N.Y. Vehicle & Traffic Law § 510-a: Suspension and revocation of commercial driver's licenses

§ 510-a. Suspension and revocation of commercial driver's licenses. 1.

Revocation. A commercial driver's license shall be revoked by the

commissioner whenever the holder is convicted within or outside of this

state (a) of a felony involving the use of a motor vehicle except a

felony as described in paragraph (b) of this subdivision; (b) of a

felony involving manufacturing, distributing or dispensing a drug as

defined in section one hundred fourteen-a of this chapter or possession

of any such drug with intent to manufacture, distribute or dispense such

drug in which a motor vehicle was used; (c) of a violation of

subdivision one or two of section six hundred of this chapter; (d) of

operating a commercial motor vehicle when, as a result of prior

violations committed while operating a commercial motor vehicle, the

driver's commercial driver's license is revoked, suspended, or canceled,

or the driver is disqualified from operating a commercial motor vehicle;

(e) has been convicted of causing a fatality through the negligent

operation of a commercial motor vehicle, including but not limited to

the crimes of vehicular manslaughter or criminally negligent homicide;

or (f) the commissioner determines that the holder has made a false

statement regarding information: (i) required by the federal motor

carrier safety improvement act of 1999 and Subpart J of Part 383 of

title 49 of the code of federal regulations relating to a commercial

driver's license document in an application for a commercial driver's

license; (ii) required by the federal motor carrier safety improvement

act of 1999 and Part 383.71 (a) and (g) of title 49 of the code of

federal regulations relating to an initial commercial driver's license

or existing commercial driver's license holder's self-certification in

any of the self-certifications regarding the type of driving engaged or

to be engaged in by the holder or regarding the non-applicability to the

holder of the physical qualification requirements of the federal motor

carrier safety improvement act of 1999 and Part 391 of title 49 of the

code of federal regulations relating to qualifications of drivers; or

(iii) required by the federal motor carrier safety improvement act of

1999 and Part 383.71(h) of title 49 of the code of federal regulations

relating to commercial driver's license requirements in any medical

certificate.

2. Duration of revocation. (a) Except as otherwise provided in

paragraph (b) of this subdivision, where revocation of a commercial

driver's license is mandatory pursuant to paragraph (a), (c), (d), (e)

or (f) of subdivision one 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 for revocations pursuant

to paragraph (a), (c), (d) or (e) of subdivision one of this section, 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 any

felony involving the use of a motor vehicle pursuant to paragraph (a) of

subdivision one of this section, or has been convicted of operating a

commercial motor vehicle when, as a result of prior violations committed

while operating a commercial motor vehicle, the driver's commercial

driver's license is revoked, suspended, or canceled, or the driver is

disqualified from operating a commercial motor vehicle, or has been

convicted of causing a fatality through the negligent operation of a

commercial motor vehicle, including but not limited to the crimes of

vehicular manslaughter or criminally negligent homicide, then such

commercial driver's license revocation shall be permanent.

(b) Where revocation is mandatory pursuant to paragraph (a), (c), (d)

or (e) of subdivision one of this section and the commercial motor

vehicle was 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 any felony

involving the use of a motor vehicle pursuant to paragraph (a) of

subdivision one of this section, or been convicted of operating a

commercial motor vehicle when, as a result of prior violations committed

while operating a commercial motor vehicle the driver's commercial

driver's license is revoked, suspended, or canceled, or the driver is

disqualified from operating a commercial motor vehicle, or has been

convicted of causing a fatality through the negligent operation of a

commercial motor vehicle, including but not limited to the crimes of

vehicular manslaughter or criminally negligent homicide, then such

commercial driver's license revocation shall be permanent.

(c) The permanent commercial driver's license revocation required by

paragraphs (a) and (b) 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 any felony involving the use of a motor

vehicle pursuant to paragraph (a) of subdivision one of this section, or

has been convicted of operating a commercial motor vehicle when, as a

result of prior violations committed while operating a commercial motor

vehicle, the driver's commercial driver's license is revoked, suspended,

or canceled, or the driver is disqualified from operating a commercial

motor vehicle; or has been convicted of causing a fatality through the

negligent operation of a commercial motor vehicle, including but not

limited to the crimes of vehicular manslaughter or criminally negligent

homicide;

(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 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.

(d) 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.

(e) Where revocation is mandatory pursuant to paragraph (b) of

subdivision one of this section such revocation shall be permanent and

may not be waived by the commissioner under any circumstances.

3. Suspension. (a) A commercial driver's license shall be suspended by

the commissioner for a period of sixty days where the holder is

convicted of two serious traffic violations as defined in subdivision

four of this section committed within a three year period, in separate

incidents whether such convictions occurred within or outside of this

state.

(b) A commercial driver's license shall be suspended by the

commissioner for a period of one hundred twenty days where the holder is

convicted of three serious traffic violations as defined in subdivision

four of this section committed within a three year period, in separate

incidents whether such convictions occurred within or outside of this

state.

(c) A commercial drivers license 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.

(d) A commercial driver's license shall be suspended by the

commissioner:

(i) for a period of one hundred eighty days where the holder was found

to have operated a commercial motor vehicle designed or used to

transport property as defined in subparagraphs (i) and (ii) of paragraph

(a) of subdivision four of section five hundred one-a of this title, in

violation of an out-of-service order as provided for in the rules and

regulations of the department of transportation whether such violation

was committed within this state or was the same or a similar violation

involving an out-of-service order committed outside of this state;

(ii) for a period of two years if, during any ten-year period, the

holder is found to have committed two such violations not arising from

the same incident whether such violations were committed within or

outside of the state;

(iii) for a period of three years if, during any ten-year period, the

holder is convicted of three or more such violations not arising from

the same incident whether such violations were committed within or

outside of the state;

(iv) for a period of one hundred eighty days if the holder is found to

have operated a commercial motor vehicle designed or used to transport

passengers or property as defined in subparagraphs (iii) and (v) of

paragraph (a) of subdivision four of section five hundred one-a of this

title, in violation of an out-of-service order, as provided for in the

rules and regulations of the department of transportation, while

transporting hazardous materials or passengers whether such violation

was committed within this state or was the same or a similar violation

committed outside of this state;

(v) for a period of three years if, during any ten-year period, the

holder is found to have committed two or more violations, not arising

from the same incident, of operating a commercial motor vehicle designed

or used to transport passengers or property as defined in subparagraphs

(iii) and (v) of paragraph (a) of subdivision four of section five

hundred one-a of this title, in violation of an out-of-service order, as

provided for in the rules and regulations of the department of

transportation, while transporting hazardous materials or passengers

whether such violation was committed within this state or was the same

or a similar violation involving an out-of-service order committed

outside of this state.

(e) A commercial driver's license shall be suspended by the

commissioner:

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

violation of section eleven hundred seventy-one or section eleven

hundred seventy-six of this chapter whether such violation was committed

within this state or was the same or a similar violation involving

railroad grade crossings committed outside of this state.

(ii) for a period of one hundred twenty days where the holder is

convicted of a second violation of section eleven hundred seventy-one or

section eleven hundred seventy-six of this chapter whether such

violations were committed within or outside of this state, both of which

were committed within a three year period.

(iii) for a period of one year where the holder is convicted of a

third violation of section eleven hundred seventy-one or section eleven

hundred seventy-six of this chapter whether such violations were

committed within or outside of this state, all of which were committed

within a three year period.

4. Serious traffic violations. (a) A serious traffic violation shall

mean operating a commercial motor vehicle in violation of any provision

of this chapter or the laws or ordinances of any other state or locality

outside of this state that restricts or prohibits the use of a hand-held

mobile telephone or a portable electronic device while operating a

commercial motor vehicle or in violation of any provision of this

chapter or the laws of any other state, the District of Columbia or any

Canadian province which (i) limits the speed of motor vehicles, provided

the violation involved fifteen or more miles per hour over the

established speed limit; (ii) is defined as reckless driving by state or

local law or regulation; (iii) prohibits improper or erratic lane

change; (iv) prohibits following too closely; (v) relates to motor

vehicle traffic (other than parking, standing or stopping) and which

arises in connection with a fatal accident; (vi) operating a commercial

motor vehicle without first obtaining a commercial driver's license as

required by section five hundred one of this title; (vii) operating a

commercial motor vehicle without a commercial driver's license in the

driver's possession; or (viii) operating a commercial motor vehicle

without the proper class of commercial driver's license and/or

endorsement for the specific vehicle being operated or for the

passengers or type of cargo being transported.

(b) Whether any specific violation which occurs without this state is

a serious violation shall be dependent upon whether the state or

province in which the violation occurs, reports such violation to the

commissioner as, or deems it to be, a serious traffic violation under

the provisions of the federal commercial motor vehicle safety act of

nineteen hundred eighty-six, public law 99-570, title XII or the motor

carrier safety improvement act of 1999, public law 106-159 and

regulations promulgated thereunder.

4-a. Dismissal. The court shall dismiss any charge of operating a

commercial motor vehicle without a commercial driver's license in the

driver's possession if, between the date the driver is charged with such

violation and the appearance date for such violation, the driver

supplies the court with proof that he or she held a valid commercial

driver's license on the date of such violation. Such driver must also

supply such proof to the law enforcement authority that issued the

citation, prior to such driver's appearance in court.

5. Limitation of effect of revocation or suspension. Any revocation or

suspension of a commercial driver's license issued pursuant to this

section shall be applicable only to that portion of the holder's

driver's license or privilege which permits the operation of commercial

motor vehicles, and the commissioner shall immediately issue a license,

other than a commercial driver's license, to such person, provided that

such person is otherwise eligible to receive such license and further

provided that issuing a license to such person does not create a

substantial traffic safety hazard.

6. Application of section to persons not holding a commercial driver's

license. Whenever a person who is not the holder of a commercial

driver's license issued by the commissioner is convicted of a violation

arising out of the operation of a commercial motor vehicle which would

require the mandatory revocation or suspension of a commercial driver's

license pursuant to this section or clause (i) or (ii) of subparagraph

five of paragraph (b) or clause b of subparagraph three of paragraph (e)

of subdivision two of section eleven hundred ninety-three, or clause c

of subparagraph one of paragraph (d) of subdivision two of section

eleven hundred ninety-four of this chapter, the privilege of such person

to operate a commercial motor vehicle and/or to obtain a commercial

driver's license issued by the commissioner will be suspended or revoked

for the same periods of time and subject to the same conditions provided

in this section, or clause (i) or (ii) of subparagraph five of paragraph

(b) or clause b of subparagraph three of paragraph (e) of subdivision

two of section eleven hundred ninety-three, or clause c of subparagraph

one of paragraph (d) of subdivision two of section eleven hundred

ninety-four of this chapter, which would be applicable to the holder of

a commercial driver's license.

7. Other revocation or suspension action not prohibited. The

provisions of this section shall not be construed to prevent any person

who has the authority to suspend or revoke a license to drive or

privilege of operating pursuant to section five hundred ten of this

chapter from exercising any such authority based upon a conviction for

which suspension or revocation of a commercial driver's license by the

commissioner is mandated.

8. Disqualifications based upon record review. (a) Where the

commissioner conducts a state record review pursuant to section 384.206

of title 49 of the code of federal regulations and he or she determines

that: (i) a person applying for a commercial driver's license was

convicted outside of this state of an offense set forth in section

383.51 of title 49 of the code of federal regulations while holding a

commercial driver's license issued by another state; and (ii) such other

state failed to impose the commercial driver's license disqualification,

suspension or revocation set forth in section 383.51 of title 49 of the

code of federal regulations for such offense, then the commissioner

shall immediately suspend such person's commercial driver's license or

privilege of operating a commercial motor vehicle. Provided, however,

that where such licenses would have been subject to revocation upon a

conviction for such conduct had it occurred in this state, the

commissioner shall revoke such license. Such suspension or revocation

shall be for the applicable period of time set forth for a conviction

for such offense in such section 383.51 as it existed on the date of the

violation.

(b) Any suspension or revocation of a commercial driver's license

issued pursuant to paragraph (a) of this subdivision shall be applicable

only to that portion of the holder's driver's license or privilege which

permits the operation of commercial motor vehicles, and the commissioner

shall immediately issue a license, other than a commercial driver's

license, to such person provided that such person is otherwise eligible

to receive such license and further provided that issuing a license to

such person does not create a substantial traffic safety hazard.

9. Application of disqualifications to holders of a commercial

learner's permit. Notwithstanding any other provision of law, any

provision of this chapter relating to the revocation, suspension,

downgrading, disqualification or cancellation of a commercial driver's

license shall apply in the same manner to a commercial learner's permit.

10. Consecutive disqualification periods. Notwithstanding any other

provision of law, whenever a suspension, revocation or disqualification

applicable to a commercial driver's license or commercial learner's

permit is required by Part 383.51 of title 49 of the code of federal

regulations and thereby imposed pursuant to this section or paragraph b

or c of subdivision six of section five hundred ten or section eleven

hundred ninety-three or eleven hundred ninety-four of this chapter, such

suspension, revocation or disqualification shall take effect upon the

expiration of the minimum period of a suspension, revocation or

disqualification required by Part 383.51 of title 49 of the code of

federal regulations and thereby imposed pursuant to this section or

paragraph b or c of subdivision six of section five hundred ten or

section eleven hundred ninety-three or eleven hundred ninety-four of

this chapter which is currently in effect for such license or permit and

arose from a separate incident. Provided, however, that the term or

terms of any other suspension, revocation or disqualification applicable

to a commercial driver's license or commercial learner's permit shall

run concurrently if: (a) such suspension, revocation or disqualification

is not required by Part 383.51 of title 49 of the code of federal

regulations; or (b) such suspension, revocation or disqualification

arose from the same incident.