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This entry was published on 2014-09-22
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SECTION 338
Application to non-resident, other persons
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 3, ARTICLE 7
§ 338. Application to non-resident, other persons. (a) Whenever, by
the laws of this state, the commissioner has the power to suspend or
revoke a license if the operator or chauffeur were a resident, the
commissioner shall have similar power to suspend or revoke the license
or to forbid the operation of a motor vehicle in this state owned by
such operator or chauffeur if the operator or chauffeur is a
non-resident. And whenever by the laws of this state the commissioner
has the power to suspend or revoke the registration certificates and
registration plates if the owner were a resident, the commissioner shall
have similar power to forbid the operation within this state of any
motor vehicle if the owner is a non-resident.

(b) All of the provisions of this article shall apply to any person
who is not a resident of this state under the same circumstances as they
would apply to a resident; and, in such event, such a non-resident shall
not operate any motor vehicle in this state nor shall any motor vehicle
owned by him be operated in this state, unless and until such
non-resident or the owner of the motor vehicle, if another person, has
complied with the requirements of this article with respect to
furnishing security and giving proof of financial responsibility in the
future.

(c) Upon conviction of a non-resident or in case of any unsatisfied
judgment rendered against a non-resident which conviction or unsatisfied
judgment results in suspension of such non-resident's driving privileges
in this state and/or the prohibition of the operation within this state
of any motor vehicle owned by such non-resident, the commissioner shall
transmit a certified copy of any record of any such conviction or any
such unsatisfied judgment or any other action pursuant to this article
resulting in suspension of a non-resident's driving privileges in this
state and/or the prohibition of the operation within this state of any
motor vehicle owned by such non-resident to the motor vehicle
commissioner or officer performing the functions of a commissioner in
the state in which such non-resident resides.

In case a non-resident's failure to comply with the provisions of
section three hundred thirty-five results in suspension of such
non-resident's rights and privileges in this state and/or prohibition of
the operation within the state of any motor vehicle owned by such
non-resident, the commissioner shall transmit a certified copy of the
record of such action to the motor vehicle commissioner or officer
performing the functions of the commissioner in the state in which such
non-resident resides, if the law of such other state provides for action
in relation thereto similar to that provided for in subdivision (d) of
this section.

(d) The commissioner shall take action as required anywhere in this
article, upon receiving proper evidence that any resident of this state,
has in any other state had his driving privileges suspended and/or the
operation of any motor vehicle owned by him prohibited pursuant to a law
of such other state providing for such suspension or prohibition because
of a conviction or because of an unsatisfied judgment which would
require the commissioner to suspend a non-resident's driving privileges
had such a conviction or judgment been rendered in this state against a
non-resident, provided, however, that no suspension or prohibition shall
be effective until twenty days have elapsed from the date upon which
notice of suspension shall have been mailed to the operator or owner
during which period such operator or owner shall be permitted to submit
evidence of satisfaction of the judgment or other evidence relating
thereto.

Upon receipt of a certification that the operating privilege of a
resident of this state has been suspended, revoked or cancelled in any
such other state pursuant to a law providing for its suspension,
revocation or cancellation for failure to deposit security for the
payment of a judgment as may arise out of a motor vehicle accident under
circumstances which would require the commissioner to suspend a
non-resident's operating privilege had the accident occurred in this
state, the commissioner shall suspend the license of such resident if he
was the operator, and all of his registrations if he was the owner of a
motor vehicle involved in such accident. Such suspension shall continue
until such resident furnishes evidence of his compliance with the law of
such other state relating to the deposit of such security.

(e) The word "state" when used in this section shall, unless the
context clearly indicates otherwise, mean any state, territory or
possession of the United States, the District of Columbia or any
province of the Dominion of Canada.