Assembly Bill A5802

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

                                  5802

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 1, 2011
                               ___________

Introduced  by M. of A. TOWNS -- 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
section  1  of  part  K of chapter 59 of the laws of 2010, 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 at the address of such person on file with the
department or at the current  address  provided  by  the  United  States
postal service shall be presumptive evidence that such notice of suspen-
sion,  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09629-01-1
              

A. 5802                             2

  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,
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.