Speeding & Speed Limits
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Article 30 | Speed Restrictions |
Section 1180 | Basic rule and maximum limits. |
Section 1180-a | Maximum speed limits. |
Section 1181 | Minimum speed regulations. |
Section 1182 | Speed contests and races. |
Section 1182-a | Multijurisdictional speed contests, races and similar special events. |
Section 1182-b | Filming of movies, commercials and similar events. |
Article 20 | Suspension and revocation |
Section 510 | Suspension, revocation and reissuance of licenses and registrations. |
§ 1180. Basic rule and maximum limits. (a) No person shall drive a
vehicle at a speed greater than is reasonable and prudent under the
conditions and having regard to the actual and potential hazards then
existing.
(b) Except as provided in subdivision (g) of this section and except
when a special hazard exists that requires lower speed for compliance
with subdivision (a) of this section or when maximum speed limits have
been established as hereinafter authorized, no person shall drive a
vehicle at a speed in excess of fifty-five miles per hour.
(c) Except as provided in subdivision (g) of this section, whenever
maximum school speed limits have been established on a highway adjacent
to a school as authorized in section sixteen hundred twenty, sixteen
hundred twenty-two, sixteen hundred thirty, sixteen hundred forty-three
or sixteen hundred sixty-two-a, no person shall drive in excess of such
maximum school speed limits during:
(1) school days at times indicated on the school zone speed limit
sign, provided, however, that such times shall be between the hours of
seven o'clock A.M. and six o'clock P.M. or alternative times within such
hours; or
(2) a period when the beacons attached to the school zone speed limit
sign are flashing and such sign is equipped with a notice that indicates
that the school zone speed limit is in effect when such beacons are
flashing, provided, however, that such beacons shall only flash during
student activities at the school and up to thirty minutes immediately
before and up to thirty minutes immediately after such student
activities.
(d) 1. Except as provided in subdivision (g) of this section, whenever
maximum speed limits, other than school speed limits, have been
established as authorized in sections sixteen hundred twenty, sixteen
hundred twenty-two, sixteen hundred twenty-three, sixteen hundred
twenty-seven, sixteen hundred thirty, sixteen hundred forty-three,
sixteen hundred forty-four, sixteen hundred fifty-two, sixteen hundred
sixty-two-a, sixteen hundred sixty-three, and sixteen hundred seventy,
no person shall drive in excess of such maximum speed limits at any
time.
2. Except as provided in subdivision (g) of this section, whenever
maximum speed limits, other than school speed limits, have been
established with respect to any restricted highway as authorized in
section sixteen hundred twenty-five, no person shall drive in excess of
such maximum speed limits at any time.
* (e) The driver of every vehicle shall, consistent with the
requirements of subdivision (a) of this section, drive at an appropriate
reduced speed when approaching and crossing an intersection or railway
grade crossing, when approaching and going around a curve, when
approaching a hill crest, when approaching and passing by an emergency
situation involving any authorized emergency vehicle which is parked,
stopped or standing on a highway and which is displaying one or more red
or combination red, white, and/or blue lights pursuant to the provisions
of paragraph two and subparagraph b of paragraph four of subdivision
forty-one of section three hundred seventy-five of this chapter, when
traveling upon any narrow or winding roadway, and when any special
hazard exists with respect to pedestrians, or other traffic by reason of
weather or highway conditions, including, but not limited to a highway
construction or maintenance work area.
* NB Effective until November 1, 2016
* (e) The driver of every vehicle shall, consistent with the
requirements of subdivision (a) of this section, drive at an appropriate
reduced speed when approaching and crossing an intersection or railway
grade crossing, when approaching and going around a curve, when
approaching a hill crest, when approaching and passing by an emergency
situation involving any authorized emergency vehicle which is parked,
stopped or standing on a highway and which is displaying one or more red
or combination red, white, and/or blue lights pursuant to the provisions
of paragraph two and subparagraph b of paragraph four of subdivision
forty-one of section three hundred seventy-five of this chapter, when
traveling upon any narrow or winding roadway, and when any special
hazard exists with respect to pedestrians, or other traffic by reason of
weather or highway conditions, including, but not limited to a highway
construction or maintenance work area, or when approaching a hazard
vehicle which is parked, stopped or standing on the shoulder or on any
portion of such highway and such hazard vehicle is displaying one or
more amber lights pursuant to the provisions of paragraph three of
subdivision forty-one of section three hundred seventy-five of this
chapter.
* NB Effective November 1, 2016
(f) Except as provided in subdivision (g) of this section and except
when a special hazard exists that requires lower speed for compliance
with subdivision (a) or (e) of this section or when a lower maximum
speed limit has been established, no person shall drive a vehicle
through a highway construction or maintenance work area at a speed in
excess of the posted work area speed limit. The agency having
jurisdiction over the affected street or highway may establish work area
speed limits which are less than the normally posted speed limits;
provided, however, that such normally posted speed limit may exceed the
work area speed limit by no more than twenty miles per hour; and
provided further that no such work area speed limit may be established
at less than twenty-five miles per hour.
(g) (i) No person who uses a radar or laser detector in a vehicle with
a gross vehicle weight rating of more than eighteen thousand pounds, or
a commercial motor vehicle with a gross vehicle weight rating of more
than ten thousand pounds, shall drive at a speed in excess of fifty-five
miles per hour or, if a maximum speed limit other than fifty-five miles
per hour as hereinbefore authorized has been established, at a speed in
excess of such speed limit. The presence in any such vehicle of either:
(1) a radar or laser detector connected to a power source and in an
operable condition; or (2) a concealed radar or laser detector where a
part of such detector is securely affixed to some part of the vehicle
outside of the cab, in a manner which renders the detector not readily
observable, is presumptive evidence of its use by any person operating
such vehicle. Either such presumption shall be rebutted by any credible
and reliable evidence which tends to show that such radar or laser
detector was not in use.
(ii) The provisions of this section shall not be construed as
authorizing the seizure or forfeiture of a radar or laser detector,
unless otherwise provided by law.
(h) Upon a conviction for a violation of subdivision (b), (c), (d),
(f) or (g) of this section, the court shall record the speed upon which
the conviction was based on the certificate required to be filed with
the commissioner pursuant to section five hundred fourteen of this
chapter, or if the conviction occurs in an administrative tribunal
established pursuant to article two-A of this chapter, the speed upon
which the conviction was based shall be entered in the department's
records.
1. Every person convicted of a violation of subdivision (b) or
paragraph one of subdivision (d) of this section shall be punished as
follows:
(i) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
not more than ten miles per hour, by a fine of not less than forty-five
nor more than one hundred fifty dollars;
(ii) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
more than ten miles per hour but not more than thirty miles per hour, by
a fine of not less than ninety nor more than three hundred dollars or by
imprisonment for not more than fifteen days or by both such fine and
imprisonment;
(iii) Where the court or tribunal records or enters that the speed
upon which the conviction was based exceeded the applicable speed limit
by more than thirty miles per hour, by a fine of not less than one
hundred eighty nor more than six hundred dollars, or by imprisonment for
not more than thirty days, or by both such fine and imprisonment.
2. Every person convicted of a violation of subdivision (a) or (e) of
this section shall be punished by a fine of not less than forty-five nor
more than one hundred fifty dollars, or by imprisonment for not more
than fifteen days, or by both such fine and imprisonment.
3. Every person convicted of a violation of paragraph two of
subdivision (d), subdivision (f) or (g) of this section shall be
punished as follows:
(i) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
not more than ten miles per hour, by a fine of not less than ninety nor
more than one hundred fifty dollars;
(ii) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
more than ten miles per hour, but not more than thirty miles per hour,
by a fine of not less than one hundred eighty nor more than three
hundred dollars or by imprisonment for not more than thirty days, or by
both such fine and imprisonment, provided, however, that where the
vehicle is either (A) in violation of any rules or regulations involving
an out-of-service defect relating to brake systems, steering components
and/or coupling devices, or (B) transporting flammable gas, radioactive
materials or explosives, the fine shall be three hundred dollars or
imprisonment for not more than thirty days, or both such fine and
imprisonment;
(iii) Where the court or tribunal records or enters that the speed
upon which the conviction was based exceeded the applicable speed limit
by more than thirty miles per hour, by a fine of not less than three
hundred sixty nor more than six hundred dollars or by imprisonment for
not more than thirty days or by both such fine and imprisonment,
provided, however, that where the vehicle is either (A) in violation of
any rules or regulations involving an out-of-service defect relating to
brake systems, steering components and/or coupling devices, or (B)
transporting flammable gas, radioactive materials or explosives, the
fine shall be six hundred dollars or imprisonment for not more than
thirty days, or both such fine and imprisonment.
4. Every person convicted of a violation of subdivision (c) of this
section when such violation occurs in a school speed zone during a
school day between the hours of seven o'clock A.M. and six o'clock P.M.,
shall be punished as follows:
(i) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
not more than ten miles per hour, by a fine of not less than ninety nor
more than three hundred dollars;
(ii) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
more than ten miles per hour but not more than thirty miles per hour, by
a fine of not less than one hundred eighty nor more than six hundred
dollars or by imprisonment for not more than fifteen days or by both
such fine and imprisonment;
(iii) Where the court or tribunal records or enters that the speed
upon which the conviction was based exceeded the applicable speed limit
by more than thirty miles per hour, by a fine of not less than three
hundred sixty nor more than one thousand two hundred dollars, or by
imprisonment for not more than thirty days, or by both such fine and
imprisonment.
5. Notwithstanding the foregoing provisions of this subdivision, the
maximum fine provided herein for the violation for which the person is
sentenced may be increased by an additional one hundred fifty dollars if
the conviction is for a second violation of any subdivision of this
section where both violations were committed within an eighteen month
period, and the maximum fine provided herein for the violation for which
the person is sentenced may be increased by an additional three hundred
seventy-five dollars if the conviction is for a third or subsequent
violation of any subdivision of this section where all such violations
were committed within an eighteen month period. Where an additional fine
is provided by this paragraph, a sentence of imprisonment for not more
than thirty days may be imposed in place of or in addition to any fine
imposed.
§ 1180-a. Maximum speed limits. 1. Notwithstanding any other provision
of law, no city, village, town, county, public authority, division,
office or department of the state shall maintain or create (a) any speed
limit in excess of fifty-five miles per hour on any road, highway,
parkway or bridge or (b) any speed limit on any other portion of a
public highway, which is not uniformly applicable to all types of motor
vehicles using such portion of highway, if on November first, nineteen
hundred seventy-three, such portion of highway had a speed limit which
was uniformly applicable to all types of motor vehicles using it;
provided however, a lower speed limit may be established for any vehicle
operating under a special permit because of any weight or dimension of
such vehicle, including any load thereon, and (c) provided further,
paragraph (b) of this subdivision shall not apply to any portion of a
highway during such time that the condition of the highway, weather, an
accident, or other condition creates a temporary hazard to the safety of
traffic on such portion of a highway. However, the commissioner of the
department of transportation may establish a maximum speed limit of not
more than sixty-five miles per hour on any state roadway which meets
department criteria for such maximum speed.
2. Notwithstanding the provisions of paragraphs (a) and (b) of
subdivision one of this section, upon The Governor Thomas E. Dewey
Thruway as such term is defined in section three hundred fifty-six of
the public authorities law, the New York state thruway authority may
establish a maximum speed limit of not more than sixty-five miles per
hour provided that such maximum allowable speed limit is established in
accordance with all applicable rules and regulations.
3. Notwithstanding the provisions of paragraphs (a) and (b) of
subdivision one of this section, upon (a) the southern tier expressway
from a point east of the town of Lowman, in the county of Chemung,
thence generally westerly to the Pennsylvania border and from the
Chemung interchange to New York touring route twenty-six, (b) interstate
route eighty-one from the Pennsylvania border in Broome county to the
interchange with New York state touring route twelve in Jefferson
county, (c) the Adirondack northway portion of interstate route
eighty-seven from the interchange with Crescent Road in Saratoga county
to the province of Quebec, (d) interstate route eighty-eight from the
interchange with New York state touring route three hundred sixty-nine
in Broome county to the interchange with interstate route ninety in
Schenectady county, (e) interstate route three hundred ninety, known as
the Genesee Expressway, from the interchange with the southern tier
expressway in Steuben county to the interchange with interstate route
four hundred ninety in Monroe county, (f) interstate route four hundred
ninety from interstate ninety exit forty-five in Ontario county to the
city of Rochester in Monroe county and from interstate ninety exit
forty-seven in Genesee county to the city of Rochester in Monroe county,
(g) interstate route five hundred ninety from the interchange with
interstate route three hundred ninety in Monroe county to the
interchange with interstate route four hundred ninety in Monroe county,
(h) route seventeen from the interchange with New York touring route
three hundred ninety-four to the Pennsylvania border, (i) interstate
route four hundred eighty-one from the southerly interchange with
interstate route eighty-one in Onondaga county to the northerly
interchange with interstate route eighty-one in Onondaga county, (j) New
York state touring route four hundred eighty-one from the northerly
interchange with interstate route eighty-one in Onondaga county to the
city of Fulton in Oswego county, (k) interstate ninety from exit eight,
in the county of Rensselaer, thence generally easterly to the
interchange with the Berkshire section of The Governor Thomas E. Dewey
Thruway, (l) interstate route six hundred ninety, from the city of
Syracuse and town of Geddes border, thence generally westerly to the
interchange with the New York state thruway, (m) New York state touring
route six hundred ninety, from the interchange with the New York state
thruway, thence generally westerly to its intersection with New York
state touring route forty-eight in the town of Lysander, (n) New York
state touring route six hundred ninety-five, from the interchange with
interstate route six hundred ninety approximately 2.3 miles to the
interchange with New York state touring route five, (o) New York state
touring route five from the interchange with New York state touring
route six hundred ninety-five approximately 5.0 miles to the interchange
with New York state touring route one hundred seventy-four in the town
of Camillus, and (p) route five hundred thirty-one from the interchange
with interstate route four hundred ninety in Monroe county to the
interchange with route thirty-six in Monroe county, and (q) United
States route two hundred nineteen, from the interchange with Armor
Duelles Road in the town of Orchard Park, thence generally southerly to
the interchange with New York state route thirty-nine in the town of
Concord, the commissioner of the department of transportation may
establish a maximum speed limit of not more than sixty-five miles per
hour provided that such maximum allowable speed limit is established in
accordance with all applicable rules and regulations.
§ 1181. Minimum speed regulations. (a) No person shall drive a motor
vehicle at such a slow speed as to impede the normal and reasonable
movement of traffic except when reduced speed is necessary for safe
operation or in compliance with law.
(b) Whenever a minimum speed limit has been established as authorized
in sections sixteen hundred twenty or sixteen hundred forty-two, no
person shall drive at a speed less than such minimum speed limit except
when entering upon or preparing to exit from the highway upon which such
a minimum speed limit has been established, when preparing to stop, or
when necessary for safe operation or in compliance with law.
§ 1182. Speed contests and races. 1. Except as provided in section
eleven hundred eighty-two-a of this article or section sixteen hundred
thirty, sixteen hundred forty, sixteen hundred forty-two or sixteen
hundred sixty of this chapter, no races, exhibitions or contests of
speed shall be held and no person shall engage in or aid or abet in any
motor vehicle or other speed contest or exhibition of speed on a
highway. Such event, if held, shall be fully and efficiently patrolled
for the entire distance over which such race, exhibition or contest for
speed is to be held. Participants in a race, exhibition or contest of
speed are exempted from compliance with any traffic laws otherwise
applicable thereto, but shall exercise reasonable care. A violation of
any of the provisions of this section shall constitute a misdemeanor and
be punishable by imprisonment of not more than thirty days or a fine of
not less than three hundred dollars nor more than five hundred
twenty-five dollars, or both such fine and imprisonment.
2. A second conviction within twelve months of a violation of this
section shall be punishable by imprisonment of not more than six months
or a fine of not less than five hundred twenty-five dollars nor more
than seven hundred fifty dollars, or both such fine and imprisonment.
§ 1182-a. Multi-jurisdictional speed contests, races and similar
special events. 1. Notwithstanding any other provision of law to the
contrary, the department of transportation may, by order, rule or
regulation, prohibit or regulate races, speed contests, exhibitions of
speed or other similar special events which are held on public highways
in more than one county. Participants in an approved race, contest, or
exhibition are exempted from compliance with any traffic laws otherwise
applicable thereto, but shall exercise reasonable care. Such rules and
regulations shall include, among other things, provision for adequate
insurance coverage; provision for approval by the municipalities
involved; provision for payment or reimbursement of all the costs and
expenses of the state which are incurred in connection with such an
event; provision for assumption of risk for damages or claims by the
organizer, sponsor, driver, rider or participant in such event;
provision for the closure of or restriction on public use and travel
upon highways or parts thereof for a certain period of time whenever the
state or local police determine such is necessary to protect the public
safety, security, or convenience. Prior to the scheduled date of a
proposed multi-jurisdictional race, speed contest, exhibition of speed
or other similar special event, the sponsor or organizer shall apply, in
writing, to the department of transportation for consideration of and
authorization to conduct such an event. Such application shall be
reviewed by the commissioner of transportation, the commissioner of
economic development and the superintendent of state police, or their
designees. Only if such persons unanimously agree that the proposed
event should take place, the department of transportation shall continue
the review process and shall establish such reasonable requirements as
are necessary to protect the public safety.
2. Notwithstanding any other provision of law to the contrary, no
person or entity shall have the right to bring an action against the
state or municipality or any person employed by the state or
municipality who was acting within the scope of his authority for
damages resulting from or in connection with any such race, contest or
exhibition. In the event of any such claim being brought against any
such individual employed by the state, the provisions of section
seventeen of the public officers law shall apply.
3. The division of state police and the department of commerce are
hereby authorized to provide necessary support and assistance to the
department of transportation in connection with its power to prohibit or
regulate races, speed contests, exhibitions of speed or other similar
special events pursuant to this section.
§ 1182-b. Filming of movies, commercials and similar events. 1.
Notwithstanding any other provision of law to the contrary, the
department of transportation may, by order, rule or regulation, prohibit
or regulate the filming of movies, commercials and similar events on
state highways. Such rules and regulations shall include, among other
things, provision for adequate insurance coverage; provision for
consultation by the production company of any movie, commercial or
similar events with the municipality involved; provision for payment or
reimbursement of all of the costs and expenses of the state which are
incurred in connection with such an event; provision for assumption of
risk for damages or claims by the production company, its employees and
participants in such event; provision for the closure of or restriction
on public use and travel upon highways or parts thereof for a certain
period of time whenever the state police determine such is necessary to
protect the public safety, security, or convenience. Prior to the
scheduled date of the filming of a movie, commercial or other similar
events, the production company shall apply, in writing, to the
department of transportation for consideration of and authorization to
film such an event. Such application shall be reviewed by the
commissioner of transportation, or his designee, the commissioner of
commerce, or his designee, and the superintendent of state police, or
his designee. Only if such persons unanimously agree that the proposed
filming should take place, the department of transportation shall
continue the review process and shall establish such reasonable
requirements as are necessary to protect the public safety.
2. Notwithstanding any other provision of law to the contrary, no
person or entity shall have the right to bring an action against the
state or municipality or any person employed by the state or
municipality who was acting within the scope of his authority for
damages resulting from or in connection with the filming of a movie,
commercial or similar events. In the event of any such claim being
brought against any such individual employed by the state, the
provisions of section seventeen of the public officers law shall apply.
3. The division of state police and department of commerce are hereby
authorized to provide necessary support and assistance to the department
of transportation in connection with its power to prohibit or regulate
the filming of movies, commercials or other similar events pursuant to
this section.
§ 510. Suspension, revocation and reissuance of licenses and
registrations. 1. Who may suspend or revoke. Any magistrate, justice or
judge, in a city, in a town, or in a village, any supreme court justice,
any county judge, any judge of a district court, the superintendent of
state police and the commissioner of motor vehicles or any person
deputized by him, shall have power to revoke or suspend the license to
drive a motor vehicle or motorcycle of any person, or in the case of an
owner, the registration, as provided herein.
A learner's permit, or a license which has expired but is renewable,
shall be deemed a license within the meaning of this section.
2. Mandatory revocations and suspensions. a. Mandatory revocations.
Such licenses shall be revoked and such registrations may also be
revoked where the holder is convicted:
(i) of homicide or assault arising out of the operation of a motor
vehicle or motorcycle or criminal negligence in the operation of a motor
vehicle or motorcycle resulting in death, whether the conviction was had
in this state or elsewhere;
(ii) pursuant to section twenty-three hundred eighty-five of title
eighteen of the United States code, of the crime of advocating the
overthrow of government, whether the conviction was had in this state or
elsewhere;
(iii) of any violation of subdivision two of section six hundred or
section three hundred ninety-two or of a local law or ordinance making
it unlawful to leave the scene of an accident without reporting;
(iv) of a third or subsequent violation, committed within a period of
eighteen months, of any provision of section eleven hundred eighty of
this chapter, any ordinance or regulation limiting the speed of motor
vehicles and motorcycles or any provision constituted a misdemeanor by
this chapter, not included in subparagraphs (i) or (iii) of this
paragraph, except violations of subdivision one of section three hundred
seventy-five of this chapter or of subdivision one of section four
hundred one of this chapter and similar violations under any local law,
ordinance or regulation committed by an employed driver if the offense
occurred while operating, in the course of his employment, a vehicle not
owned by said driver, whether such three or more violations were
repetitions of the same offense or were different offenses;
(v) of a violation for the conviction of which any such license is
subject to revocation under subdivision two of section five hundred
ten-b;
(vi) of a violation of any provision of section eleven hundred
eighty-two of this chapter;
(vii) of a second violation of any provision of section eleven hundred
eighty-two committed within a period of three years of a previous
violation of the aforesaid section shall result in a license revocation
of one year;
(viii) of a third violation, committed within a period of three years,
of any provision of subdivision a of section eleven hundred seventy-four
of this chapter;
(ix) of a violation of section twelve hundred twenty-four of this
chapter, other than a violation adjudicated by the environmental control
board of a city having a population of one million or more pursuant to
subdivision seven of such section, and fails to pay the fine imposed
thereon pursuant to subdivision seven of such section;
(x) of a traffic infraction for a subsequent violation of article
twenty-six of this chapter and the commission of such violation caused
serious physical injury to another person and such subsequent violation
occurred within eighteen months of a prior violation of any provision of
article twenty-six of this chapter where the commission of such prior
violation caused the serious physical injury or death of another person;
(xi) of a traffic infraction for a subsequent violation of article
twenty-six of this chapter and the commission of such violation caused
the death of another person and such subsequent violation occurred
within eighteen months of a prior violation of any provision of article
twenty-six of this chapter where the commission of such prior violation
caused the serious physical injury or death of another person;
(xii) of a second or subsequent conviction of a violation of section
twelve hundred twenty-five-c or section twelve hundred twenty-five-d of
this chapter committed where such person is the holder of a probationary
license, as defined in subdivision four of section five hundred one of
this title, at the time of the commission of such violation and such
second or subsequent violation was committed within six months following
the restoration or issuance of such probationary license; or
(xiii) of a second or subsequent conviction of a violation of section
twelve hundred twenty-five-c or section twelve hundred twenty-five-d of
this chapter committed where such person is the holder of a class DJ or
MJ learner's permit or a class DJ or MJ license at the time of the
commission of such violation and such second or subsequent violation was
committed within six months following the restoration of such permit or
license.
b. Mandatory suspensions. Such licenses shall be suspended, and such
registrations may also be suspended:
(i) for a period of sixty days where the holder is convicted of a
violation for the conviction of which such license is subject to
suspension pursuant to subdivision one of section five hundred ten-b;
(ii) when the holder forfeits bail given upon being charged with any
of the offenses mentioned in this subdivision, until the holder submits
to the jurisdiction of the court in which he forfeited bail; and
(iii) such registrations shall be suspended when necessary to comply
with subdivision nine of section one hundred forty or subdivision four
of section one hundred forty-five of the transportation law. The
commissioner shall have the authority to deny a registration or renewal
application to any other person for the same vehicle and may deny a
registration or renewal application for any other motor vehicle
registered in the name of the applicant where it has been determined
that such registrant's intent has been to evade the purposes of this
subdivision and where the commissioner has reasonable grounds to believe
that such registration or renewal will have the effect of defeating the
purposes of this subdivision.
(iv) For a period of not less than thirty nor greater than one hundred
eighty days where the holder is convicted of the crime of assault in the
first, second or third degree as defined in article one hundred twenty
of the penal law, where such offense was committed against a traffic
enforcement agent employed by the city of New York or the city of
Buffalo while such agent was enforcing or attempting to enforce the
traffic regulations of such city.
(v) For a period of six months where the holder is convicted of, or
receives a youthful offender or other juvenile adjudication in
connection with, any misdemeanor or felony defined in article two
hundred twenty or two hundred twenty-one of the penal law, any violation
of the federal controlled substances act, any crime in violation of
subdivision four of section eleven hundred ninety-two of this chapter or
any out-of-state or federal misdemeanor or felony drug-related offense;
provided, however, that any time actually served in custody pursuant to
a sentence or disposition imposed as a result of such conviction or
youthful offender or other juvenile adjudication shall be credited
against the period of such suspension and, provided further, that the
court shall determine that such suspension need not be imposed where
there are compelling circumstances warranting an exception.
(vi) Pursuant to subparagraph (v) of this paragraph, the magistrate,
justice or judge shall order such suspension or render its findings that
are compelling circumstances warranting an exception at the time of
sentencing. At that time, the judge, justice or magistrate may also
issue an order making said license suspension take effect twenty days
after the date of sentencing and, if this is done, the license holder
shall be given a copy of the order permitting the continuation of
driving privileges.
(vii) In no event shall the commissioner suspend a driver's license
pursuant to subparagraph (v) of this paragraph absent a copy of an order
by the magistrate, justice or judge as provided in subparagraph (vi) of
this paragraph.
(viii) for a period of sixty days where the holder is convicted of a
violation of section twelve hundred twenty-b of this chapter within a
period of eighteen months of a previous violation of such section.
(ix) For a period of three months where the holder is sentenced to a
license suspension pursuant to paragraph (a) of subdivision five of
section sixty-five-b of the alcoholic beverage control law, provided
however, that, in accordance with such subdivision five, such
suspension shall be only a license suspension.
(x) For a period of six months where the holder is sentenced to a
license suspension pursuant to paragraph (b) of subdivision five of
section sixty-five-b of the alcoholic beverage control law, provided
however, that, in accordance with such subdivision five, such
suspension shall be only a license suspension.
(xi) For a period of one year or until the holder reaches the age of
twenty-one, whichever is the greater period of time, where the holder is
sentenced to a license suspension pursuant to paragraph (c) of
subdivision five of section sixty-five-b of the alcoholic beverage
control law, provided however, that, in accordance with such subdivision
five, such suspension shall be only a license suspension.
(xii) for a period of one year where the holder is convicted of, or
receives a youthful offender or juvenile delinquency adjudication in
connection with a violation of section 240.62 or subdivision five of
section 240.60 of the penal law.
(xiii) for a period of sixty days where the holder is convicted of two
or more violations of paragraph two of subdivision (d) or subdivision
(f) of section eleven hundred eighty of this chapter.
(xiv) for a period of forty-five days where the holder is convicted of
a traffic infraction for a first violation of article twenty-six of this
chapter and the commission of such violation caused serious physical
injury to another person, except: (A) where the holder is convicted of a
traffic infraction for a first violation of section eleven hundred
forty-six of this chapter and the commission of such violation caused
serious physical injury to another person, the suspension shall be for a
period of six months; and (B) where the holder is convicted of a traffic
infraction for a second violation of section eleven hundred forty-six of
this chapter and the commission of such violation caused serious
physical injury to another person, and such person has previously been
convicted of a traffic infraction for a violation of section eleven
hundred forty-six of this chapter and the commission of such violation
caused serious physical injury to another person within five years, the
suspension shall be for a period of one year.
(xv) for a period of seventy-five days where the holder is convicted
of a traffic infraction for a first violation of article twenty-six of
this chapter and the commission of such violation caused the death of
another person.
(xvi) for a period of one hundred twenty days where the holder is
convicted of a violation of section twelve hundred twenty-five-c or
section twelve hundred twenty-five-d of this chapter when such violation
was committed while such holder had a probationary license, as defined
in subdivision four of section five hundred one of this title.
(xvii) for a period of one hundred twenty days where the holder is
convicted of a violation of section twelve hundred twenty-five-c or
section twelve hundred twenty-five-d of this chapter when such violation
was committed while such holder had a class DJ or MJ learner's permit or
a class DJ or MJ license.
c. Application of mandatory revocations and suspensions to
non-residents and to unlicensed persons. Whenever a non-resident or a
person who is unlicensed is convicted of any violation or receives a
youthful offender or juvenile delinquency adjudication in conjunction
with a violation of section 240.62 or subdivision five of section 240.60
of the penal law, which would require the revocation or suspension of a
license, pursuant to the provisions of this chapter, if the person so
convicted or adjudicated was the holder of a license issued by the
commissioner, such non-resident's privilege of operating a motor vehicle
in this state or such unlicensed person's privilege of obtaining a
license issued by the commissioner shall be revoked or suspended, and
such non-resident's privilege of operation within this state of any
motor vehicle owned by such person or such unlicensed person's privilege
of obtaining a registration issued by the commissioner may be suspended
as if such non-resident or unlicensed person was the holder of a license
issued by the commissioner. The provisions of subdivisions six and seven
of this section shall be applicable to any such suspension or
revocation.
d. Mandatory suspensions; vehicles over eighteen thousand pounds. A
license or privilege shall be suspended by the commissioner for a period
of sixty days, where the holder is convicted of a violation of
subdivision (g) of section eleven hundred eighty of this chapter, and
(i) the recorded or entered speed upon which the conviction was based
exceeded the applicable speed limit by more than twenty miles per hour
or (ii) the recorded or entered speed upon which the conviction was
based exceeded the applicable speed limit by more than ten miles per
hour and the vehicle was either (A) in violation of any rules or
regulations involving an out-of-service defect relating to brake
systems, steering components and/or coupling devices, or (B)
transporting flammable gas, radioactive materials or explosives.
Whenever a license is suspended pursuant to this paragraph, the
commissioner shall immediately issue a restricted license provided the
holder of such license is otherwise eligible to receive such restricted
license, except that no such restricted license shall be valid for the
operation of a vehicle with a GVWR of more than eighteen thousand pounds
and further provided that issuing a license to such person does not
create a substantial traffic safety hazard.
2-a. Mandatory suspension and revocation of a license and registration
in certain cases. (a) Within seven days after conviction for a violation
of any local law which prohibits the knowing operation or offering to
operate or permitting the operation for hire of any vehicle as a
taxicab, livery, as defined in section one hundred twenty-one-e of this
chapter, coach, limousine, van or wheelchair accessible van or tow truck
within the state without first having obtained an appropriate license
therefor from the appropriate licensing authority and appropriate
for-hire insurance from the appropriate insurance agency, the taxi and
limousine commission or other local body having jurisdiction over such
offenses with respect to such vehicles shall provide notice of such
conviction to the commissioner in a manner agreed upon between any such
local body and the commissioner. Upon receipt of such notice, the
commissioner shall suspend the license of such operator and the
registration of such vehicle for a period of sixty days.
(b) Within seven days after conviction for a violation of any local
law which prohibits the knowing operation or offering to operate or
permitting the operation for hire of any vehicle as a taxicab, livery,
as defined in section one hundred twenty-one-e of this chapter, coach,
limousine, van or wheelchair accessible van or tow truck within the
state without first having obtained an appropriate license therefor from
the appropriate licensing authority and appropriate for-hire insurance
from the appropriate insurance agency where the operator has, within the
previous five years, been convicted of any such violation, the taxi and
limousine commission or other local body having jurisdiction over such
offenses with respect to such vehicles shall provide notice to the
commissioner in a manner agreed upon between any such local body and the
commissioner. Upon receipt of such notice, the commissioner shall revoke
the license of such operator.
(c) Within seven days after conviction for a violation of any local
law which prohibits the knowing operation or offering to operate or
permitting the operation for hire of any vehicle as a taxicab, livery,
as defined in section one hundred twenty-one-e of this chapter, coach,
limousine, van or wheelchair accessible van or tow truck within the
state without first having obtained an appropriate license therefor from
the appropriate licensing authority and appropriate for-hire insurance
from the appropriate insurance agency where the registrant has, within
the previous five years, been convicted of any such violation, the taxi
and limousine commission or other local body having jurisdiction over
such offenses with respect to such vehicles shall provide notice to the
commissioner in a manner agreed upon between any such local body and the
commissioner. Upon receipt of such notice, the commissioner shall revoke
the registration of such vehicle, and no new registration shall be
issued for at least six months, nor thereafter, except in the discretion
of the commissioner.
(d) The provisions of this subdivision shall not apply to any taxicab
or livery as defined in section one hundred twenty-one-e of this
chapter, coach, limousine, van or wheelchair accessible van or tow truck
licensed or permitted for such operation by the appropriate local body
of any other municipality, the department of transportation, the
metropolitan transportation authority or the interstate commerce
commission.
3. Permissive suspensions and revocations. Such licenses and
registrations and the privilege of a non-resident of operating a motor
vehicle in this state and of operation within this state of any motor
vehicle owned by him and the privilege of an unlicensed person of
obtaining a license issued by the commissioner and of obtaining a
registration issued by the commissioner may be suspended or revoked:
a. for any violation of the provisions of this chapter, except section
eleven hundred ninety-two, or for any violation of a local ordinance or
regulation prohibiting dangerous driving as shall, in the discretion of
the officer acting hereunder, justify such revocation or suspension;
b. because of some physical or mental disability of the holder, the
court commitment of the holder to an institution under the jurisdiction
of the department of mental hygiene or the disability of the holder by
reason of intoxication or the use of drugs;
c. because of the conviction of the holder at any time of a felony;
d. for habitual or persistent violation of any of the provisions of
this chapter, or of any lawful ordinance, rule or regulation made by
local authorities in relation to traffic;
e. for gross negligence in the operation of a motor vehicle or
motorcycle or operating a motor vehicle or motorcycle in a manner
showing a reckless disregard for life or property of others;
f. for knowingly permitting or suffering any motor vehicle or
motorcycle under the direction or control of the holder to be used in
aid or furtherance of the commission of any crime;
g. for preventing lawful identification of any motor vehicle or
motorcycle under the holder's direction or control, or evading lawful
arrest or prosecution while operating such motor vehicle or motorcycle;
h. for wilfully evading lawful prosecution in this state or in another
state or jurisdiction for an offense committed therein against the motor
vehicle or traffic laws thereof;
i. for habitual or persistent violation of any provisions of this
chapter, and/or any lawful ordinance, rule or regulation made by local
authorities in relation to traffic, and/or violations committed in a
commercial motor vehicle of any law, statute, ordinance, rule or
regulation in relation to traffic made by any other state, District of
Columbia, Canadian province or local authority of such state, district
or province;
j. except as provided in subdivision one herein or section eleven
hundred ninety-three of this chapter upon the conviction of a person
under eighteen years of age of any crime or in the case of an
adjudication of youthful offender under nineteen years of age, such
license or registration may be suspended or revoked for a maximum period
of one year by the judge or justice sentencing him;
k. for a period of up to ninety days because of the conviction of the
holder of the offenses of menacing as defined in section 120.15 of the
penal law, where such offense was committed against a traffic
enforcement agent employed by the city of New York or the city of
Buffalo while such agent was enforcing or attempting to enforce the
traffic regulations of such city.
3-a. Opportunity to be heard and temporary suspensions. Where
revocation or suspension is permissive, the holder, unless he shall
waive such right, shall have an opportunity to be heard except where
such revocation or suspension is based solely on a court conviction or
convictions or on a court commitment to an institution under the
jurisdiction of the department of mental hygiene. A license or
registration, or the privilege of a non-resident of operating a motor
vehicle in this state or of the operation within this state of any motor
vehicle owned by him, may, however, be temporarily suspended without
notice, pending any prosecution, investigation or hearing.
4. Administrative action pursuant to interstate compact. a. Such
licenses may be suspended where pursuant to any compact or agreement
authorized by section five hundred seventeen of this chapter the holder
thereof is issued a summons for a moving traffic violation, is not
detained or required to furnish bail or collateral and fails to appear
in response to such summons. Such suspension shall remain in effect only
until such holder submits to the jurisdiction of the court in which such
summons is returnable.
b. If notification is received by the commissioner pursuant to any
compact or agreement authorized by section five hundred sixteen-b of
this article that the holder of a New York license or an unlicensed New
York resident has been convicted of an offense set forth in such compact
or agreement, such conviction, for the purpose of administrative action
which must or may be taken by the commissioner pursuant to the
provisions of this section, shall be deemed to be a conviction of an
offense committed within this state in accordance with the provisions of
such compact or agreement.
4-a. Suspension for failure to answer an appearance ticket or to pay a
fine. (a) Upon receipt of a court notification of the failure of a
person to appear within sixty days of the return date or new subsequent
adjourned date, pursuant to an appearance ticket charging said person
with a violation of any of the provisions of this chapter (except one
for parking, stopping, or standing), of any violation of the tax law or
of the transportation law regulating traffic or of any lawful ordinance
or regulation made by a local or public authority, relating to traffic
(except one for parking, stopping, or standing) or the failure to pay a
fine imposed by a court the commissioner or his or her agent may suspend
the driver's license or privileges of such person pending receipt of
notice from the court that such person has appeared in response to such
appearance ticket or has paid such fine. Such suspension shall take
effect no less than thirty days from the day upon which notice thereof
is sent by the commissioner to the person whose driver's license or
privileges are to be suspended. Any suspension issued pursuant to this
paragraph shall be subject to the provisions of paragraph (j-l) of
subdivision two of section five hundred three of this chapter.
(b) The provisions of paragraph (a) of this subdivision shall not
apply to a registrant who was not operating a vehicle, but who was
issued a summons or an appearance ticket for a violation of section
three hundred eighty-five, section four hundred one or section five
hundred eleven-a of this chapter. Upon the receipt of a court
notification of the failure of such person to appear within sixty days
of the return date or a new subsequent adjourned date, pursuant to an
appearance ticket charging said person with such violation, or the
failure of such person to pay a fine imposed by a court, the
commissioner or his or her agent may suspend the registration of the
vehicle or vehicles involved in such violation or privilege of operation
of any motor vehicle owned by the registrant pending receipt of notice
from the court that such person has appeared in response to such
appearance ticket or has paid such fine. Such suspension shall take
effect no less than thirty days from the day upon which notice thereof
is sent by the commissioner to the person whose registration or
privilege is to be suspended. Any suspension issued pursuant to this
paragraph shall be subject to the provisions of paragraph (j-1) of
subdivision two of section five hundred three of this chapter.
(c) Upon receipt of notification from a traffic and parking violations
agency of the failure of a person to appear within sixty days of the
return date or new subsequent adjourned date, pursuant to an appearance
ticket charging said person with a violation of:
(i) any of the provisions of this chapter except one for parking,
stopping or standing and except those violations described in paragraphs
(a), (b), (d), (e) and (f) of subdivision two of section three hundred
seventy-one of the general municipal law;
(ii) section five hundred two or subdivision (a) of section eighteen
hundred fifteen of the tax law;
(iii) section fourteen-f (except paragraph (b) of subdivision four of
section fourteen-f), two hundred eleven or two hundred twelve of the
transportation law; or
(iv) any lawful ordinance or regulation made by a local or public
authority relating to traffic (except one for parking, stopping or
standing) or the failure to pay a fine imposed for such a violation by a
traffic and parking violations agency, the commissioner or his or her
agent may suspend the driver's license or privileges of such person
pending receipt of notice from the agency that such person has appeared
in response to such appearance ticket or has paid such fine. Such
suspension shall take effect no less than thirty days from the day upon
which notice thereof is sent by the commissioner to the person whose
driver's license or privileges are to be suspended. Any suspension
issued pursuant to this paragraph shall be subject to the provisions of
paragraph (j-1) of subdivision two of section five hundred three of this
chapter.
4-b. Suspension of registration for failure to answer or to pay fines
with respect to certain violations. Upon receipt of certification from a
court or administrative tribunal of appropriate jurisdiction that the
owner of a motor vehicle or his representative failed to appear on the
return date or dates or any subsequent adjourned date or dates or failed
to comply with the rules and regulations of an administrative tribunal
following entry of a final decision or decisions in response to
twenty-five or more summonses or other process, issued within an
eighteen month period charging that such motor vehicle is parked,
stopped or standing in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation made by a local
authority, the commissioner shall suspend the registration of such motor
vehicle. Such suspension shall take effect no less than thirty days from
the date on which notice thereof is sent by the commissioner to the
person whose registration is to be suspended and shall remain in effect
as long as the summmons or summonses remain unanswered, or in the case
of an administrative tribunal, the registrant fails to comply with the
rules and regulations following the entry of a final decision or
decisions.
* 4-c. Suspension of registration for failure to answer or to pay
fines with respect to parking, stopping and standing violations. Upon
receipt of certification from a court or administrative tribunal of
appropriate jurisdiction in a city with a population in excess of one
hundred thousand persons according to the nineteen hundred eighty United
States census that the owner of a motor vehicle or his representative
following compliance by such city with the notice provisions of
subdivision two of section two hundred thirty-five of this chapter,
failed to appear on the return date or dates or any subsequent adjourned
date or dates or failed to comply with the rules and regulations of an
administrative tribunal following entry of a final decision or
decisions, in response to five or more summonses or other process,
issued within a twelve month period charging that such motor vehicle is
parked, stopped or standing in violation of any of the provisions of
this chapter or of any law, ordinance, rule or regulation made by a
local authority, the commissioner shall suspend the registration of such
motor vehicle. Such suspension shall take effect no less than thirty
days from the date on which notice thereof is sent by the commissioner
to the person whose registration is to be suspended and shall remain in
effect as long as the summons or summonses remain unanswered, or in the
case of an administrative tribunal, the registrant fails to comply with
the rules and regulations following the entry of a final decision or
decisions.
* NB Repealed September 1, 2017
4-d. Suspension of registration for failure to answer or pay penalties
with respect to certain violations. Upon the receipt of a notification
from a court or an administrative tribunal that an owner of a motor
vehicle failed to appear on the return date or dates or a new subsequent
adjourned date or dates or failed to pay any penalty imposed by a court
or failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision or decisions, in response
to five or more notices of liability or other process, issued within an
eighteen month period charging such owner with a violation of toll
collection regulations in accordance with the provisions of section two
thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty, the commissioner or
his agent shall suspend the registration of the vehicle or vehicles
involved in the violation or the privilege of operation of any motor
vehicle owned by the registrant. Such suspension shall take effect no
less than thirty days from the date on which notice thereof is sent by
the commissioner to the person whose registration or privilege is
suspended and shall remain in effect until such registrant has appeared
in response to such notices of liability or has paid such penalty or in
the case of an administrative tribunal, the registrant has complied with
the rules and regulations following the entry of a final decision or
decisions.
* 4-e. Suspension and disqualification for failure to make child
support payments or failure to comply with a summons, subpoena or
warrant relating to a paternity or child support proceeding. (1) The
commissioner, on behalf of the department, shall enter into a written
agreement with the commissioner of the office of temporary and
disability assistance, on behalf of the office of temporary and
disability assistance, which shall set forth the procedures for
suspending the driving privileges of individuals who have failed to make
payments of child support or combined child and spousal support.
(2) Such agreement shall include:
(i) the procedure under which the office of temporary and disability
assistance shall notify the department of an individual's liability for
support arrears;
(ii) the procedure under which the department shall be notified by the
office of temporary and disability assistance that an individual has
satisfied or commenced payment of his or her support arrears; or has
made satisfactory payment arrangements thereon and shall have the
suspension of his or her driving privileges terminated;
(iii) the procedure for reimbursement of the department and its agents
by the office of temporary and disability assistance for the full
additional costs of carrying out the procedures authorized by this
section, and may include, subject to the approval of the director of the
budget, a procedure for reimbursement of necessary additional costs of
collecting social security numbers pursuant to section five hundred two
of this title;
(iv) provision for the publicizing of sanctions for nonpayment of
child support including the potential for the suspension of delinquent
support obligors' driving privileges if they fail to pay child support
or combined child and spousal support; and
(v) such other matters as the parties to such agreement shall deem
necessary to carry out provisions of this section.
(3) Upon receipt of notification from the office of temporary and
disability assistance of a person's failure to satisfy support arrears
or to make satisfactory payment arrangements thereon pursuant to
paragraph (e) of subdivision twelve of section one hundred eleven-b of
the social services law or notification from a court issuing an order
pursuant to section four hundred fifty-eight-a of the family court act
or section two hundred forty-four-b of the domestic relations law, the
commissioner or his or her agent shall suspend the license of such
person to operate a motor vehicle. In the event such person is
unlicensed, such person's privilege of obtaining a license shall be
suspended. Such suspension shall take effect no later than fifteen days
from the date of the notice thereof to the person whose license or
privilege of obtaining a license is to be suspended, and shall remain in
effect until such time as the commissioner is advised that the person
has satisfied the support arrears or has made satisfactory payment
arrangements thereon pursuant to paragraph (e) of subdivision twelve of
section one hundred eleven-b of the social services law or until such
time as the court issues an order to terminate such suspension;
(4) From the time the commissioner is notified by the office of
temporary and disability assistance of a person's liability for support
arrears under this section, the commissioner shall be relieved from all
liability to such person which may otherwise arise under this section,
and such person shall have no right to commence a court action or
proceeding or to any other legal recourse against the commissioner to
recover such driving privileges as authorized by this section. In
addition, notwithstanding any other provision of law, such person shall
have no right to a hearing or appeal pursuant to this chapter with
respect to a suspension of driving privileges as authorized by this
section. However, nothing herein shall be construed to prohibit such
person from proceeding against the support collection unit pursuant to
article seventy-eight of the civil practice law and rules.
(5) Any person whose license has been suspended pursuant to
subdivision three of this section may apply for the issuance of a
restricted use license as provided in section five hundred thirty of
this title.
* NB Repealed August 31, 2017
4-f. Suspension for failure to pay past-due tax liabilities. (1) The
commissioner shall enter into a written agreement with the commissioner
of taxation and finance, as provided in section one hundred
seventy-one-v of the tax law, which shall set forth the procedures for
suspending the drivers' licenses of individuals who have failed to
satisfy past-due tax liabilities as such terms are defined in such
section.
(2) Upon receipt of notification from the department of taxation and
finance that an individual has failed to satisfy past-due tax
liabilities, or to otherwise make payment arrangements satisfactory to
the commissioner of taxation and finance, or has failed to comply with
the terms of such payment arrangements more than once within a twelve
month period, the commissioner or his or her agent shall suspend the
license of such person to operate a motor vehicle. In the event such
person is unlicensed, such person's privilege of obtaining a license
shall be suspended. Such suspension shall take effect no later than
fifteen days from the date of the notice thereof provided to the person
whose license or privilege of obtaining a license is to be suspended,
and shall remain in effect until such time as the commissioner is
advised that the person has satisfied his or her past-due tax
liabilities, or has otherwise made payment arrangements satisfactory to
the commissioner of taxation and finance.
(3) From the time the commissioner is notified by the department of
taxation and finance under this section, the commissioner shall be
relieved from all liability to such person which may otherwise arise
under this section, and such person shall have no right to commence a
court action or proceeding or to any other legal recourse against the
commissioner to recover such driving privileges as authorized by this
section. In addition, notwithstanding any other provision of law, such
person shall have no right to a hearing or appeal pursuant to this
chapter with respect to a suspension of driving privileges as authorized
by this section.
(4) Notwithstanding any provision of law to the contrary, the
department shall furnish the department of taxation and finance with the
information necessary for the proper identification of an individual
referred to the department for the purpose of driver's license
suspension pursuant to this section and section one hundred
seventy-one-v of the tax law. This shall include the individual's name,
social security number and any other information the commissioner of
motor vehicles deems necessary.
(5) Any person whose driver's license is suspended pursuant to
paragraph two of this subdivision may apply for the issuance of a
restricted use license as provided in section five hundred thirty of
this title.
5. Restoration. A license or registration may be restored by direction
of the commissioner but not otherwise. Reversal on appeal, of any
conviction because of which any license or registration has been revoked
or suspended, shall entitle the holder to restoration thereof forthwith.
The privileges of a non-resident may be restored by direction of the
commissioner in his discretion but not otherwise.
6. Restrictions. a. Where revocation is mandatory hereunder, no new
license shall be issued for at least six months or, in certain cases a
longer period as specified in this chapter, nor thereafter, except in
the discretion of the commissioner of motor vehicles.
b. Except as otherwise provided in paragraph c of this subdivision,
where revocation is mandatory pursuant to subparagraph (iii) of
paragraph a of subdivision two of this section, no new commercial
driver's license shall be issued for at least one year nor thereafter
except in the discretion of the commissioner, except that if such person
has previously been found to have refused a chemical test pursuant to
section eleven hundred ninety-four of this chapter or has a prior
conviction of any of the following offenses: any violation of section
eleven hundred ninety-two of this chapter; any violation of subdivision
one or two of section six hundred of this chapter; or has a prior
conviction of any felony involving the use of a motor vehicle pursuant
to paragraph (a) of subdivision one of section five hundred ten-a of
this article, then such commercial driver's license revocation shall be
permanent.
c. Where revocation is mandatory pursuant to subdivision one of
section five hundred ten-a of this chapter or subparagraph (iii) of
paragraph a of subdivision two of this section and the violation of
subdivision two of section six hundred of this chapter was committed
while operating a commercial motor vehicle transporting hazardous
materials, no new commercial driver's license shall be issued for at
least three years nor thereafter except in the discretion of the
commissioner, except that if such person has previously been found to
have refused a chemical test pursuant to section eleven hundred
ninety-four of this chapter or has a prior conviction of any of the
following offenses: any violation of section eleven hundred ninety-two
of this chapter; any violation of subdivision one or two of section six
hundred of this chapter; or has a prior conviction of any felony
involving the use of a motor vehicle pursuant to paragraph (a) of
subdivision one of section five hundred ten-a of this article, then such
commercial driver's license revocation shall be permanent.
d. The permanent commercial driver's license revocation required by
paragraphs b and c of this subdivision may be waived by the commissioner
after a period of ten years has expired from such sentence provided:
(i) that during such ten year period such person has not been found to
have refused a chemical test pursuant to section eleven hundred
ninety-four of this chapter and has not been convicted of any one of the
following offenses: any violation of section eleven hundred ninety-two
of this chapter; any violation of subdivision one or two of section six
hundred of this chapter; or has a prior conviction of any felony
involving the use of a motor vehicle pursuant to paragraph (a) of
subdivision one of section five hundred ten-a of this article;
(ii) if any of the grounds upon which the permanent commercial
driver's license revocation is based involved a finding of refusal to
submit to a chemical test pursuant to section eleven hundred ninety-four
of this chapter or a conviction of a violation of any subdivision of
section eleven hundred ninety-two of this chapter, that such person
provides acceptable documentation to the commissioner that such person
has voluntarily enrolled in and successfully completed an appropriate
rehabilitation program; and
(iii) after such documentation, if required, is accepted, that such
person is granted a certificate of relief from disabilities or a
certificate of good conduct pursuant to article twenty-three of the
correction law by the court in which such person was last penalized.
e. Upon a third finding of refusal and/or conviction of any of the
offenses which require a permanent commercial driver's license
revocation, such permanent revocation may not be waived by the
commissioner under any circumstances.
f. Where revocation is mandatory hereunder, based upon a conviction
had outside this state, no new license shall be issued until after sixty
days from the date of such revocation, nor thereafter, except in the
discretion of the commissioner.
g. Except as provided in paragraph k of this subdivision, where
revocation is permissive, no new license or certificate shall be issued
by such commissioner to any person until after thirty days from the date
of such revocation, nor thereafter, except in the discretion of the
commissioner after an investigation or upon a hearing, provided,
however, that where the revocation is based upon a failure in a
reexamination pursuant to section five hundred six of this chapter, a
learner's permit may be issued immediately and provided further, that
where revocation is based upon a conviction of a felony, other than a
felony relating to the operation of a motor vehicle or motorcycle, a
license shall be issued immediately, if the applicant is otherwise
qualified and if the application for such license is accompanied by
consent in writing issued by the parole or probation authority having
jurisdiction over such applicant.
h. The provisions of this subdivision shall not apply to revocations
issued pursuant to sections eleven hundred ninety-three and eleven
hundred ninety-four of this chapter.
i. Where suspension of a driver's license is mandatory hereunder based
upon a conviction of, or youthful offender or other juvenile
adjudication in connection with, any misdemeanor or felony as defined in
article two hundred twenty or two hundred twenty-one of the penal law,
any violation of the federal controlled substances act, any crime in
violation of subdivision four of section eleven hundred ninety-two of
this chapter or any out-of-state or federal misdemeanor or felony
drug-related offense, the commissioner may issue a restricted use
license pursuant to section five hundred thirty of this chapter.
j. Where suspension of a driver's license is mandatory hereunder based
upon a conviction of, or youthful offender or other juvenile
adjudication in connection with, any misdemeanor or felony as defined in
article two hundred twenty or two hundred twenty-one of the penal law,
any violation of the federal controlled substances act, any crime in
violation of subdivision four of section eleven hundred ninety-two of
this chapter or any out-of-state or federal misdemeanor or felony
drug-related offense and the individual does not have a driver's license
or the individual's driver's license was suspended at the time of
conviction or youthful offender or other juvenile adjudication, the
commissioner shall not issue a new license nor restore the former
license for a period of six months after such individual would otherwise
have become eligible to obtain a new license or to have the former
license restored; provided, however, that during such delay period the
commissioner may issue a restricted use license pursuant to section five
hundred thirty of this chapter to such previously suspended licensee.
k. Where revocation is permissive hereunder, based upon a finding of a
violation of section three hundred ninety-two or section three hundred
ninety-two-a of this chapter, no new license or certificate shall be
issued until after one year from the date of such revocation, nor
thereafter, except in the discretion of the commissioner.
l. Where revocation is mandatory pursuant to subparagraph (x) of
paragraph a of subdivision two of this section, no new license shall be
issued for at least seventy-five days, nor thereafter except in the
discretion of the commissioner.
m. Where revocation is mandatory pursuant to subparagraph (xi) of
paragraph a of subdivision two of this section, no new license shall be
issued for at least one hundred twenty days, nor thereafter except in
the discretion of the commissioner.
n. Notwithstanding the provisions of paragraph a of this subdivision,
subdivision two of section five hundred ten-b of this article or
paragraph (b) of subdivision one of section five hundred ten-c of this
article, where revocation is mandatory pursuant to subparagraph (xii) or
subparagraph (xiii) of paragraph a of subdivision two of this section,
no new license shall be issued for at least one year, nor thereafter
except in the discretion of the commissioner.
7. Miscellaneous provisions. Except as expressly provided, a court
conviction shall not be necessary to sustain a revocation or suspension.
Revocation or suspension hereunder shall be deemed an administrative act
reviewable by the supreme court as such. Notice of revocation or
suspension, as well as any required notice of hearing, where the holder
is not present, may be given by mailing the same in writing to him or
her at the address contained in his or her license, certificate of
registration or at the current address provided by the United States
postal service, as the case may be. Proof of such mailing by certified
mail to the holder shall be presumptive evidence of the holder's receipt
and actual knowledge of such notice. Attendance of witnesses may be
compelled by subpoena. Failure of the holder or any other person
possessing the license card or number plates, to deliver the same to the
suspending or revoking officer is a misdemeanor. Suspending or revoking
officers shall place such license cards and number plates in the custody
of the commissioner except where the commissioner shall otherwise
direct. If any person shall fail to deliver a license card or number
plates as provided herein, any police officer, bridge and tunnel officer
of the Triborough bridge and tunnel authority, or agent of the
commissioner having knowledge of such facts shall have the power to
secure possession thereof and return the same to the commissioner, and
the commissioner may forthwith direct any police officer, bridge and
tunnel officer of the Triborough bridge and tunnel authority, acting
pursuant to his or her special duties, or agent of the commissioner to
secure possession thereof and to return the same to the commissioner.
Failure of the holder or of any person possessing the license card or
number plates to deliver to any police officer, bridge and tunnel
officer of the Triborough bridge and tunnel authority, or agent of the
commissioner who requests the same pursuant to this subdivision shall be
a misdemeanor. Notice of revocation or suspension of any license or
registration shall be transmitted forthwith by the commissioner to the
chief of police of the city or prosecuting officer of the locality in
which the person whose license or registration so revoked or suspended
resides. In case any license or registration shall expire before the end
of any period for which it has been revoked or suspended, and before it
shall have been restored as provided in this chapter, then and in that
event any renewal thereof may be withheld until the end of such period
of suspension or until restoration, as the case may be.
The revocation of a learner's permit shall automatically cancel the
application for a license of the holder of such permit.
No suspension or revocation of a license or registration shall be made
because of a judgment of conviction if the suspending or revoking
officer is satisfied that the magistrate who pronounced the judgment
failed to comply with subdivision one of section eighteen hundred seven
of this chapter. In case a suspension or revocation has been made and
the commissioner is satisfied that there was such failure, the
commissioner shall restore the license or registration or both as the
case may be.
8. Cancellation. Upon receipt of a license which has been surrendered
to the licensing authority of any other jurisdiction as a prerequisite
to the issuance of a license by such other jurisdiction in accordance
with the provisions of the Driver License Compact or any other laws of
such jurisdiction, the commissioner shall cancel such license. Provided,
however, that such license shall not be cancelled if the licensee is a
resident of this state.
9. Railroad vehicle violations. Upon certification by the commissioner
of transportation that there has been a violation of section
seventy-six-b of the railroad law, the commissioner of motor vehicles
may rescind, cancel or suspend the registration of any motor vehicle
described in subdivision one of section seventy-six-b of the railroad
law and may rescind, cancel, suspend or take possession of the current
registration certificate and number plates of any such motor vehicle.
10. Where a youth is determined to be a youthful offender, following a
conviction of a violation for which a license suspension or revocation
is mandatory or where a youth receives a juvenile delinquency
adjudication in conjunction with a violation of section 240.62 or
subdivision five of section 240.60 of the penal law, the court shall
impose such suspension or revocation as is otherwise required upon
conviction and, further, shall notify the commissioner of said
suspension or revocation and its finding that said violator is granted
youthful offender status as is required pursuant to section five hundred
thirteen of this chapter or received a juvenile delinquency
adjudication.
11. Notwithstanding any contrary provision of law, the division of
criminal justice services is authorized to share with the commissioner
such criminal history information in its possession as may be necessary
to effect the provisions of this chapter.