§ 511-A — Facilitating aggravated unlicensed operation of a motor vehicle

§ 511-a. Facilitating aggravated unlicensed operation of a motor\nvehicle. 1. A person is guilty of the offense of facilitating aggravated\nunlicensed operation of a motor vehicle in the third degree when such\nperson consents to the operation upon a public highway of a motor\nvehicle registered in such person's name knowing or having reason to\nknow that the operator of such vehicle is a person whose license or\nprivilege of operating such motor vehicle in this state or privilege of\nobtaining a license issued to operate such motor vehicle by the\ncommissioner is suspended, revoked or otherwise withdrawn by the\ncommissioner and the vehicle is operated upon a public highway by such\nperson.\n 2. Facilitating aggravated unlicensed operation of a motor vehicle in\nthe third degree is a traffic infraction. When a person is convicted\nthereof the sentence of the court must be: (i) a fine of not less than\ntwo hundred dollars nor more than five hundred dollars or (ii) a term of\nimprisonment of not more than fifteen days, or (iii) both.\n 3. A person is guilty of facilitating aggravated unlicensed operation\nof a motor vehicle in the second degree when such person:\n (a) commits the offense of facilitating aggravated unlicensed\noperation of a motor vehicle in the third degree as defined in\nsubdivision one of this section after having been convicted of such\noffense within the preceding eighteen months; or\n (b) consents to the operation upon a public highway of a motor vehicle\nregistered in such person's name knowing or having reason to know that\nthe operator of such vehicle is a person who has in effect three or more\nsuspensions, imposed on at least three separate dates, for failure to\nanswer, appear or pay a fine, pursuant to subdivision three of section\ntwo hundred twenty-six or subdivision four-a of section five hundred ten\nof this chapter; or\n (c) commits the crime of facilitating aggravated unlicensed operation\nof a motor vehicle in the third degree after having been convicted of\nsuch an offense two or more times within the preceding five years.\n For purposes of this subdivision, "motor vehicle" shall mean any\nvehicle for hire, including a taxicab, livery, as defined in section one\nhundred twenty-one-e of this chapter, coach, limousine, van or\nwheelchair accessible van, tow truck, bus or commercial motor vehicle as\ndefined section five hundred nine-a of this chapter.\n Facilitating aggravated unlicensed operation of a motor vehicle in the\nsecond degree is a misdemeanor. When a person is convicted of this crime\npursuant to paragraphs (a) or (b) of this subdivision, the sentence of\nthe court must be: (i) a fine of not less than five hundred dollars, nor\nmore than seven hundred fifty dollars; or (ii) a term of imprisonment\nnot to exceed sixty days; or (iii) both a fine and imprisonment; or (iv)\nwhere appropriate, a sentence of probation; or (v) a term of\nimprisonment as a condition of a sentence of probation as provided in\nthe penal law. When a person is convicted of this crime pursuant to\nparagraph (c) of this subdivision, the sentence of the court must be:\n(i) a fine of not less than five hundred, nor more than one thousand\ndollars; or (ii) a term of imprisonment not to exceed one hundred eighty\ndays; or (iii) both a fine and imprisonment; or (iv) where appropriate,\na sentence of probation; or (v) a term of imprisonment as a condition of\nprobation as provided in the penal law.\n 4. A person is guilty of facilitating aggravated unlicensed operation\nof a motor vehicle in the first degree when such person consents to the\noperation upon a public highway of a motor vehicle registered in such\nperson's name knowing or having reason to know that the operator of such\nvehicle is a person who has in effect ten or more suspensions, imposed\non at least ten separate dates, for failure to answer, appear or pay a\nfine, pursuant to subdivision three of section two hundred twenty-six or\nsubdivision four-a of section five hundred ten of this chapter.\n For purposes of this subdivision, "motor vehicle" shall mean any\nvehicle for hire, including a taxicab, livery, as defined in section one\nhundred twenty-one-e of this chapter, coach, limousine, van or\nwheelchair accessible van, tow truck, bus or commercial motor vehicle as\ndefined in section five hundred nine-a of this chapter.\n Facilitating aggravated unlicensed operation of a motor vehicle in the\nfirst degree is a class E felony. When a person is convicted of this\ncrime, the sentence of the court must be: (i) a fine in an amount not\nless than one thousand dollars nor more than five thousand dollars; and\n(ii) a term of imprisonment as provided in the penal law; or (iii) where\nappropriate, a sentence of probation; or (iv) a term of imprisonment as\na condition of a sentence of probation as provided in the penal law.\n 5. Upon a conviction of a violation of subdivision three or four of\nthis section the commissioner shall revoke the registration of the motor\nvehicle for which the defendant's consent is given and shall only be\nrestored pursuant to the provisions of subdivision five of section five\nhundred ten of this article. If such defendant is a corporation,\npartnership, association or other group, none of its officers,\nprincipals, directors or stockholders owning more than ten percent of\nthe outstanding stock of the corporation shall be eligible to register\nthe motor vehicle.\n