S T A T E O F N E W Y O R K
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7154
2017-2018 Regular Sessions
I N A S S E M B L Y
April 10, 2017
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Introduced by M. of A. HUNTER -- read once and referred to the Committee
on Transportation
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 revoked license arising out of the oper-
ation of a motor vehicle
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:
§ 403-C. SURRENDER OF REGISTRATION AND NUMBER PLATES. 1. ANY PERSON
WHO HAS HAD THEIR LICENSE REVOKED PURSUANT TO SECTION FIVE HUNDRED TEN
OR FIVE HUNDRED TEN-A OF THIS CHAPTER, FOR CONDUCT RELATING TO THE OPER-
ATION OF A MOTOR VEHICLE, 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 SHALL
REMAIN IN EFFECT AS LONG AS THE REVOCATION OF SUCH DRIVER'S LICENSE.
2. A. THE COMMISSIONER OR HIS OR HER DULY AUTHORIZED AGENT SHALL NOTI-
FY EACH PERSON WHOSE LICENSE HAS BEEN REVOKED OF HIS OR HER OBLIGATION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 SUSPENSION 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LICENSE HAS BEEN REVOKED, THE VEHICLE REGISTRATION NUMBER OR NUMBERS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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10719-01-7
A. 7154 2
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 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 THAT FIFTEEN DAYS OR BOTH SUCH FINE
AND IMPRISONMENT.
3. A WAIVER OF SUBDIVISION ONE 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 LICENCE 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 AUTHOR-
IZED AGENT THAT HE OR SHE JOINTLY USES A MOTOR VEHICLE WHOSE REGISTRA-
TION AND NUMBER PLATES WOULD OTHERWISE BE SUBJECT TO SUSPENSION OR
SURRENDER PURSUANT TO SUBDIVISION ONE 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 USE. THE COMMISSION-
ER OR HIS OR HER DULY AUTHORIZED AGENT SHALL DETERMINE WHETHER AN INDI-
VIDUAL QUALIFIES AS AN IMMEDIATE FAMILY MEMBER, PROVIDED THAT SUCH DEFI-
NITION OF IMMEDIATE FAMILY MEMBERS SHALL INCLUDE WITHOUT LIMITATION
DOMESTIC PARTNERS AS DEFINED IN SECTION FOUR OF THE WORKERS' COMPEN-
SATION LAW AND ANY CHILDREN OF THE REGISTRANT.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.