§ 516 — Driver license compact

§ 516. Driver license compact. 1. The driver license compact is hereby\nenacted into law and entered into with all other jurisdictions joining\ntherein in the form substantially as follows:\n DRIVER LICENSE COMPACT\n ARTICLE I\n FINDINGS AND DECLARATION OF POLICY\n (a) The party states find that:\n (1) The safety of their streets and highways is materially affected by\nthe degree of compliance with state and local laws and ordinances\nrelating to the operation of motor vehicles.\n (2) Violation of such a law or ordinance is evidence that the violator\nengages in conduct which is likely to endanger the safety of persons and\nproperty.\n (3) The continuance in force of a license to drive is predicated upon\ncompliance with laws and ordinances relating to the operation of motor\nvehicles, in whichever jurisdiction the vehicle is operated.\n (b) It is the policy of each of the party states to:\n (1) Promote compliance with the laws, ordinances, and administrative\nrules and regulations relating to the operation of motor vehicles by\ntheir operators in each of the jurisdictions where such operators drive\nmotor vehicles.\n (2) Make the reciprocal recognition of licenses to drive and\neligibility therefor more just and equitable by considering the overall\ncompliance with motor vehicle laws, ordinances and administrative rules\nand regulations as a condition precedent to the continuance or issuance\nof any license by reason of which the licensee is authorized or\npermitted to operate a motor vehicle in any of the party states.\n ARTICLE II\n DEFINITIONS\n As used in this compact:\n (a) "State" means a state, territory or possession of the United\nStates, the District of Columbia, the Commonwealth of Puerto Rico, or a\nprovince of Canada.\n (b) "Home state" means the state which has issued and has the power to\nsuspend or revoke the use of the license or permit to operate a motor\nvehicle.\n (c) "Conviction" means a conviction of any offense related to the use\nor operation of a motor vehicle which is prohibited by state law,\nmunicipal ordinance or administrative rule or regulation, or a\nforfeiture of bail, bond or other security deposited to secure\nappearance by a person charged with having committed any such offense,\nand which conviction or forfeiture is required to be reported to the\nlicensing authority.\n ARTICLE III\n REPORTS OF CONVICTION\n The licensing authority of a party state shall report each conviction\nof a person from another party state occurring within its jurisdiction\nto the licensing authority of the home state of the licensee. Such\nreport shall clearly identify the person convicted; describe the\nviolation specifying the section of the statute, code or ordinance\nviolated; identify the court in which action was taken; indicate whether\na plea of guilty or not guilty was entered, or the conviction was a\nresult of the forfeiture of bail, bond or other security; and shall\ninclude any special findings made in connection therewith.\n ARTICLE IV\n EFFECT OF CONVICTION\n (a) The licensing authority in the home state, for the purposes of\nsuspension, revocation or limitation of the license to operate a motor\nvehicle, shall give the same effect to the conduct reported, pursuant to\narticle III of this compact, as it would if such conduct had occurred in\nthe home state, in the case of convictions for:\n (1) Manslaughter or negligent homicide resulting from the operation of\na motor vehicle;\n (2) Driving a motor vehicle while under the influence of intoxicating\nliquor or a narcotic drug, or under the influence of any other drug to a\ndegree which renders the driver incapable of safely driving a motor\nvehicle;\n (3) Any felony in the commission of which a motor vehicle is used;\n (4) Failure to stop and render aid in the event of a motor vehicle\naccident resulting in the death or personal injury of another.\n (b) If the laws of a party state do not provide for offenses or\nviolations denominated or described in precisely the words employed in\nsubdivision (a) of this article, such party state shall construe the\ndenominations and descriptions appearing in subdivision (a) hereof as\nbeing applicable to and identifying those offenses or violations of a\nsubstantially similar nature and the laws of such party state shall\ncontain such provisions as may be necessary to ensure that full force\nand effect is given to this article.\n ARTICLE V\n APPLICATIONS FOR NEW LICENSES\n Upon application for a license to drive, the licensing authority in a\nparty state shall ascertain whether the applicant has ever held, or is\nthe holder of a license to drive issued by any other party state. The\nlicensing authority in the state where application is made shall not\nissue a license to drive to the applicant if:\n (1) The applicant has held such a license, but the same has been\nsuspended by reason, in whole or in part, of a violation and if such\nsuspension period has not terminated.\n (2) The applicant has held such a license, but the same has been\nrevoked by reason, in whole or in part, of a violation and if such\nrevocation has not terminated, except that after the expiration of one\nyear from the date the license was revoked, such person may make\napplication for a new license if permitted by law. The licensing\nauthority may refuse to issue a license to any such applicant if, after\ninvestigation, the licensing authority determines that it will not be\nsafe to grant to such person the privilege of driving a motor vehicle on\nthe public highways.\n (3) The applicant is the holder of a license to drive issued by\nanother party state and currently in force unless the applicant\nsurrenders such license.\n ARTICLE VI\n APPLICABILITY OF OTHER LAWS\n Except as expressly required by provisions of this compact, nothing\ncontained herein shall be construed to affect the right of any party\nstate to apply any of its other laws relating to licenses to drive to\nany person or circumstance, nor to invalidate or prevent any driver\nlicense agreement or other cooperative arrangement between a party state\nand a non-party state.\n ARTICLE VII\n COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION\n (a) The head of the licensing authority of each party state shall be\nthe administrator of this compact for his state. The administrators,\nacting jointly, shall have the power to formulate all necessary and\nproper procedures for the exchange of information under this compact.\n (b) The administrator of each party state shall furnish to the\nadministrator of each other party state any information or documents\nreasonably necessary to facilitate the administration of this compact.\n ARTICLE VIII\n ENTRY INTO FORCE AND WITHDRAWAL\n (a) This compact shall enter into force and become effective as to any\nstate when it has enacted the same into law.\n (b) Any party state may withdraw from this compact by enacting a\nstatute repealing the same, but no such withdrawal shall take effect\nuntil six months after the executive head of the withdrawing state has\ngiven notice of the withdrawal to the executive heads of all other party\nstates. No withdrawal shall affect the validity or applicability by the\nlicensing authorities of states remaining party to the compact of any\nreport of conviction occurring prior to the withdrawal.\n ARTICLE IX\n CONSTRUCTION AND SEVERABILITY\n This compact shall be liberally construed so as to effectuate the\npurposes thereof. The provisions of this compact shall be severable and\nif any phrase, clause, sentence or provision of this compact is declared\nto be contrary to the constitution of any party state or of the United\nStates or the applicability thereof of any government, agency, person or\ncircumstance is held invalid, the validity of the remainder of this\ncompact and the applicability thereof to any government, agency, person\nor circumstance shall not be affected thereby. If this compact shall be\nheld contrary to the constitution of any state party thereto, the\ncompact shall remain in full force and effect as to the remaining states\nand in full force and effect as to the state affected as to all\nseverable matters.\n (1) As used in the compact, the term "licensing authority" with\nreference to this state shall mean the department of motor vehicles.\nSaid department shall furnish to the appropriate authorities of any\nother party state any information or documents reasonably necessary to\nfacilitate the administration of the compact.\n (2) The compact administrator provided for in article seven of the\ncompact shall not be entitled to any additional compensation on account\nof his service as such administrator, but shall be entitled to expenses\nincurred in connection with his duties and responsibilities as such\nadministrator, in the same manner as for expenses incurred in connection\nwith any other duties or responsibilities of his office or employment.\n (3) As used in the compact, with reference to this state, the term\n"executive head" shall mean the governor.\n (4) The conduct to which effect shall be given pursuant to article\nfour-a of the compact shall be conduct which, if it had occurred in this\nstate, would have constituted an offense or violation within the meaning\nof subparagraphs (i) and (iii) of paragraph (a) of subdivision two,\nparagraph (f) of subdivision three of section five hundred ten and\nsubparagraph seven of paragraph (b) of subdivision two of section eleven\nhundred ninety-three of the vehicle and traffic law.\n (5) In any case where the application of subdivision five of section\nfive hundred ten of the vehicle and traffic law would require or\nauthorize a result different from that required by article five of the\ncompact, said article five shall govern.\n