S T A T E O F N E W Y O R K
________________________________________________________________________
2558
2021-2022 Regular Sessions
I N S E N A T E
January 21, 2021
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the vehicle and traffic law, in relation to the suspen-
sion of a license to drive a motor vehicle or motorcycle; and to amend
chapter 382 of the laws of 2020 amending the vehicle and traffic law
relating to the suspension of a license to drive a motor vehicle or
motorcycle, in relation to the suspension of a license to drive a
motor vehicle or motorcycle and the effectiveness thereof
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 226 of the vehi-
cle and traffic law, as amended by chapter 382 of the laws of 2020, is
amended to read as follows:
(a) If the person charged with the violation shall fail to answer the
summons as provided herein [involving a violation of section three
hundred eighty-five of this chapter], the commissioner may suspend such
person's license or driving privilege or, if the charge involves a
violation of section three hundred eighty-five, SECTION FOUR HUNDRED ONE
OR SECTION FIVE HUNDRED ELEVEN-A of this chapter by a registrant who was
not the operator of the vehicle, the registration of such vehicle or the
privilege of operation of any motor vehicle owned by such registrant may
be suspended, until such person shall answer as provided in subdivision
two of this section, OR HAS PAID THE FINE ASSOCIATED WITH A CONVICTION
ENTERED AS A RESULT OF THE FAILURE TO APPEAR IN RESPONSE TO SUCH
SUMMONS, OR THE DEFENDANT HAS BEEN ACQUITTED OF THE CHARGE THAT LED TO
THE SUSPENSION OR SUCH CHARGE WAS OTHERWISE DISMISSED. If a person shall
fail to appear at a hearing [involving a violation of section three
hundred eighty-five of this chapter], when such is provided for pursuant
to this section, such person's license, or registration or privilege of
operating or of operation, as appropriate, may be suspended pending
appearance at a subsequent hearing, or the disposition of the charges
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08712-01-1
S. 2558 2
involved. Any suspension permitted by this subdivision, if already in
effect, may be terminated or if not yet in effect, may be withdrawn or
withheld, prior to the disposition of the charges involved if such
person shall appear and post security in the amount of forty dollars to
guarantee his or her appearance at any required hearing. The security
posted pursuant to this subdivision shall be returned upon appearance at
the scheduled hearing or an adjourned hearing which results in a final
disposition of the charge, and otherwise shall be forfeited. If a
suspension has been imposed pursuant to this subdivision and the case is
subsequently transferred pursuant to subdivision two of section two
hundred twenty-five of this article, such suspension shall remain in
effect until the person answers the charges in the court to which the
case was transferred. Any suspension issued pursuant to this paragraph
shall be subject to the provisions of paragraph (j-1) of subdivision two
of section five hundred three of this chapter.
§ 2. Subdivision 1-a of section 226 of the vehicle and traffic law, as
added by chapter 382 of the laws of 2020, is amended to read as follows:
1-a. Return date notifications. The commissioner shall notify any
person who receives a summons and complaint for any traffic violation
specified in subdivision one of section two hundred twenty-five of this
article of the time and place of the return date for such summons, no
later than one week prior to such return date. The commissioner shall[:
(a)] send such notification by first class mail at the address of such
person on file with the department or at the current address provided by
the United States postal service in accordance with section two hundred
fourteen of this title[; and (b) provide an additional notification by
text message, electronic mail, or telephone call whenever the commis-
sioner has the telephone number or electronic mail address of such
person].
§ 3. Paragraph (a) of subdivision 2 of section 1802 of the vehicle and
traffic law, as added by chapter 382 of the laws of 2020, is amended to
read as follows:
(a) Whenever fines and/or surcharges are imposed upon a natural person
upon a conviction of a violation of any of the provisions of this chap-
ter or any local law, ordinance, order, rule or regulation made by local
authorities in relation to traffic, or whenever an order is entered
pursuant to subdivision three of section two hundred twenty-seven of
this chapter, the court or hearing officer shall offer such person the
opportunity to enter into an installment payment plan at no charge for
the payment of such fines and/or surcharges and any related fees INCLUD-
ING BUT NOT LIMITED TO THOSE DESCRIBED IN SUBPARAGRAPH (I) OF PARAGRAPH
(J-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE, SUBDIVISION
THREE OF SECTION FIVE HUNDRED FOURTEEN AND PARAGRAPH A OF SUBDIVISION
FOUR OF SECTION TWO HUNDRED TWENTY-SEVEN OF THIS CHAPTER. Any such
installment payment plan shall be comprised of all fines, fees and
mandatory surcharges and shall consist of monthly payments that do not
exceed two percent of such person's monthly net income or [ten] TWENTY-
FIVE dollars per month, whichever is greater. For the purposes of this
subdivision, the term "net income" shall mean such person's total income
from all sources and assets, minus deductions required by law including
but not limited to administrative or court-ordered garnishments and
support payments. A court or hearing officer may require the submission
of a financial disclosure report, on a form prescribed by the commis-
sioner, from all persons who opt to enter into installment payment
plans. A court or hearing officer also may accept payments higher than
the set amount, but may not undertake additional collection activity so
S. 2558 3
long as the person meets his or her PAYMENT obligations under the
installment payment plan. A COURT OR HEARING OFFICER MAY UNDERTAKE ADDI-
TIONAL COLLECTION ACTIVITY, BUT NO SOONER THAN NINETY DAYS AFTER A
PERSON FAILS TO MEET THEIR PAYMENT OBLIGATION UNDER THE INSTALLMENT
PAYMENT PLAN. A court or hearing officer may require persons entering
installment payment plans to appear periodically before such court or
hearing officer, but no more frequently than annually, to assess their
financial circumstances, and may set a new payment amount if such
person's financial circumstances have changed. A person who enters into
an installment payment plan and experiences a reduction in income may
petition the court or hearing officer [at any time] NO MORE THAN TWO
TIMES IN A CALENDAR YEAR to seek a reduction in the monthly payment;
PROVIDED, HOWEVER, IN THE INTERESTS OF JUSTICE, THE COURT OR HEARING
OFFICER MAY ACCEPT A REDUCTION REQUEST FROM SUCH PERSON AT ANY TIME.
§ 4. Subdivision 4-a of section 510 of the vehicle and traffic law, as
amended by chapter 382 of the laws of 2020, is amended to read as
follows:
4-a. Suspension for failure to answer an appearance ticket [or to pay
a fine]. (a) Upon receipt of a court notification of the failure of a
person to appear within sixty days of the return date or new subsequent
adjourned date, pursuant to an appearance ticket charging said person
with a violation of any OF THE PROVISIONS OF THIS CHAPTER (EXCEPT ONE
FOR PARKING, STOPPING, OR STANDING), OF ANY violation of the tax law or
of the transportation law regulating traffic OR OF ANY LAWFUL ORDINANCE
OR REGULATION MADE BY A LOCAL OR PUBLIC AUTHORITY, RELATING TO TRAFFIC
(EXCEPT ONE FOR PARKING, STOPPING, OR STANDING) the commissioner or his
or her agent may suspend the driver's license or privileges of such
person pending receipt of notice from the court that such person has
appeared in response to such appearance ticket or has paid [such] THE
fine ASSOCIATED WITH A CONVICTION ENTERED AS A RESULT OF THE FAILURE TO
APPEAR IN RESPONSE TO SUCH APPEARANCE TICKET, OR THE DEFENDANT HAS BEEN
ACQUITTED OF THE CHARGE THAT LED TO THE SUSPENSION OR SUCH CHARGE WAS
OTHERWISE DISMISSED. Such suspension shall take effect no less than
thirty days from the day upon which AN INITIAL notice thereof is sent by
the commissioner to the person whose driver's license or privileges are
to be suspended, PROVIDED THAT THE COMMISSIONER SHALL SEND SUCH PERSON
AT LEAST TWO NOTICES THEREOF, INCLUDING SUCH INITIAL NOTICE, AT LEAST
FIFTEEN DAYS APART DURING SUCH PERIOD. Any suspension issued pursuant to
this paragraph shall be subject to the provisions of paragraph (j-l) of
subdivision two of section five hundred three of this chapter.
(b) The provisions of paragraph (a) of this subdivision shall not
apply to a registrant who was not operating a vehicle, but who was
issued a summons or an appearance ticket for a violation of section
three hundred eighty-five, section four hundred one or section five
hundred eleven-a of this chapter. Upon the receipt of a court notifica-
tion of the failure of such person to appear within sixty days of the
return date or a new subsequent adjourned date, pursuant to an appear-
ance ticket charging said person with such violation, or the failure of
such person to pay a fine imposed by a court, the commissioner or his or
her agent may suspend the registration of the vehicle or vehicles
involved in such violation or privilege of operation of any motor vehi-
cle owned by the registrant pending receipt of notice from the court
that such person has appeared in response to such appearance ticket or
has paid such fine. Such suspension shall take effect no less than
thirty days from the day upon which notice thereof is sent by the
commissioner to the person whose registration or privilege is to be
S. 2558 4
suspended. Any suspension issued pursuant to this paragraph shall be
subject to the provisions of paragraph (j-1) of subdivision two of
section five hundred three of this chapter.
(c) Upon receipt of notification from a traffic and parking violations
agency or a traffic violations agency of the failure of a person to
appear within sixty days of the return date or new subsequent adjourned
date, pursuant to an appearance ticket charging said person with a
violation of:
(i) ANY OF THE PROVISIONS OF THIS CHAPTER EXCEPT ONE FOR PARKING,
STOPPING OR STANDING AND EXCEPT THOSE VIOLATIONS DESCRIBED IN PARAGRAPHS
(A), (B), (D), (E) AND (F) OF SUBDIVISION TWO AND IN PARAGRAPHS (A),
(B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A AND IN PARAGRAPHS (A),
(B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-B OF SECTION THREE HUNDRED
SEVENTY-ONE OF THE GENERAL MUNICIPAL LAW;
(II) section five hundred two or subdivision (a) of section eighteen
hundred fifteen of the tax law; [or
(ii)] (III) section fourteen-f (except paragraph (b) of subdivision
four of section fourteen-f), two hundred eleven or two hundred twelve of
the transportation law; OR
(IV) ANY LAWFUL ORDINANCE OR REGULATION MADE BY A LOCAL OR PUBLIC
AUTHORITY RELATING TO TRAFFIC (EXCEPT ONE FOR PARKING, STOPPING OR
STANDING), the commissioner or his or her agent may suspend the driver's
license or privileges of such person pending receipt of notice from the
agency that such person has appeared in response to such appearance
ticket or has paid [such] THE fine ASSOCIATED WITH A CONVICTION ENTERED
AS A RESULT OF THE FAILURE TO APPEAR IN RESPONSE TO SUCH APPEARANCE
TICKET, OR THE DEFENDANT HAS BEEN ACQUITTED OF THE CHARGE THAT LED TO
THE SUSPENSION OR SUCH CHARGE WAS OTHERWISE DISMISSED. Such suspension
shall take effect no less than thirty days from the day upon which AN
INITIAL notice thereof is sent by the commissioner to the person whose
driver's license or privileges are to be suspended, PROVIDED THAT THE
COMMISSIONER SHALL SEND SUCH PERSON AT LEAST TWO NOTICES THEREOF,
INCLUDING SUCH INITIAL NOTICE, AT LEAST FIFTEEN DAYS APART DURING SUCH
PERIOD. Any suspension issued pursuant to this paragraph shall be
subject to the provisions of paragraph (j-1) of subdivision two of
section five hundred three of this chapter.
§ 5. Sections 7 and 8 of chapter 382 of the laws of 2020, amending the
vehicle and traffic law relating to the suspension of a license to drive
a motor vehicle or motorcycle, are amended to read as follows:
§ 7. Termination of suspension for failure to [appear, answer or] pay
a fine. a. [Within three months of the effective date of this section,
the] THE commissioner of motor vehicles shall terminate all suspensions
of licenses, privileges to operate a motor vehicle and registrations
based upon a failure to [appear, answer, or] pay a fine, penalty or
mandatory surcharge pursuant to subdivision 3 of section 226, subdivi-
sion 4 of section 227, or subdivision 4-a of section 510 of the vehicle
and traffic law, in effect prior to the effective date of this section.
The commissioner of motor vehicles shall waive all fees and fines asso-
ciated with the termination of such suspension, including but not limit-
ed to those described in subparagraph (i) of paragraph (j-1) of subdivi-
sion 2 of section 503, subdivision 3 of section 514 and paragraph a of
subdivision 4 of section 227 of the vehicle and traffic law, as in
existence prior to the effective date of this section. Provided, howev-
er, that the provisions of this section shall not apply to suspensions
imposed pursuant to such sections involving violations of section 385 of
S. 2558 5
the vehicle and traffic law, or any violation of the tax law or of the
transportation law regulating traffic.
b. Upon termination of suspensions pursuant to this section, the
commissioner of motor vehicles shall give the person whose license
and/or registration suspension is terminated pursuant to this section a
written notification by first class mail to the address of such person
on file with the department of motor vehicles or at the current address
provided by the United States postal service. Such notice shall inform
such person of the termination of the suspension of their license and/or
registration, the date of such termination, [that continued failure to
answer the violation for which the suspension for failure to answer was
originally imposed may subject such person to the entry of a guilty plea
on their behalf and the rendering of a default judgment of a fine as
well as additional enforcement actions including garnishment of wages
and personal property, restraining of bank accounts, and the placing of
liens on real property, and that unpaid fines can be entered as a civil
judgment for enforcement. Such notice also shall provide instructions on
how such person can avoid the imposition of such additional plea,
default, and enforcement actions] AND OF THEIR RIGHT TO ENTER INTO AN
INSTALLMENT PAYMENT PLAN PURSUANT TO SUBDIVISION 2 OF SECTION 1802 OF
THE VEHICLE AND TRAFFIC LAW.
§ 8. 1. WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE
COMMISSIONER OF MOTOR VEHICLES, IN CONSULTATION WITH THE CHIEF ADMINIS-
TRATIVE JUDGE, SHALL PROVIDE EACH COURT AND ADMINISTRATIVE TRIBUNAL
WITHIN THE STATE A NOTIFICATION ADVISING SUCH COURT AND ADMINISTRATIVE
TRIBUNAL THAT NO FURTHER ENFORCEMENT ACTION MAY BE UNDERTAKEN WITH
REGARD TO SUSPENSIONS OF LICENSES OR PRIVILEGES TO OPERATE A MOTOR VEHI-
CLE BASED UPON A FAILURE TO PAY A FINE, PENALTY, MANDATORY SURCHARGE OR
OTHER RELATED FEE ISSUED PURSUANT TO SUBDIVISION 3 OF SECTION 226,
SUBDIVISION 4 OF SECTION 227, OR SUBDIVISION 4-A OF SECTION 510 OF THE
VEHICLE AND TRAFFIC LAW.
2. THE COMMISSIONER OF MOTOR VEHICLES SHALL, WITHIN A REASONABLE PERI-
OD AFTER SUCH INSTALLMENT PAYMENT PLAN HAS BEEN IMPLEMENTED, SEND A
NOTICE TO PERSONS WHOSE DRIVERS' LICENSES, PRIVILEGES, OR REGISTRATION
HAVE BEEN SUSPENDED FOR FAILURE TO APPEAR OR ANSWER A SUMMONS OR APPEAR-
ANCE TICKET, BY FIRST CLASS MAIL TO THE ADDRESS OF SUCH PERSONS ON FILE
WITH THE DEPARTMENT OF MOTOR VEHICLES OR AT THE CURRENT ADDRESS PROVIDED
BY THE UNITED STATES POSTAL SERVICE, OF THE AVAILABILITY OF, THEIR RIGHT
TO ENTER INTO AND INFORMATION ON HOW TO ENTER INTO, AN INSTALLMENT
PAYMENT PLAN FOR ALL FINES, SURCHARGES AND ANY RELATED FEES IN ACCORD-
ANCE WITH SECTION THREE OF THIS ACT.
§ 9. This act shall take effect on the [ninetieth] ONE HUNDRED EIGHT-
IETH day after it shall have become a law provided, however, sections
[two and seven] FOUR, FIVE, SIX AND EIGHT of this act shall take effect
[the first of April next succeeding the date upon which it shall have
become a law] IMMEDIATELY. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
§ 6. This act shall take effect immediately, provided, however, that
sections one, two, three and four of this act shall take effect on the
same date and in the same manner as chapter 382 of the laws of 2020,
takes effect.
