Assembly Bill A7080

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

                                  7080

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2009
                               ___________

Introduced  by M. of A. TOWNS, COOK, McDONOUGH -- read once and referred
  to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  proof  of
  notice of suspension and denial of registration in certain cases

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

  Section 1. Section 214 of the vehicle and traffic law, as  amended  by
chapter 568 of the laws of 1994, is amended to read as follows:
  S  214.  Proof of mailing of notice or order. The production of a copy
of a notice or order issued by the department, together  with  an  elec-
tronically-generated  record  of  entry of such order or notice upon the
appropriate driver's license or registration file of the department  and
an  affidavit  by  an  employee designated by the commissioner as having
responsibility for the issuance of such order or notice  issued  by  the
department  setting forth the procedure for the issuance and the mailing
of such notice or order shall be presumptive evidence that  such  notice
of suspension, revocation or order was produced and mailed in accordance
with such procedures. The foregoing procedure shall not preclude the use
of an affidavit of service by mail, a certificate of mailing or proof of
certified  or  registered  mail as proof of mailing of any such order or
notice. IN THE CASE OF AN ORDER OF SUSPENSION ISSUED FOR  A  FAILURE  TO
APPEAR, ANSWER OR PAY A FINE ISSUED UNDER SECTION TWO HUNDRED TWENTY-SIX
OR  SUBDIVISION  FOUR-A OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER, THE
PRODUCTION OF A COPY OF ANY RECORD WHICH CONTAINS THE NATURE AND DATE OF
THE CHARGE, THE NAME OF THE MOTORIST, AND THE ADDRESS TO WHICH THE ORDER
OF SUSPENSION WAS MAILED SHALL HAVE THE SAME FORCE AND EFFECT AS WOULD A
COPY OF SUCH ORDER UNDER THIS SECTION.
  S 2. Section 401 of the vehicle and traffic law is amended by adding a
new subdivision 5-b to read as follows:
  5-B. DENIAL OF REGISTRATION BASED ON  SUSPENDED  OR  REVOKED  DRIVER'S
LICENSE  OR PRIVILEGE. IF AT THE TIME OF APPLICATION FOR A REGISTRATION,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10243-01-9
              

A. 7080                             2

THE RECORDS OF THE DEPARTMENT INDICATE THAT THE REGISTRANT'S LICENSE  OR
PRIVILEGE  OF  OPERATING  A  MOTOR VEHICLE IN THIS STATE OR PRIVILEGE OF
OBTAINING A LICENSE TO OPERATE SUCH MOTOR VEHICLE ISSUED BY THE  COMMIS-
SIONER IS SUSPENDED, REVOKED OR OTHERWISE WITHDRAWN BY THE COMMISSIONER,
THE  COMMISSIONER  MAY,  PURSUANT TO REGULATION, DENY SUCH REGISTRATION.
SUCH DENIAL SHALL ONLY REMAIN IN EFFECT AS LONG AS THE SUSPENSION, REVO-
CATION OR WITHDRAWAL HAS NOT BEEN TERMINATED.
  S 3. Subdivision 3 of section 420-a of the vehicle and traffic law, as
added by chapter 695 of the laws of 1983, is amended to read as follows:
  3. A qualified dealer may issue a temporary  registration  under  this
section  only  to  a  person to whom he OR SHE has sold or transferred a
vehicle. Such a temporary registration may not be issued for  a  vehicle
which  is  eligible for issuance of a temporary certificate of registra-
tion pursuant to subdivision seven of section  four  hundred  twenty  of
this  article.  The  commissioner  may,  by regulation, exclude specific
classes or types of vehicles from the provisions of  this  section.  THE
COMMISSIONER  SHALL  DISSEMINATE ANY REGULATIONS PROMULGATED PURSUANT TO
SUBDIVISION FIVE-B OF SECTION FOUR HUNDRED ONE  OF  THIS  TITLE  TO  ALL
QUALIFIED  DEALERS.  A QUALIFIED DEALER MAY NOT ISSUE A TEMPORARY REGIS-
TRATION WHERE SUCH ISSUANCE WOULD BE PROHIBITED PURSUANT TO  SUCH  REGU-
LATIONS.
  S 4. This act shall take effect immediately provided that sections two
and  three  of  this act shall take effect on the first of December next
succeeding the date on which it shall have  become  a  law.    Effective
immediately,  the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of  the  foregoing  sections  of
this  act on their effective date are authorized and directed to be made
and completed on or before such effective date.