S T A T E O F N E W Y O R K
________________________________________________________________________
7890
2017-2018 Regular Sessions
I N A S S E M B L Y
May 18, 2017
___________
Introduced by M. of A. HOOPER -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the use of
first class mail to notify defendants and registrants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 4 of section 514 of the vehi-
cle and traffic law, as amended by chapter 163 of the laws of 2008, is
amended to read as follows:
(b) Upon such certification, the trial court, the clerk thereof, or
the administrative tribunal shall notify the registrant by [certified or
registered mail, return receipt requested] FIRST CLASS MAIL, that the
commissioner shall deny the registration or renewal application until
proof from the court wherein the charges were pending is provided to the
commissioner by such court, administrative tribunal, or registrant that
such registrant has answered or appeared, or in the case of an adminis-
trative tribunal provides proof that such registrant has complied with
the rules and regulations of said tribunal following entry of a final
decision. Thereafter and upon the appearance or answer of any such
person in response to such summonses the trial court or clerk thereof
shall forthwith certify that fact to the registrant, and to the commis-
sioner in a manner and form prescribed by the commissioner. In the case
of an administrative tribunal such certification shall be made to the
registrant and to the commissioner upon compliance with the rules and
regulations of such tribunal. Provided, however, that proof provided to
the commissioner by a registrant in the form of a certification provided
to such registrant pursuant to this paragraph shall have the same effect
as proof provided to the commissioner by such court or administrative
tribunal.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11653-01-7
A. 7890 2
§ 2. Section 1806 of the vehicle and traffic law, as amended by
section 1 of part C of chapter 55 of the laws of 2012, is amended to
read as follows:
§ 1806. Plea of not guilty by a defendant charged with a traffic
infraction. In addition to appearing personally to enter a plea of not
guilty to a violation of any provision of the tax law or the transporta-
tion law regulating traffic, or to a traffic infraction for the
violation of any of the provisions of the vehicle and traffic law or of
any local law, ordinance, order, rule or regulation relating to the
operation of motor vehicles or motorcycles, a defendant may enter a plea
of not guilty by mailing to the court of appropriate jurisdiction the
ticket making the charge and a signed statement indicating such plea.
Such plea must be sent: (a) by registered or certified mail, return
receipt requested or by first class mail; and (b) within forty-eight
hours after receiving such ticket. Upon receipt of such ticket and
statement, the court shall advise the violator, by first class mail, of
an appearance at which no testimony shall be taken. If the motorist
requests a trial, the court shall set a trial date on a date subsequent
to the date of the initial appearance and shall notify the defendant of
the date by first class mail but no warrant of arrest for failure to
appear can be issued until the violator is notified of a new court
appearance date by [registered or certified mail, return receipt
requested] FIRST CLASS MAIL, and fails to appear.
§ 3. This act shall take effect immediately.