N.Y. Vehicle & Traffic Law § 510: Suspension, revocation and reissuance of licenses and registrations

§ 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 or with an

out of service order issued by the United States department of

transportation. 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. Any suspension issued

pursuant to this subdivision by reason of an out of service order issued

by the United States department of transportation shall remain in effect

until such time as the commissioner is notified by the United States

department of transportation or the commissioner of transportation that

the order resulting in the suspension is no longer in effect.

(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.

(vi) for a period of sixty days where the holder is convicted of a

violation of subdivision one of section twelve hundred twenty-b of this

chapter within a period of eighteen months of a previous violation of

such subdivision.

(vii) for a period of ninety days where the holder is convicted of a

violation of subdivision one of section twelve hundred twenty-b of this

chapter within a period of eighteen months of two or more previous

violations of such subdivision.

(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. (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) 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 or has

entered into an installment payment plan to pay the fine associated with

a conviction entered as a result of the failure to appear in response to

such appearance ticket, or the defendant has been acquitted of the

charge that led to the suspension or such charge was otherwise

dismissed. Such suspension shall take effect no less than thirty days

from the day upon which an initial notice thereof is sent by the

commissioner to the person whose driver's license or privileges are to

be suspended, provided that the commissioner shall send such person at

least two notices thereof, including such initial notice, at least

fifteen days apart during such period. 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 or a traffic 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 and in paragraphs (a),

(b), (d), (e), (f) and (g) of subdivision two-a and in paragraphs (a),

(b), (d), (e), (f) and (g) of subdivision two-b 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), 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 or has entered into an installment payment plan to

pay the fine associated with a conviction entered as a result of the

failure to appear in response to such appearance ticket, or the

defendant has been acquitted of the charge that led to the suspension or

such charge was otherwise dismissed. Such suspension shall take effect

no less than thirty days from the day upon which an initial notice

thereof is sent by the commissioner to the person whose driver's license

or privileges are to be suspended, provided that the commissioner shall

send such person at least two notices thereof, including such initial

notice, at least fifteen days apart during such period. 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, 2027

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, 2027

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.

4-g. Suspension of registration for unlawful solicitation of ground

transportation services at an airport. Upon the receipt of a

notification from a court or an administrative tribunal that an owner of

a motor vehicle was convicted of a second conviction of unlawful

solicitation of ground transportation services at an airport in

violation of subdivision one of section twelve hundred twenty-b of this

chapter both of which were committed within a period of eighteen months,

the commissioner or his agent shall suspend the registration of the

vehicle involved in the violation for a period of ninety days; upon the

receipt of such notification of a third or subsequent conviction for a

violation of such subdivision all of which were committed within a

period of eighteen months, the commissioner or his agent shall suspend

such registration for a period of one hundred eighty days. 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. The commissioner shall have the

authority to deny a registration or renewal application to any other

person for the same vehicle, 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.

4-h. Suspension of registration for covering license plates with a

license plate cover or material appearing to be a number plate or

obscuring license plates with any material or substance. (a) Upon

receipt of a notification from a court or an administrative tribunal

that an owner of a motor vehicle has been convicted three or more times

within a period of five years of a violation of subparagraph (ii),

(ii-a) or (iii) of paragraph (b) of subdivision one of section four

hundred two of this chapter not arising out of the same incident, the

commissioner or the commissioner's agent may suspend the registration of

the motor vehicle involved in such violation for a period of ninety

days. The commissioner may, in the commissioner's discretion, 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 the

commissioner has determined that such registrant's intent has been to

evade the purposes of this paragraph and where the commissioner has

reasonable grounds to believe that such registration or renewal will

have the effect of defeating the purposes of this paragraph. Such denial

shall remain in effect only as long as the suspension entered pursuant

to this paragraph remains in effect.

(b) Upon receipt of notification from a court or an administrative

tribunal that an owner of a motor vehicle has failed to comply with

paragraph (b) or (c) of subdivision eight of section four hundred two of

this chapter, the commissioner or the commissioner's agent may suspend

the registration of the motor vehicle involved in such violation and

such suspension shall remain in effect until such time as the

commissioner is advised that such owner has complied with such

paragraphs, as applicable. The commissioner may, in the commissioner's

discretion, 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 the commissioner has determined that such registrant's

intent has been to evade the purposes of this paragraph and where the

commissioner has reasonable grounds to believe that such registration or

renewal will have the effect of defeating the purposes of this

paragraph. Such denial shall remain in effect only as long as the

suspension entered pursuant to this paragraph remains in effect.

* 4-i. Suspension of registration for circumventing or tampering with

an intelligent speed assistance device or failing to install such

device. (a) Upon receipt of notification from an administering agency

in the city of New York that an owner of a motor vehicle has been

convicted of a subsequent violation of paragraph a of subdivision nine

of section sixteen hundred forty-two-b of this chapter, the commissioner

or the commissioner's agent shall suspend the registration of the motor

vehicle involved in such violation for a period of twelve months. 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.

(b) Upon receipt of certification from an administering agency in the

city of New York that an owner of a motor vehicle has failed to install

and provide proof of installation of an intelligent speed assistance

device within forty-five days of the date by which such installation and

proof are required as provided in paragraph b of subdivision nine of

section sixteen hundred forty-two-b of this chapter, the commissioner or

the commissioner's agent shall suspend the registration of each motor

vehicle involved in such violation. 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 for a particular motor vehicle

until the commissioner is notified by the administering agency as

required herein that the owner has installed an intelligent speed

assistance device on such particular motor vehicle and provided proof of

such installation to such administering agency. Upon the compliance of

such owner with an order to install an intelligent speed assistance

device and to provide proof of compliance to the administering agency as

required pursuant to paragraph (b) of subdivision nine of section

sixteen hundred forty-two-b of this chapter, the administering agency

shall forthwith certify that fact to the commissioner, in such manner

and form as the commissioner may prescribe.

(c) For the purposes of this subdivision, the term "administering

agency" shall have the same meaning as such term is defined in paragraph

a of subdivision one of section sixteen hundred forty-two-b of this

chapter.

* NB Effective May 26, 2027

* NB Repealed July 1, 2032

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.

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.

o. Notwithstanding the provisions of paragraph a of this subdivision,

where revocation is mandatory pursuant to subparagraph (iii) of

paragraph a of subdivision two of this section involving a violation of

section three hundred ninety-two of this chapter in relation to an

application for the commercial driver's license or the commercial

learner's permit being revoked, no new commercial driver's license or

commercial learner's permit 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.

The commissioner shall provide written notice, in a conspicuous, bold

type, to all persons having four license suspensions or revocations,

where a fifth license suspension or revocation could result in a charge

of aggravated unlicensed operation in the first degree pursuant to

subparagraph (v) of paragraph (a) of subdivision three of section five

hundred eleven of this article, that a fifth such suspension or

revocation would subject any person charged under such subparagraph (v)

to a class E felony with a definite sentence which may not exceed two

years.

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.