor vehicle which would\nrequire the mandatory revocation or suspension of a commercial driver's\nlicense pursuant to this section or clause (i) or (ii) of subparagraph\nfive of paragraph (b) or clause b of subparagraph three of paragraph (e)\nof subdivision two of section eleven hundred ninety-three, or clause c\nof subparagraph one of paragraph (d) of subdivision two of section\neleven hundred ninety-four of this chapter, the privilege of such person\nto operate a commercial motor vehicle and/or to obtain a commercial\ndriver's license issued by the commissioner will be suspended or revoked\nfor the same periods of time and subject to the same conditions provided\nin this section, or clause (i) or (ii) of subparagraph five of paragraph\n(b) or clause b of subparagraph three of paragraph (e) of subdivision\ntwo of section eleven hundred ninety-three, or clause c of subparagraph\none of paragraph (d) of subdivision two of section eleven hundred\nninety-four of this chapter, which would be applicable to the holder of\na commercial driver's license.\n 7. Other revocation or suspension action not prohibited. The\nprovisions of this section shall not be construed to prevent any person\nwho has the authority to suspend or revoke a license to drive or\nprivilege of operating pursuant to section five hundred ten of this\nchapter from exercising any such authority based upon a conviction for\nwhich suspension or revocation of a commercial driver's license by the\ncommissioner is mandated.\n 8. Disqualifications based upon record review. (a) Where the\ncommissioner conducts a state record review pursuant to section 384.206\nof title 49 of the code of federal regulations and he or she determines\nthat: (i) a person applying for a commercial driver's license was\nconvicted outside of this state of an offense set forth in section\n383.51 of title 49 of the code of federal regulations while holding a\ncommercial driver's license issued by another state; and (ii) such other\nstate failed to impose the commercial driver's license disqualification,\nsuspension or revocation set forth in section 383.51 of title 49 of the\ncode of federal regulations for such offense, then the commissioner\nshall immediately suspend such person's commercial driver's license or\nprivilege of operating a commercial motor vehicle. Provided, however,\nthat where such licenses would have been subject to revocation upon a\nconviction for such conduct had it occurred in this state, the\ncommissioner shall revoke such license. Such suspension or revocation\nshall be for the applicable period of time set forth for a conviction\nfor such offense in such section 383.51 as it existed on the date of the\nviolation.\n (b) Any suspension or revocation of a commercial driver's license\nissued pursuant to paragraph (a) of this subdivision shall be applicable\nonly to that portion of the holder's driver's license or privilege which\npermits the operation of commercial motor vehicles, and the commissioner\nshall immediately issue a license, other than a commercial driver's\nlicense, to such person provided that such person is otherwise eligible\nto receive such license and further provided that issuing a license to\nsuch person does not create a substantial traffic safety hazard.\n 9. Application of disqualifications to holders of a commercial\nlearner's permit. Notwithstanding any other provision of law, any\nprovision of this chapter relating to the revocation, suspension,\ndowngrading, disqualification or cancellation of a commercial driver's\nlicense shall apply in the same manner to a commercial learner's permit.\n 10. Consecutive disqualification periods. Notwithstanding any other\nprovision of law, whenever a suspension, revocation or disqualification\napplicable to a commercial driver's license or commercial learner's\npermit is required by Part 383.51 of title 49 of the code of federal\nregulations and thereby imposed pursuant to this section or paragraph b\nor c of subdivision six of section five hundred ten or section eleven\nhundred ninety-three or eleven hundred ninety-four of this chapter, such\nsuspension, revocation or disqualification shall take effect upon the\nexpiration of the minimum period of a suspension, revocation or\ndisqualification required by Part 383.51 of title 49 of the code of\nfederal regulations and thereby imposed pursuant to this section or\nparagraph b or c of subdivision six of section five hundred ten or\nsection eleven hundred ninety-three or eleven hundred ninety-four of\nthis chapter which is currently in effect for such license or permit and\narose from a separate incident. Provided, however, that the term or\nterms of any other suspension, revocation or disqualification applicable\nto a commercial driver's license or commercial learner's permit shall\nrun concurrently if: (a) such suspension, revocation or disqualification\nis not required by Part 383.51 of title 49 of the code of federal\nregulations; or (b) such suspension, revocation or disqualification\narose from the same incident.\n