§ 514 — Certifying convictions, forfeitures and nonappearances to the commissioner and recording convictions

New York § 514

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

Text

§ 514. Certifying convictions, forfeitures and nonappearances to the\ncommissioner and recording convictions. 1. (a) Upon a judgment of\nconviction of any person of (a) homicide or assault arising out of the\noperation of a motor vehicle, (b) criminally negligent homicide arising\nout of the operation of a motor vehicle, (c) a felony involving the use\nof a commercial motor vehicle, (d) a violation of any of the provisions\nof this chapter (except one relating to parking, stopping or standing)\nor (e) a violation of any law, ordinance, rule or regulation made by\nlocal authorities in relation to traffic (except one relating to\nparking, stopping or standing) or upon the forfeiture of bail given upon\na charge of violating any such provision, law, ordinance, rule or\nregulation, the court or the clerk thereof shall within fifteen days\ncertify the facts of the case to the commissioner in such form and in\nsuch manner as may be prescribed by the commissioner, who shall record\nthe same in his office. Such certificate shall be presumptive evidence\nof the facts recited therein. If any such conviction shall be reversed\nupon appeal therefrom, or shall be vacated or set aside, the person\nwhose conviction has been so reversed, vacated or set aside may serve on\nthe commissioner a certified copy of the appropriate order and the\ncommissioner shall thereupon record the same in connection with the\nrecord of such conviction.\n (b) Notwithstanding the provisions of paragraph (a), upon a judgment\nof conviction for any offense for which a mandatory suspension or\nrevocation is required to be imposed, or a permissive suspension or\nrevocation is imposed by the court, the court or the clerk thereof shall\nwithin ninety-six hours of the imposition of sentence file the\ncertificate required by paragraph (a) along with the license, when\nsurrendered at sentencing.\n (c) Notwithstanding the provisions of paragraphs (a) and (b), the\ncommissioner may prescribe time limitations for the reporting of\njudgments of conviction and transmission of such license that are longer\nthan those prescribed by this section for any courts to which this\nsection is applicable.\n (d) Notwithstanding the provisions of paragraphs (a), (b) and (c) of\nthis subdivision, upon a judgment of conviction for a violation of any\nprovisions of this chapter or of any local law, rule, ordinance or\nregulation relating to traffic (except one related to parking, stopping\nor standing), the court or the clerk thereof shall, within ninety-six\nhours of the imposition of the sentence, file the certificate required\nby paragraph (a) of this subdivision, if the person convicted: (i) is\nthe holder of a commercial learner's permit or a commercial driver's\nlicense issued by another state; or (ii) does not hold a commercial\nlearner's permit or a commercial driver's license, but has been issued a\nlicense by another state and is convicted of a violation that was\ncommitted in a commercial motor vehicle, as defined in subdivision four\nof section five hundred one-a of this title.\n 3. (a) Upon the failure of a person to appear or answer, within sixty\ndays of the return date or any subsequent adjourned date, or the failure\nto pay a fine imposed by a court, pursuant to a summons charging him or\nher with a violation of any of the provisions of this chapter (except\none for parking, stopping or standing), section five hundred two or five\nhundred twelve of the tax law, section fourteen-f, two hundred eleven or\ntwo hundred twelve of the transportation law or of any law, ordinance,\nrule or regulation made by a local authority, relating to traffic\n(except for parking, stopping or standing), the trial court or the clerk\nthereof shall within ten days certify that fact to the commissioner, in\nthe manner and form prescribed by the commissioner, who shall record the\nsame in his or her office. Thereafter and upon the appearance of any\nsuch person in response to such summons or the receipt of the fine by\nthe court or such person's entry into an installment payment plan, the\ntrial court or the clerk thereof shall forthwith certify that fact to\nthe commissioner, in the manner and form prescribed by the commissioner.\n (b) Upon the failure of a person to appear or answer, within sixty\ndays of the return date or any subsequent adjourned date, or the failure\nto pay a fine imposed by a traffic and parking violations agency or a\ntraffic violations agency pursuant to a summons charging him or her with\na violation of:\n (1) 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 (2) section five hundred two or subdivision (a) of section eighteen\nhundred fifteen of the tax law;\n (3) 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 (4) any lawful ordinance or regulation made by a local or public\nauthority relating to traffic (except one for parking, stopping or\nstanding);\n the clerk thereof shall within ten days certify that fact to the\ncommissioner, in the manner and form prescribed by the commissioner, who\nshall record the same in his or her office. Thereafter and upon the\nappearance of any such person in response to such summons or the receipt\nof the fine by the agency or such person's entry into an installment\npayment plan, the traffic and parking violations agency, the traffic\nviolations agency or the clerk thereof shall forthwith certify that fact\nto the commissioner, in the manner and form prescribed by the\ncommissioner.\n 4. (a) Upon the failure of the owner of a motor vehicle registered in\nthis state or his representative to appear or answer, on the return date\nor any subsequent adjourned date, or in the case of an administrative\ntribunal fails to comply with the rules and regulations of said tribunal\nfollowing entry of a final decision in response to three or more\nsummonses or other process issued within an eighteen month period,\ncharging that said motor vehicle was parked, stopped or standing in\nviolation of the provisions of this chapter or any law, ordinance, rule\nor regulation made by a local authority, the trial court or\nadministrative tribunal of appropriate jurisdiction may certify that\nfact to the commissioner in the manner and form prescribed by the\ncommissioner, who may record the same in his office.\n (b) Upon such certification, the trial court, the clerk thereof, or\nthe administrative tribunal shall notify the registrant by certified or\nregistered mail, return receipt requested, that the commissioner shall\ndeny the registration or renewal application until proof from the court\nwherein the charges were pending is provided to the commissioner by such\ncourt, administrative tribunal, or registrant that such registrant has\nanswered or appeared, or in the case of an administrative tribunal\nprovides proof that such registrant has complied with the rules and\nregulations of said tribunal following entry of a final decision.\nThereafter and upon the appearance or answer of any such person in\nresponse to such summonses the trial court or clerk thereof shall\nforthwith certify that fact to the registrant, and to the commissioner\nin a manner and form prescribed by the commissioner. In the case of an\nadministrative tribunal such certification shall be made to the\nregistrant and to the commissioner upon compliance with the rules and\nregulations of such tribunal. Provided, however, that proof provided to\nthe commissioner by a registrant in the form of a certification provided\nto such registrant pursuant to this paragraph shall have the same effect\nas proof provided to the commissioner by such court or administrative\ntribunal.\n (c) At least sixty days prior to renewal date the commissioner shall\nnotify the registrant that unless he complies with the provisions of\nthis section as set forth above, his registration or renewal thereof,\nwill be denied.\n 4-a. (a) Upon the failure of the owner of a motor vehicle registered\nin this state or his representative to appear or answer, on the return\ndate or dates or any subsequent adjourned date or dates, or in the case\nof an administrative tribunal, fails to comply with the rules and\nregulations of said tribunal following entry of a final decision or\ndecisions, in response to twenty or more summonses or other process\nissued within an eighteen month period, charging that said motor vehicle\nwas parked, stopped or standing in violation of the provisions of this\nchapter or any law, ordinance, rule or regulation made by a local\nauthority, the trial court or administrative tribunal of appropriate\njurisdiction may certify that fact to the commissioner in the manner and\nform prescribed by the commissioner.\n (b) Thereafter and upon the appearance or answer of any such person in\nresponse to such summonses the trial court or clerk thereof shall\nforthwith certify that fact to the registrant, and to the commissioner\nin a manner and form prescribed by the commissioner. In the case of an\nadministrative tribunal, such certification shall be made to the\nregistrant and to the commissioner upon compliance with the rules and\nregulations of such tribunal. Provided, however, that proof provided to\nthe commissioner by a registrant in the form of a certification provided\nto such registrant pursuant to this paragraph shall have the same effect\nas proof provided to the commissioner by such court or administrative\ntribunal.\n § 5. Upon the conviction of any person under eighteen years of age who\nresides within the household of his parent or guardian, the trial court\nor clerk shall forthwith transmit written notice of such conviction to\nthe parent or guardian of such minor person; provided, however, that\ntransmittal of such notice of conviction shall not be required in any\ncase in which notice of arraignment of such person upon the charge or\ncharges of which convicted is required by, and shall have been\npreviously transmitted as provided in, subdivision two of section\neighteen hundred seven of this chapter.\n 6. Notwithstanding any inconsistent provision of this section, the\ncommissioner may exempt by regulation additional provisions of this\nchapter or of other laws, ordinances, rules or regulations from the\nrequirements of subdivisions one and two.\n 7. Any person chargeable with the duty of reporting to the\ncommissioner a conviction, bail forfeiture, the fact that a person\nfailed to appear or answer pursuant to a summons, or the fact that a\nperson has answered or appeared, or in the case of an administrative\ntribunal that a person has complied with the rules and regulations of\nsaid tribunal following entry of a final decision, who wilfully fails or\nneglects to do so, shall be punishable by a fine of not more than\ntwenty-five dollars for each separate offense.\n