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This entry was published on 2021-12-24
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SECTION 514
Certifying convictions, forfeitures and nonappearances to the commissioner and recording convictions
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 5, ARTICLE 20
§ 514. Certifying convictions, forfeitures and nonappearances to the
commissioner and recording convictions. 1. (a) Upon a judgment of
conviction of any person of (a) homicide or assault arising out of the
operation of a motor vehicle, (b) criminally negligent homicide arising
out of the operation of a motor vehicle, (c) a felony involving the use
of a commercial motor vehicle, (d) a violation of any of the provisions
of this chapter (except one relating to parking, stopping or standing)
or (e) a violation of any law, ordinance, rule or regulation made by
local authorities in relation to traffic (except one relating to
parking, stopping or standing) or upon the forfeiture of bail given upon
a charge of violating any such provision, law, ordinance, rule or
regulation, the court or the clerk thereof shall within fifteen days
certify the facts of the case to the commissioner in such form and in
such manner as may be prescribed by the commissioner, who shall record
the same in his office. Such certificate shall be presumptive evidence
of the facts recited therein. If any such conviction shall be reversed
upon appeal therefrom, or shall be vacated or set aside, the person
whose conviction has been so reversed, vacated or set aside may serve on
the commissioner a certified copy of the appropriate order and the
commissioner shall thereupon record the same in connection with the
record of such conviction.

(b) Notwithstanding the provisions of paragraph (a), upon a judgment
of conviction for any offense for which a mandatory suspension or
revocation is required to be imposed, or a permissive suspension or
revocation is imposed by the court, the court or the clerk thereof shall
within ninety-six hours of the imposition of sentence file the
certificate required by paragraph (a) along with the license, when
surrendered at sentencing.

(c) Notwithstanding the provisions of paragraphs (a) and (b), the
commissioner may prescribe time limitations for the reporting of
judgments of conviction and transmission of such license that are longer
than those prescribed by this section for any courts to which this
section is applicable.

(d) Notwithstanding the provisions of paragraphs (a), (b) and (c) of
this subdivision, upon a judgment of conviction for a violation of any
provisions of this chapter or of any local law, rule, ordinance or
regulation relating to traffic (except one related to parking, stopping
or standing), the court or the clerk thereof shall, within ninety-six
hours of the imposition of the sentence, file the certificate required
by paragraph (a) of this subdivision, if the person convicted: (i) is
the holder of a commercial learner's permit or a commercial driver's
license issued by another state; or (ii) does not hold a commercial
learner's permit or a commercial driver's license, but has been issued a
license by another state and is convicted of a violation that was
committed in a commercial motor vehicle, as defined in subdivision four
of section five hundred one-a of this title.

3. (a) Upon the failure of a person to appear or answer, within sixty
days of the return date or any subsequent adjourned date, or the failure
to pay a fine imposed by a court, pursuant to a summons charging him or
her with a violation of any of the provisions of this chapter (except
one for parking, stopping or standing), section five hundred two or five
hundred twelve of the tax law, section fourteen-f, two hundred eleven or
two hundred twelve of the transportation law or of any law, ordinance,
rule or regulation made by a local authority, relating to traffic
(except for parking, stopping or standing), the trial court or the clerk
thereof shall within ten days certify that fact to the commissioner, in
the manner and form prescribed by the commissioner, who shall record the
same in his or her office. Thereafter and upon the appearance of any
such person in response to such summons or the receipt of the fine by
the court or such person's entry into an installment payment plan, the
trial court or the clerk thereof shall forthwith certify that fact to
the commissioner, in the manner and form prescribed by the commissioner.

(b) Upon the failure of a person to appear or answer, within sixty
days of the return date or any subsequent adjourned date, or the failure
to pay a fine imposed by a traffic and parking violations agency or a
traffic violations agency pursuant to a summons charging him or her with
a violation of:

(1) 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;

(2) section five hundred two or subdivision (a) of section eighteen
hundred fifteen of the tax law;

(3) 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

(4) any lawful ordinance or regulation made by a local or public
authority relating to traffic (except one for parking, stopping or
standing);

the clerk thereof shall within ten days certify that fact to the
commissioner, in the manner and form prescribed by the commissioner, who
shall record the same in his or her office. Thereafter and upon the
appearance of any such person in response to such summons or the receipt
of the fine by the agency or such person's entry into an installment
payment plan, the traffic and parking violations agency, the traffic
violations agency or the clerk thereof shall forthwith certify that fact
to the commissioner, in the manner and form prescribed by the
commissioner.

4. (a) Upon the failure of the owner of a motor vehicle registered in
this state or his representative to appear or answer, on the return date
or any subsequent adjourned date, or in the case of an administrative
tribunal fails to comply with the rules and regulations of said tribunal
following entry of a final decision in response to three or more
summonses or other process issued within an eighteen month period,
charging that said motor vehicle was parked, stopped or standing in
violation of the provisions of this chapter or any law, ordinance, rule
or regulation made by a local authority, the trial court or
administrative tribunal of appropriate jurisdiction may certify that
fact to the commissioner in the manner and form prescribed by the
commissioner, who may record the same in his office.

(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, 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 administrative 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 commissioner
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.

(c) At least sixty days prior to renewal date the commissioner shall
notify the registrant that unless he complies with the provisions of
this section as set forth above, his registration or renewal thereof,
will be denied.

4-a. (a) Upon the failure of the owner of a motor vehicle registered
in this state or his representative to appear or answer, on the return
date or dates or any subsequent adjourned date or dates, or in the case
of an administrative tribunal, fails to comply with the rules and
regulations of said tribunal following entry of a final decision or
decisions, in response to twenty or more summonses or other process
issued within an eighteen month period, charging that said motor vehicle
was parked, stopped or standing in violation of the provisions of this
chapter or any law, ordinance, rule or regulation made by a local
authority, the trial court or administrative tribunal of appropriate
jurisdiction may certify that fact to the commissioner in the manner and
form prescribed by the commissioner.

(b) 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 commissioner
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.

§ 5. Upon the conviction of any person under eighteen years of age who
resides within the household of his parent or guardian, the trial court
or clerk shall forthwith transmit written notice of such conviction to
the parent or guardian of such minor person; provided, however, that
transmittal of such notice of conviction shall not be required in any
case in which notice of arraignment of such person upon the charge or
charges of which convicted is required by, and shall have been
previously transmitted as provided in, subdivision two of section
eighteen hundred seven of this chapter.

6. Notwithstanding any inconsistent provision of this section, the
commissioner may exempt by regulation additional provisions of this
chapter or of other laws, ordinances, rules or regulations from the
requirements of subdivisions one and two.

7. Any person chargeable with the duty of reporting to the
commissioner a conviction, bail forfeiture, the fact that a person
failed to appear or answer pursuant to a summons, or the fact that a
person has answered or appeared, or in the case of an administrative
tribunal that a person has complied with the rules and regulations of
said tribunal following entry of a final decision, who wilfully fails or
neglects to do so, shall be punishable by a fine of not more than
twenty-five dollars for each separate offense.