N.Y. Vehicle & Traffic Law § 338: Application to non-resident, other persons

§ 338. Application to non-resident, other persons. (a) Whenever, by

the laws of this state, the commissioner has the power to suspend or

revoke a license if the operator or chauffeur were a resident, the

commissioner shall have similar power to suspend or revoke the license

or to forbid the operation of a motor vehicle in this state owned by

such operator or chauffeur if the operator or chauffeur is a

non-resident. And whenever by the laws of this state the commissioner

has the power to suspend or revoke the registration certificates and

registration plates if the owner were a resident, the commissioner shall

have similar power to forbid the operation within this state of any

motor vehicle if the owner is a non-resident.

(b) All of the provisions of this article shall apply to any person

who is not a resident of this state under the same circumstances as they

would apply to a resident; and, in such event, such a non-resident shall

not operate any motor vehicle in this state nor shall any motor vehicle

owned by him be operated in this state, unless and until such

non-resident or the owner of the motor vehicle, if another person, has

complied with the requirements of this article with respect to

furnishing security and giving proof of financial responsibility in the

future.

(c) Upon conviction of a non-resident or in case of any unsatisfied

judgment rendered against a non-resident which conviction or unsatisfied

judgment results in suspension of such non-resident's driving privileges

in this state and/or the prohibition of the operation within this state

of any motor vehicle owned by such non-resident, the commissioner shall

transmit a certified copy of any record of any such conviction or any

such unsatisfied judgment or any other action pursuant to this article

resulting in suspension of a non-resident's driving privileges in this

state and/or the prohibition of the operation within this state of any

motor vehicle owned by such non-resident to the motor vehicle

commissioner or officer performing the functions of a commissioner in

the state in which such non-resident resides.

In case a non-resident's failure to comply with the provisions of

section three hundred thirty-five results in suspension of such

non-resident's rights and privileges in this state and/or prohibition of

the operation within the state of any motor vehicle owned by such

non-resident, the commissioner shall transmit a certified copy of the

record of such action to the motor vehicle commissioner or officer

performing the functions of the commissioner in the state in which such

non-resident resides, if the law of such other state provides for action

in relation thereto similar to that provided for in subdivision (d) of

this section.

(d) The commissioner shall take action as required anywhere in this

article, upon receiving proper evidence that any resident of this state,

has in any other state had his driving privileges suspended and/or the

operation of any motor vehicle owned by him prohibited pursuant to a law

of such other state providing for such suspension or prohibition because

of a conviction or because of an unsatisfied judgment which would

require the commissioner to suspend a non-resident's driving privileges

had such a conviction or judgment been rendered in this state against a

non-resident, provided, however, that no suspension or prohibition shall

be effective until twenty days have elapsed from the date upon which

notice of suspension shall have been mailed to the operator or owner

during which period such operator or owner shall be permitted to submit

evidence of satisfaction of the judgment or other evidence relating

thereto.

Upon receipt of a certification that the operating privilege of a

resident of this state has been suspended, revoked or cancelled in any

such other state pursuant to a law providing for its suspension,

revocation or cancellation for failure to deposit security for the

payment of a judgment as may arise out of a motor vehicle accident under

circumstances which would require the commissioner to suspend a

non-resident's operating privilege had the accident occurred in this

state, the commissioner shall suspend the license of such resident if he

was the operator, and all of his registrations if he was the owner of a

motor vehicle involved in such accident. Such suspension shall continue

until such resident furnishes evidence of his compliance with the law of

such other state relating to the deposit of such security.

(e) The word "state" when used in this section shall, unless the

context clearly indicates otherwise, mean any state, territory or

possession of the United States, the District of Columbia or any

province of the Dominion of Canada.