N.Y. Vehicle & Traffic Law § 514: Certifying convictions, forfeitures and nonappearances to the commissioner and recording convictions

§ 514. Certifying convictions, forfeitures and nonappearances to the

commissioner and recording convictions. 1. (a) Upon a judgment of

conviction of any person of (a) homicide or assault arising out of the

operation of a motor vehicle, (b) criminally negligent homicide arising

out of the operation of a motor vehicle, (c) a felony involving the use

of a commercial motor vehicle, (d) a violation of any of the provisions

of this chapter (except one relating to parking, stopping or standing)

or (e) a violation of any law, ordinance, rule or regulation made by

local authorities in relation to traffic (except one relating to

parking, stopping or standing) or upon the forfeiture of bail given upon

a charge of violating any such provision, law, ordinance, rule or

regulation, the court or the clerk thereof shall within fifteen days

certify the facts of the case to the commissioner in such form and in

such manner as may be prescribed by the commissioner, who shall record

the same in his office. Such certificate shall be presumptive evidence

of the facts recited therein. If any such conviction shall be reversed

upon appeal therefrom, or shall be vacated or set aside, the person

whose conviction has been so reversed, vacated or set aside may serve on

the commissioner a certified copy of the appropriate order and the

commissioner shall thereupon record the same in connection with the

record of such conviction.

(b) Notwithstanding the provisions of paragraph (a), upon a judgment

of conviction for any offense for which a mandatory suspension or

revocation is required to be imposed, or a permissive suspension or

revocation is imposed by the court, the court or the clerk thereof shall

within ninety-six hours of the imposition of sentence file the

certificate required by paragraph (a) along with the license, when

surrendered at sentencing.

(c) Notwithstanding the provisions of paragraphs (a) and (b), the

commissioner may prescribe time limitations for the reporting of

judgments of conviction and transmission of such license that are longer

than those prescribed by this section for any courts to which this

section is applicable.

(d) Notwithstanding the provisions of paragraphs (a), (b) and (c) of

this subdivision, upon a judgment of conviction for a violation of any

provisions of this chapter or of any local law, rule, ordinance or

regulation relating to traffic (except one related to parking, stopping

or standing), the court or the clerk thereof shall, within ninety-six

hours of the imposition of the sentence, file the certificate required

by paragraph (a) of this subdivision, if the person convicted: (i) is

the holder of a commercial learner's permit or a commercial driver's

license issued by another state; or (ii) does not hold a commercial

learner's permit or a commercial driver's license, but has been issued a

license by another state and is convicted of a violation that was

committed in a commercial motor vehicle, as defined in subdivision four

of section five hundred one-a of this title.

3. (a) Upon the failure of a person to appear or answer, within sixty

days of the return date or any subsequent adjourned date, or the failure

to pay a fine imposed by a court, pursuant to a summons charging him or

her with a violation of any of the provisions of this chapter (except

one for parking, stopping or standing), section five hundred two or five

hundred twelve of the tax law, section fourteen-f, two hundred eleven or

two hundred twelve of the transportation law or of any law, ordinance,

rule or regulation made by a local authority, relating to traffic

(except for parking, stopping or standing), the trial court or the clerk

thereof shall within ten days certify that fact to the commissioner, in

the manner and form prescribed by the commissioner, who shall record the

same in his or her office. Thereafter and upon the appearance of any

such person in response to such summons or the receipt of the fine by

the court or such person's entry into an installment payment plan, the

trial court or the clerk thereof shall forthwith certify that fact to

the commissioner, in the manner and form prescribed by the commissioner.

(b) Upon the failure of a person to appear or answer, within sixty

days of the return date or any subsequent adjourned date, or the failure

to pay a fine imposed by a traffic and parking violations agency or a

traffic violations agency pursuant to a summons charging him or her with

a violation of:

(1) 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;

(2) section five hundred two or subdivision (a) of section eighteen

hundred fifteen of the tax law;

(3) 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

(4) any lawful ordinance or regulation made by a local or public

authority relating to traffic (except one for parking, stopping or

standing);

the clerk thereof shall within ten days certify that fact to the

commissioner, in the manner and form prescribed by the commissioner, who

shall record the same in his or her office. Thereafter and upon the

appearance of any such person in response to such summons or the receipt

of the fine by the agency or such person's entry into an installment

payment plan, the traffic and parking violations agency, the traffic

violations agency or the clerk thereof shall forthwith certify that fact

to the commissioner, in the manner and form prescribed by the

commissioner.

4. (a) Upon the failure of the owner of a motor vehicle registered in

this state or his representative to appear or answer, on the return date

or any subsequent adjourned date, or in the case of an administrative

tribunal fails to comply with the rules and regulations of said tribunal

following entry of a final decision in response to three or more

summonses or other process issued within an eighteen month period,

charging that said motor vehicle was parked, stopped or standing in

violation of the provisions of this chapter or any law, ordinance, rule

or regulation made by a local authority, the trial court or

administrative tribunal of appropriate jurisdiction may certify that

fact to the commissioner in the manner and form prescribed by the

commissioner, who may record the same in his office.

(b) Upon such certification, the trial court, the clerk thereof, or

the administrative tribunal shall notify the registrant by certified or

registered mail, return receipt requested, that the commissioner shall

deny the registration or renewal application until proof from the court

wherein the charges were pending is provided to the commissioner by such

court, administrative tribunal, or registrant that such registrant has

answered or appeared, or in the case of an administrative tribunal

provides proof that such registrant has complied with the rules and

regulations of said tribunal following entry of a final decision.

Thereafter and upon the appearance or answer of any such person in

response to such summonses the trial court or clerk thereof shall

forthwith certify that fact to the registrant, and to the commissioner

in a manner and form prescribed by the commissioner. In the case of an

administrative tribunal such certification shall be made to the

registrant and to the commissioner upon compliance with the rules and

regulations of such tribunal. Provided, however, that proof provided to

the commissioner by a registrant in the form of a certification provided

to such registrant pursuant to this paragraph shall have the same effect

as proof provided to the commissioner by such court or administrative

tribunal.

(c) At least sixty days prior to renewal date the commissioner shall

notify the registrant that unless he complies with the provisions of

this section as set forth above, his registration or renewal thereof,

will be denied.

4-a. (a) Upon the failure of the owner of a motor vehicle registered

in this state or his representative to appear or answer, on the return

date or dates or any subsequent adjourned date or dates, or in the case

of an administrative tribunal, fails to comply with the rules and

regulations of said tribunal following entry of a final decision or

decisions, in response to twenty or more summonses or other process

issued within an eighteen month period, charging that said motor vehicle

was parked, stopped or standing in violation of the provisions of this

chapter or any law, ordinance, rule or regulation made by a local

authority, the trial court or administrative tribunal of appropriate

jurisdiction may certify that fact to the commissioner in the manner and

form prescribed by the commissioner.

(b) Thereafter and upon the appearance or answer of any such person in

response to such summonses the trial court or clerk thereof shall

forthwith certify that fact to the registrant, and to the commissioner

in a manner and form prescribed by the commissioner. In the case of an

administrative tribunal, such certification shall be made to the

registrant and to the commissioner upon compliance with the rules and

regulations of such tribunal. Provided, however, that proof provided to

the commissioner by a registrant in the form of a certification provided

to such registrant pursuant to this paragraph shall have the same effect

as proof provided to the commissioner by such court or administrative

tribunal.

§ 5. Upon the conviction of any person under eighteen years of age who

resides within the household of his parent or guardian, the trial court

or clerk shall forthwith transmit written notice of such conviction to

the parent or guardian of such minor person; provided, however, that

transmittal of such notice of conviction shall not be required in any

case in which notice of arraignment of such person upon the charge or

charges of which convicted is required by, and shall have been

previously transmitted as provided in, subdivision two of section

eighteen hundred seven of this chapter.

6. Notwithstanding any inconsistent provision of this section, the

commissioner may exempt by regulation additional provisions of this

chapter or of other laws, ordinances, rules or regulations from the

requirements of subdivisions one and two.

7. Any person chargeable with the duty of reporting to the

commissioner a conviction, bail forfeiture, the fact that a person

failed to appear or answer pursuant to a summons, or the fact that a

person has answered or appeared, or in the case of an administrative

tribunal that a person has complied with the rules and regulations of

said tribunal following entry of a final decision, who wilfully fails or

neglects to do so, shall be punishable by a fine of not more than

twenty-five dollars for each separate offense.