S T A T E O F N E W Y O R K
________________________________________________________________________
3508--C
2015-2016 Regular Sessions
I N A S S E M B L Y
January 23, 2015
___________
Introduced by M. of A. MARKEY, LENTOL -- Multi-Sponsored by -- M. of A.
SOLAGES -- read once and referred to the Committee on Transportation
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to the surren-
der of number plates of all motor vehicles which a person has regis-
tered where such person has a suspended or revoked license arising out
of the operation of a motor vehicle within a city having a population
of one million or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 403-c to read as follows:
S 403-C. SURRENDER OF REGISTRATION AND NUMBER PLATES. 1. (A) ANY
PERSON WHO HAS HAD THEIR LICENSE SUSPENDED OR REVOKED PURSUANT TO
SECTION FIVE HUNDRED TEN OR FIVE HUNDRED TEN-A OF THIS CHAPTER, FOR
CONDUCT RELATING TO THE OPERATION OF A MOTOR VEHICLE WITHIN A CITY
HAVING A POPULATION OF ONE MILLION OR MORE, SHALL SURRENDER TO THE
DEPARTMENT THE NUMBER PLATES OF ALL MOTOR VEHICLES WHICH SUCH PERSON HAS
REGISTERED PURSUANT TO THIS ARTICLE, AND SHALL HAVE ANY MOTOR VEHICLE
REGISTRATIONS WHICH BELONG TO SUCH PERSON SUSPENDED. SUCH SURRENDER OF
NUMBER PLATES AND VEHICLE SUSPENSION OR SUSPENSIONS SHALL REMAIN IN
EFFECT AS LONG AS THE SUSPENSION OR REVOCATION OF SUCH DRIVER'S LICENSE.
(B) WHEN A LICENSE IS SUSPENDED OR REVOKED PURSUANT TO ANY SUBDIVISION
OF SECTION FIVE HUNDRED TEN OR FIVE HUNDRED TEN-A OF THIS CHAPTER, WHICH
REQUIRES CONVICTION OF MULTIPLE OFFENSES, INFRACTIONS OR VIOLATIONS, THE
PROVISIONS OF THIS SECTION SHALL ONLY APPLY IF THE FINAL SUCH OFFENSE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05720-11-5
A. 3508--C 2
INFRACTION OR VIOLATION OCCURS WITHIN A CITY HAVING A POPULATION OF ONE
MILLION OR MORE.
2. ALL MOTOR VEHICLES REGISTERED TO SUCH PERSON SHALL NOT BE REGIS-
TERED OR REREGISTERED IN THE NAME OF SUCH PERSON, OR IN ANY OTHER NAME
WHERE THE COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH
REGISTRATION OR REREGISTRATION WILL HAVE THE EFFECT OF DEFEATING THE
PURPOSES OF THIS SECTION, AND NO OTHER MOTOR VEHICLE SHALL BE REGISTERED
IN THE NAME OF SUCH PERSON DURING THE PERIOD OF SUCH SUSPENSION.
3. EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF SECTION FOUR HUNDRED
TWENTY-EIGHT OF THIS TITLE, REFUNDS OF FEES ASSESSED PURSUANT TO THIS
ARTICLE AND ARTICLE FOURTEEN-A OF THIS TITLE SHALL NOT BE PROVIDED WHEN
SUSPENSION IS MANDATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
4. THE COMMISSIONER SHALL DETERMINE THAT AN OFFENSE, INFRACTION OR
VIOLATION OCCURRED WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, IF THE ACCUSATORY INSTRUMENT THEREFOR, AS DEFINED IN SUBDIVISION
ONE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WAS COMPLETED BY A
POLICE OFFICER OF THE POLICE DEPARTMENT OF ANY SUCH CITY.
5. A. THE COMMISSIONER OR HIS OR HER DULY AUTHORIZED AGENT SHALL NOTI-
FY EACH PERSON WHOSE LICENSE HAS BEEN SUSPENDED OR REVOKED OF HIS OR HER
OBLIGATION TO SURRENDER THE NUMBER PLATES OF ANY MOTOR VEHICLES WHICH
SUCH PERSON HAS REGISTERED PURSUANT TO THIS ARTICLE, AND OF THE SUSPEN-
SION OF ANY VEHICLE REGISTRATIONS IN HIS OR HER NAME.
B. SUCH NOTICE SHALL INCLUDE THE NAME AND ADDRESS OF THE PERSON WHOSE
LICENSE HAS BEEN SUSPENDED OR REVOKED, THE VEHICLE REGISTRATION NUMBER
OR NUMBERS WHICH ARE SUSPENDED, THE NUMBER PLATES OF THE VEHICLE OR
VEHICLES WHICH MUST BE SURRENDERED, THE INFRACTION, INFRACTIONS, OFFENSE
AND/OR OFFENSES FOR WHICH THE REGISTRATION IS SUSPENDED AND NUMBER
PLATES MUST BE SURRENDERED, AND THE DATES AND TIMES OF THE CONVICTIONS
FOR SUCH INFRACTIONS AND/OR OFFENSES.
C. THE NOTICE SHALL ALSO CONTAIN A WARNING ADVISING THE PERSON OF THE
CONSEQUENCES OF FAILURE TO SURRENDER NUMBER PLATES.
D. THE NOTICE REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED BY FIRST
CLASS MAIL TO THE REGISTRANT OF THE MOTOR VEHICLE WITHIN THIRTY DAYS OF
THE LICENSE SUSPENSION OR REVOCATION.
E. SUCH PERSON SHALL SURRENDER ANY NUMBER PLATES FOR ANY VEHICLE FOR
WHICH THE PERSON IS THE REGISTRANT WITHIN FOURTEEN DAYS OF RECEIVING
NOTICE FROM THE DEPARTMENT. FAILURE TO SURRENDER NUMBER PLATES UPON
NOTICE SHALL CONSTITUTE AN INFRACTION, PUNISHABLE UPON CONVICTION BY A
FINE NOT LESS THAN ONE HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED
DOLLARS OR IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR BOTH SUCH FINE
AND IMPRISONMENT.
6. A WAIVER OF THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
SECTION SHALL BE AVAILABLE FOR MOTOR VEHICLES WHICH ARE JOINTLY USED BY
SPOUSES OR OTHER IMMEDIATE FAMILY MEMBERS IF THE IMPLEMENTATION OF SUCH
SUBDIVISION WOULD RESULT IN AN EXTREME HARDSHIP FOR THE SPOUSE OR FAMILY
MEMBER WHOSE LICENSE HAS NOT BEEN SUSPENDED OR REVOKED. TO BE ELIGIBLE
FOR AN EXTREME HARDSHIP EXCEPTION, A DULY LICENSED SPOUSE OR IMMEDIATE
FAMILY MEMBER MUST FURNISH PROOF ACCEPTABLE TO THE COMMISSIONER OR HIS
OR HER DULY AUTHORIZED AGENT THAT HE OR SHE JOINTLY USES A MOTOR VEHICLE
WHOSE REGISTRATION AND NUMBER PLATES WOULD OTHERWISE BE SUBJECT TO
SUSPENSION OR SURRENDER PURSUANT TO SUBDIVISION ONE OR TWO OF THIS
SECTION. ACCEPTABLE PROOF SHALL INCLUDE WITHOUT LIMITATION THE SPOUSE OR
IMMEDIATE FAMILY MEMBER BEING NAMED IN A POLICY OF LIABILITY INSURANCE
FOR THE MOTOR VEHICLE PURSUANT TO ARTICLE SEVEN OF THIS CHAPTER BEFORE
THE DATE OF CONVICTION, AND ANY ADDITIONAL FACTORS THAT THE COMMISSIONER
OR HIS OR HER DULY AUTHORIZED AGENT DEEMS NECESSARY TO ESTABLISH JOINT
A. 3508--C 3
USE. THE COMMISSIONER OR HIS OR HER DULY AUTHORIZED AGENT SHALL DETER-
MINE WHETHER AN INDIVIDUAL QUALIFIES AS AN IMMEDIATE FAMILY MEMBER,
PROVIDED THAT SUCH DEFINITION OF IMMEDIATE FAMILY MEMBERS SHALL INCLUDE
WITHOUT LIMITATION DOMESTIC PARTNERS AS DEFINED IN SECTION FOUR OF THE
WORKERS' COMPENSATION LAW AND ANY CHILDREN OF THE REGISTRANT.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.