S T A T E   O F   N E W   Y O R K
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                                  5574

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced by M. of A. OAKS, BALL, BARCLAY, ERRIGO, HAWLEY, JORDAN, KOLB
  --  Multi-Sponsored  by -- M. of A. FINCH, McDONOUGH, TOWNSEND, WALKER
  -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  suspension
  of licenses for failure to answer summons and complaints of navigation
  laws

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 3 of section 226 of the  vehi-
cle  and traffic law, as amended by section 6 of part J of chapter 62 of
the laws of 2003, is amended to read as follows:
  (a) If the person charged with the violation shall fail to answer  the
summons  as  provided  herein  OR  IF THE PERSON DISPOSES OF ANY UNIFORM
NAVIGATION  SUMMONS  AND/OR  COMPLAINT  IN  ANY  MANNER  OTHER  THAN  AS
PRESCRIBED BY LAW, the commissioner may suspend such person's license or
driving  privilege  or,  if  the  charge involves a violation of section
three hundred eighty-five, section four  hundred  one  or  section  five
hundred  eleven-a of this chapter by a registrant who was not the opera-
tor of the vehicle, the registration of such vehicle or the privilege of
operation  of  any  motor  vehicle  owned  by  such  registrant  may  be
suspended, until such person shall answer as provided in subdivision two
of this section. If a person shall fail to appear at a hearing OR IF THE
PERSON  DISPOSES  OF  ANY UNIFORM NAVIGATION SUMMONS AND/OR COMPLAINT IN
ANY MANNER OTHER THAN AS PRESCRIBED BY LAW, when such  is  provided  for
pursuant  to  this section OR BY SECTION NINETEEN OF THE NAVIGATION LAW,
such person's license, or registration or privilege of operating  or  of
operation,  as  appropriate,  may  be  suspended pending appearance at a
subsequent hearing, or the disposition  of  the  charges  involved.  Any
suspension  permitted  by this subdivision, if already in effect, may be
terminated or if not yet in effect, may be withdrawn or withheld,  prior
to  the  disposition of the charges involved if such person shall appear

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05187-01-9
              

A. 5574                             2

and post security in the amount of forty dollars to guarantee his or her
appearance at any required hearing. The security posted pursuant to this
subdivision shall be returned upon appearance at the  scheduled  hearing
or  an  adjourned  hearing  which  results in a final disposition of the
charge, and otherwise shall be  forfeited.  If  a  suspension  has  been
imposed pursuant to this subdivision and the case is subsequently trans-
ferred pursuant to subdivision two of section two hundred twenty-five of
this  article,  such  suspension shall remain in effect until the person
answers the charges in the court to which the case was transferred.  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.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.