N.Y. Vehicle & Traffic Law § 511-a: Facilitating aggravated unlicensed operation of a motor vehicle

§ 511-a. Facilitating aggravated unlicensed operation of a motor

vehicle. 1. A person is guilty of the offense of facilitating aggravated

unlicensed operation of a motor vehicle in the third degree when such

person consents to the operation upon a public highway of a motor

vehicle registered in such person's name knowing or having reason to

know that the operator of such vehicle is a person whose license or

privilege of operating such motor vehicle in this state or privilege of

obtaining a license issued to operate such motor vehicle by the

commissioner is suspended, revoked or otherwise withdrawn by the

commissioner and the vehicle is operated upon a public highway by such

person.

2. Facilitating aggravated unlicensed operation of a motor vehicle in

the third degree is a traffic infraction. When a person is convicted

thereof the sentence of the court must be: (i) a fine of not less than

two hundred dollars nor more than five hundred dollars or (ii) a term of

imprisonment of not more than fifteen days, or (iii) both.

3. A person is guilty of facilitating aggravated unlicensed operation

of a motor vehicle in the second degree when such person:

(a) commits the offense of facilitating aggravated unlicensed

operation of a motor vehicle in the third degree as defined in

subdivision one of this section after having been convicted of such

offense within the preceding eighteen months; or

(b) consents to the operation upon a public highway of a motor vehicle

registered in such person's name knowing or having reason to know that

the operator of such vehicle is a person who has in effect three or more

suspensions, imposed on at least three separate dates, for failure to

answer, appear or pay a fine, pursuant to subdivision three of section

two hundred twenty-six or subdivision four-a of section five hundred ten

of this chapter; or

(c) commits the crime of facilitating aggravated unlicensed operation

of a motor vehicle in the third degree after having been convicted of

such an offense two or more times within the preceding five years.

For purposes of this subdivision, "motor vehicle" shall mean any

vehicle for hire, including a taxicab, livery, as defined in section one

hundred twenty-one-e of this chapter, coach, limousine, van or

wheelchair accessible van, tow truck, bus or commercial motor vehicle as

defined section five hundred nine-a of this chapter.

Facilitating aggravated unlicensed operation of a motor vehicle in the

second degree is a misdemeanor. When a person is convicted of this crime

pursuant to paragraphs (a) or (b) of this subdivision, the sentence of

the court must be: (i) a fine of not less than five hundred dollars, nor

more than seven hundred fifty dollars; or (ii) a term of imprisonment

not to exceed sixty days; or (iii) both a fine and imprisonment; or (iv)

where appropriate, a sentence of probation; or (v) a term of

imprisonment as a condition of a sentence of probation as provided in

the penal law. When a person is convicted of this crime pursuant to

paragraph (c) of this subdivision, the sentence of the court must be:

(i) a fine of not less than five hundred, nor more than one thousand

dollars; or (ii) a term of imprisonment not to exceed one hundred eighty

days; or (iii) both a fine and imprisonment; or (iv) where appropriate,

a sentence of probation; or (v) a term of imprisonment as a condition of

probation as provided in the penal law.

4. A person is guilty of facilitating aggravated unlicensed operation

of a motor vehicle in the first degree when such person consents to the

operation upon a public highway of a motor vehicle registered in such

person's name knowing or having reason to know that the operator of such

vehicle is a person who has in effect ten or more suspensions, imposed

on at least ten separate dates, for failure to answer, appear or pay a

fine, pursuant to subdivision three of section two hundred twenty-six or

subdivision four-a of section five hundred ten of this chapter.

For purposes of this subdivision, "motor vehicle" shall mean any

vehicle for hire, including a taxicab, livery, as defined in section one

hundred twenty-one-e of this chapter, coach, limousine, van or

wheelchair accessible van, tow truck, bus or commercial motor vehicle as

defined in section five hundred nine-a of this chapter.

Facilitating aggravated unlicensed operation of a motor vehicle in the

first degree is a class E felony. When a person is convicted of this

crime, the sentence of the court must be: (i) a fine in an amount not

less than one thousand dollars nor more than five thousand dollars; and

(ii) a term of imprisonment as provided in the penal law; or (iii) where

appropriate, a sentence of probation; or (iv) a term of imprisonment as

a condition of a sentence of probation as provided in the penal law.

5. Upon a conviction of a violation of subdivision three or four of

this section the commissioner shall revoke the registration of the motor

vehicle for which the defendant's consent is given and shall only be

restored pursuant to the provisions of subdivision five of section five

hundred ten of this article. If such defendant is a corporation,

partnership, association or other group, none of its officers,

principals, directors or stockholders owning more than ten percent of

the outstanding stock of the corporation shall be eligible to register

the motor vehicle.