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This entry was published on 2014-09-22
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SECTION 511-A
Facilitating aggravated unlicensed operation of a motor vehicle
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 5, ARTICLE 20
§ 511-a. Facilitating aggravated unlicensed operation of a motor
vehicle. 1. A person is guilty of the offense of facilitating aggravated
unlicensed operation of a motor vehicle in the third degree when such
person consents to the operation upon a public highway of a motor
vehicle registered in such person's name knowing or having reason to
know that the operator of such vehicle is a person whose license or
privilege of operating such motor vehicle in this state or privilege of
obtaining a license issued to operate such motor vehicle by the
commissioner is suspended, revoked or otherwise withdrawn by the
commissioner and the vehicle is operated upon a public highway by such
person.

2. Facilitating aggravated unlicensed operation of a motor vehicle in
the third degree is a traffic infraction. When a person is convicted
thereof the sentence of the court must be: (i) a fine of not less than
two hundred dollars nor more than five hundred dollars or (ii) a term of
imprisonment of not more than fifteen days, or (iii) both.

3. A person is guilty of facilitating aggravated unlicensed operation
of a motor vehicle in the second degree when such person:

(a) commits the offense of facilitating aggravated unlicensed
operation of a motor vehicle in the third degree as defined in
subdivision one of this section after having been convicted of such
offense within the preceding eighteen months; or

(b) consents to the operation upon a public highway of a motor vehicle
registered in such person's name knowing or having reason to know that
the operator of such vehicle is a person who has in effect three or more
suspensions, imposed on at least three separate dates, for failure to
answer, appear or pay a fine, pursuant to subdivision three of section
two hundred twenty-six or subdivision four-a of section five hundred ten
of this chapter; or

(c) commits the crime of facilitating aggravated unlicensed operation
of a motor vehicle in the third degree after having been convicted of
such an offense two or more times within the preceding five years.

For purposes of this subdivision, "motor vehicle" shall mean any
vehicle for hire, including a taxicab, livery, as defined in section one
hundred twenty-one-e of this chapter, coach, limousine, van or
wheelchair accessible van, tow truck, bus or commercial motor vehicle as
defined section five hundred nine-a of this chapter.

Facilitating aggravated unlicensed operation of a motor vehicle in the
second degree is a misdemeanor. When a person is convicted of this crime
pursuant to paragraphs (a) or (b) of this subdivision, the sentence of
the court must be: (i) a fine of not less than five hundred dollars, nor
more than seven hundred fifty dollars; or (ii) a term of imprisonment
not to exceed sixty days; or (iii) both a fine and imprisonment; or (iv)
where appropriate, a sentence of probation; or (v) a term of
imprisonment as a condition of a sentence of probation as provided in
the penal law. When a person is convicted of this crime pursuant to
paragraph (c) of this subdivision, the sentence of the court must be:
(i) a fine of not less than five hundred, nor more than one thousand
dollars; or (ii) a term of imprisonment not to exceed one hundred eighty
days; or (iii) both a fine and imprisonment; or (iv) where appropriate,
a sentence of probation; or (v) a term of imprisonment as a condition of
probation as provided in the penal law.

4. A person is guilty of facilitating aggravated unlicensed operation
of a motor vehicle in the first degree when such person consents to the
operation upon a public highway of a motor vehicle registered in such
person's name knowing or having reason to know that the operator of such
vehicle is a person who has in effect ten or more suspensions, imposed
on at least ten separate dates, for failure to answer, appear or pay a
fine, pursuant to subdivision three of section two hundred twenty-six or
subdivision four-a of section five hundred ten of this chapter.

For purposes of this subdivision, "motor vehicle" shall mean any
vehicle for hire, including a taxicab, livery, as defined in section one
hundred twenty-one-e of this chapter, coach, limousine, van or
wheelchair accessible van, tow truck, bus or commercial motor vehicle as
defined in section five hundred nine-a of this chapter.

Facilitating aggravated unlicensed operation of a motor vehicle in the
first degree is a class E felony. When a person is convicted of this
crime, the sentence of the court must be: (i) a fine in an amount not
less than one thousand dollars nor more than five thousand dollars; and
(ii) a term of imprisonment as provided in the penal law; or (iii) where
appropriate, a sentence of probation; or (iv) a term of imprisonment as
a condition of a sentence of probation as provided in the penal law.

5. Upon a conviction of a violation of subdivision three or four of
this section the commissioner shall revoke the registration of the motor
vehicle for which the defendant's consent is given and shall only be
restored pursuant to the provisions of subdivision five of section five
hundred ten of this article. If such defendant is a corporation,
partnership, association or other group, none of its officers,
principals, directors or stockholders owning more than ten percent of
the outstanding stock of the corporation shall be eligible to register
the motor vehicle.