S T A T E O F N E W Y O R K
________________________________________________________________________
545
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. DINOWITZ, HOOPER -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring
persistent alcohol offenders to surrender their registration and
number plates and be issued distinctive registrations and number
plates for such offenders, imposing mandatory motor vehicle registra-
tion suspensions for aggravated unlicensed operation of a motor vehi-
cle, enhancing the penalties for violating the conditions of a condi-
tional license, and directing the seizure of the registration and
number plates of certain persons arrested for an alcohol offense
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 401 of the vehicle
and traffic law, as amended by section 1 of part H of chapter 59 of the
laws of 2003, is amended to read as follows:
a. (I) Upon filing of such application and the payment of the fee
hereinafter provided, the commissioner shall assign to such motor vehi-
cle a distinctive number and, without expense to the applicant, issue
and deliver in such manner as the commissioner may select to the owner a
certificate of registration, in such form as the commissioner shall
prescribe, and two number plates at a place within the state of New York
named by the applicant in his or her application. A number plate, within
the meaning of this chapter, may, in the discretion of the commissioner,
be a plate of a permanent nature, treated with reflectorized material
according to specifications prescribed by the commissioner, and with a
date tag attached to such plate or to the vehicle as prescribed by regu-
lations of the commissioner indicating the validity of the plate during
a certain period and the issuance of such a number plate with such date
tag to a person possessing such a number plate shall be deemed the issu-
ance of a number plate. An additional fee, not to exceed twenty-five
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04338-01-1
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dollars, shall be paid to the commissioner whenever a set of reflector-
ized number plates is issued for any vehicle for which a registration
fee is normally charged except that, with respect to any number plate
which is specifically requested by the applicant, such fee shall be paid
to the commissioner upon approval of such request. In the event of the
loss, mutilation or destruction of any certificate of registration, any
number plate or set of number plates whether with or without a date tag
or tags, or any date tag or set of date tags provided for in this arti-
cle, the owner of a registered motor vehicle may file such statement and
proof of the facts as the commissioner shall require, with a fee of
three dollars, in the office of the commissioner, or, unless and until
the commissioner shall otherwise direct, in the office of the agent who
issued the certificate, plate, plates, tag or tags and the commissioner
or his or her agent, as the case may be, shall issue a duplicate or
substitute. It shall be the duty of every owner holding a certificate of
registration to notify the commissioner in writing of any change of
residence of such person within ten days after such change occurs, and
to inscribe on such certificate, in the place provided by the commis-
sioner, a record of such change of residence.
(II) (A) NOTWITHSTANDING ANY PROVISION OF SUBPARAGRAPH (I) OF THIS
PARAGRAPH, UPON THE SURRENDER OR SEIZURE OF THE NUMBER PLATES AND
CERTIFICATE OF REGISTRATION ISSUED PURSUANT TO ANY OTHER PROVISION OF
THIS ARTICLE FOR EVERY MOTOR VEHICLE REGISTERED BY A PERSISTENT ALCOHOL
OFFENDER, AS DEFINED IN SUBDIVISION THREE OF SECTION ELEVEN HUNDRED
NINETY-THREE OF THIS CHAPTER, AND UPON FILING AN APPLICATION FOR REGIS-
TRATION BY SUCH OFFENDER, AT A TIME HE OR SHE IS AUTHORIZED TO REGISTER
A MOTOR VEHICLE, AND THE PAYMENT OF THE REGULAR REGISTRATION FEE
PRESCRIBED BY THIS SECTION AND A FEE OF ONE HUNDRED DOLLARS, THE COMMIS-
SIONER SHALL ASSIGN THE MOTOR VEHICLE TO BE REGISTERED A DISTINCTIVE
NUMBER RESERVED FOR PERSISTENT ALCOHOL OFFENDERS AND SHALL ISSUE TO SUCH
OFFENDER A DISTINCTIVE CERTIFICATE OF REGISTRATION FOR PERSISTENT ALCO-
HOL OFFENDERS, IN SUCH FORM AS THE COMMISSIONER SHALL PRESCRIBE, AND TO
DISTINCTIVE NUMBER PLATES FOR PERSISTENT ALCOHOL OFFENDERS, OF SUCH
DESIGN AS THE COMMISSIONER SHALL PRESCRIBE. EVERY SUCH CERTIFICATE OF
REGISTRATION AND NUMBER PLATE SHALL BE OF SUCH A DESIGN AND IN SUCH A
FORM SO AS TO BE EASILY IDENTIFIED BY POLICE OFFICERS AND PEACE OFFICERS
AS THOSE OF A PERSISTENT ALCOHOL OFFENDER. EVERY CERTIFICATE OF REGIS-
TRATION ISSUED PURSUANT TO THIS SUBPARAGRAPH SHALL REMAIN IN EFFECT FOR
TWO YEARS AFTER A PERSISTENT ALCOHOL OFFENDER'S MOST RECENT CONVICTION
OF A VIOLATION OF SUBDIVISION ONE, TWO, TWO-A OR THREE OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THIS CHAPTER. UPON THE EXPIRATION THEREOF SUCH
OFFENDER MAY APPLY TO THE COMMISSIONER FOR A CERTIFICATE OF REGISTRATION
AND NUMBER PLATES PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH.
(B) THE COMMISSIONER SHALL MAINTAIN AN ACCURATE AND TIMELY DATA BASE
OF ALL PERSONS WHO HAVE BEEN DESIGNATED AS PERSISTENT ALCOHOL OFFENDERS
PURSUANT TO SUBDIVISION THREE OF SECTION ELEVEN HUNDRED NINETY-THREE OF
THIS CHAPTER. UNDER NO CIRCUMSTANCES SHALL A CERTIFICATE OF REGISTRA-
TION AND NUMBER PLATES BE ISSUED TO ANY SUCH OFFENDER OTHER THAN THOSE
PROVIDED FOR BY THIS SUBPARAGRAPH, UNTIL TWO YEARS AFTER THE OFFENDER'S
MOST RECENT CONVICTION OF VIOLATING SUBDIVISION ONE, TWO, TWO-A OR THREE
OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER.
S 2. Subdivision 1 of section 511 of the vehicle and traffic law is
amended by adding a new paragraph (d) to read as follows:
(D) IN ADDITION, WHEN A PERSON IS CONVICTED OF THIS OFFENSE, THE
REGISTRATIONS OF ALL MOTOR VEHICLES REGISTERED IN HIS OR HER NAME SHALL
BE SUSPENDED FOR SIXTY DAYS.
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S 3. Subdivision 2 of section 511 of the vehicle and traffic law is
amended by adding a new paragraph (c) to read as follows:
(C) IN ADDITION, WHEN A PERSON IS CONVICTED OF THIS OFFENSE, THE
REGISTRATIONS OF ALL MOTOR VEHICLES REGISTERED IN HIS OR HER NAME SHALL
BE SUSPENDED FOR ONE HUNDRED TWENTY DAYS.
S 4. Subdivision 3 of section 511 of the vehicle and traffic law is
amended by adding a new paragraph (c) to read as follows:
(C) IN ADDITION, WHEN A PERSON IS CONVICTED OF THIS OFFENSE, THE
REGISTRATIONS OF ALL MOTOR VEHICLES REGISTERED IN HIS OR HER NAME SHALL
BE SUSPENDED FOR ONE YEAR.
S 5. Section 1193 of the vehicle and traffic law is amended by adding
a new subdivision 3 to read as follows:
3. REGISTRATION SANCTIONS. (A) DEFINITION. FOR THE PURPOSES OF THIS
SUBDIVISION "PERSISTENT ALCOHOL OFFENDER" MEANS ANY PERSON WHO HAS BEEN
CONVICTED OF:
(1) THREE OR MORE VIOLATIONS OF SUBDIVISIONS ONE, TWO, TWO-A AND/OR
THREE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE WITHIN A
PERIOD OF FIVE YEARS; OR
(2) FIVE OR MORE VIOLATIONS OF SUBDIVISIONS ONE, TWO, TWO-A AND/OR
THREE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE WITHIN A
PERIOD OF TEN YEARS.
(B) UPON DETERMINATION BY A COURT THAT A PERSON IS A PERSISTENT ALCO-
HOL OFFENDER, THE COURT SHALL ORDER SUCH PERSON TO SURRENDER THE CERTIF-
ICATES OF REGISTRATION AND NUMBER PLATES OF ALL MOTOR VEHICLES WHICH
SUCH PERSON HAS REGISTERED PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER.
UPON RECEIPT OF SUCH CERTIFICATES OF REGISTRATION AND NUMBER PLATES, THE
COURT SHALL RETURN SUCH TO THE COMMISSIONER ALONG WITH NOTIFICATION THAT
SUCH PERSON IS A PERSISTENT ALCOHOL OFFENDER.
(C) IN ANY CASE IN WHICH A PERSISTENT ALCOHOL OFFENDER FAILS TO
SURRENDER ALL CERTIFICATES OF REGISTRATION AND NUMBER PLATES AS REQUIRED
BY PARAGRAPH (B) OF THIS SUBDIVISION, THE COMMISSIONER, AFTER RECEIVING
NOTICE THEREOF SHALL TAKE POSSESSION THEREOF OR DIRECT ANY PEACE OFFI-
CER, ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER TO
TAKE POSSESSION THEREOF AND RETURN THE SAME TO THE OFFICE OF THE COMMIS-
SIONER.
(D) UPON ARREST OF A PERSON FOR ANY VIOLATION OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THIS ARTICLE, THE ARRESTING OFFICER SHALL TAKE
POSSESSION OF THE CERTIFICATE OF REGISTRATION AND NUMBER PLATES OF THE
MOTOR VEHICLE OPERATED IN VIOLATION OF SUCH SECTION AND RETURN THE SAME
TO THE OFFICE OF THE COMMISSIONER WHEN:
(1) SUCH MOTOR VEHICLE IS REGISTERED IN THE NAME OF SUCH PERSON; AND
(2) SUCH PERSON:
(A) REFUSED A CHEMICAL TEST TO BE ADMINISTERED PURSUANT TO SECTION
ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE;
(B) HAD .20 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN HIS OR
HER BLOOD;
(C) WOULD BE A PERSISTENT ALCOHOL OFFENDER UPON CONVICTION OF SUCH
VIOLATION; OR
(D) HAD A PERSON UNDER SIXTEEN YEARS OF AGE AS A PASSENGER IN SUCH
MOTOR VEHICLE.
S 6. Paragraph (f) of subdivision 7 of section 1196 of the vehicle
and traffic law, as added by chapter 420 of the laws of 1989, is amended
to read as follows:
(f) It shall be a [traffic infraction] CLASS A MISDEMEANOR, AS DEFINED
IN THE PENAL LAW, for the holder of a conditional license or privilege
to operate a motor vehicle upon a public highway for any use other than
A. 545 4
those authorized pursuant to paragraph (a) of this subdivision. [When a
person is convicted of this offense, the sentence of the court must be a
fine of not less than two hundred dollars nor more than five hundred
dollars or a term of imprisonment of not more than fifteen days or both
such fine and imprisonment.] Additionally, the conditional license or
privileges described in this subdivision shall be revoked by the commis-
sioner upon receiving notification from the court that the holder there-
of has been convicted of this offense. FURTHERMORE, UPON SUCH NOTIFICA-
TION, THE COMMISSIONER SHALL SUSPEND THE REGISTRATION OF SUCH HOLDER FOR
A PERIOD OF NINETY DAYS, IN ADDITION TO ANY SUSPENSION OR REVOCATION
THEREOF IMPOSED PURSUANT TO SUBDIVISION TWO OF SECTION ELEVEN HUNDRED
NINETY-THREE OF THIS ARTICLE.
S 7. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided that the
commissioner of motor vehicles is authorized and directed to complete
any acts, rules and regulations necessary to implement the provisions of
this act on its effective date on or before such date.