NY Veh & Traf L § 510 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 5 - Drivers' Licenses Article 20 - Suspension and Revocation 510 - Suspension, Revocation and Reissuance of Licenses and Registrations.

§ 510. Suspension,   revocation   and   reissuance   of  licenses  and registrations. 1. Who may suspend or revoke. Any magistrate, justice  or judge, in a city, in a town, or in a village, any supreme court justice, any  county  judge, any judge of a district court, the superintendent of state police and the  commissioner  of  motor  vehicles  or  any  person deputized  by  him, shall have power to revoke or suspend the license to drive a motor vehicle or motorcycle of any person, or in the case of  an owner, the registration, as provided herein.   A  learner's  permit, or a license which has expired but is renewable, shall be deemed a license within the meaning of this section.   2. Mandatory revocations and suspensions.  a.  Mandatory  revocations. Such  licenses  shall  be  revoked  and  such  registrations may also be revoked where the holder is convicted:  (i) of homicide or assault arising out of the  operation  of  a  motor vehicle or motorcycle or criminal negligence in the operation of a motor vehicle or motorcycle resulting in death, whether the conviction was had in this state or elsewhere;  (ii)  pursuant  to  section  twenty-three hundred eighty-five of title eighteen of the United States code,  of  the  crime  of  advocating  the overthrow of government, whether the conviction was had in this state or elsewhere;  (iii)  of  any  violation of subdivision two of section six hundred or section three hundred ninety-two or of a local law or  ordinance  making it unlawful to leave the scene of an accident without reporting;  (iv)  of a third or subsequent violation, committed within a period of eighteen months, of any provision of section eleven  hundred  eighty  of this  chapter,  any  ordinance or regulation limiting the speed of motor vehicles and motorcycles or any provision constituted a  misdemeanor  by this  chapter,  not  included  in  subparagraphs  (i)  or  (iii) of this paragraph, except violations of subdivision one of section three hundred seventy-five of this chapter or  of  subdivision  one  of  section  four hundred  one of this chapter and similar violations under any local law, ordinance or regulation committed by an employed driver if  the  offense occurred while operating, in the course of his employment, a vehicle not owned  by  said  driver,  whether  such  three  or  more violations were repetitions of the same offense or were different offenses;  (v) of a violation for the conviction of which  any  such  license  is subject  to  revocation  under  subdivision  two of section five hundred ten-b;  (vi) of a  violation  of  any  provision  of  section  eleven  hundred eighty-two of this chapter;  (vii) of a second violation of any provision of section eleven hundred eighty-two  committed  within  a  period  of  three  years of a previous violation of the aforesaid section shall result in a license  revocation of one year;  (viii) of a third violation, committed within a period of three years, of any provision of subdivision a of section eleven hundred seventy-four of this chapter;  (ix)  of  a  violation  of  section twelve hundred twenty-four of this chapter, other than a violation adjudicated by the environmental control board of a city having a population of one million or more  pursuant  to subdivision  seven  of  such  section, and fails to pay the fine imposed thereon pursuant to subdivision seven of such section;  (x) of a traffic infraction for  a  subsequent  violation  of  article twenty-six  of  this chapter and the commission of such violation caused serious physical injury to another person and such subsequent  violation occurred within eighteen months of a prior violation of any provision of  article  twenty-six  of  this chapter where the commission of such prior violation caused the serious physical injury or death of another person;  (xi)  of  a  traffic  infraction for a subsequent violation of article twenty-six of this chapter and the commission of such  violation  caused the  death  of  another  person  and  such subsequent violation occurred within eighteen months of a prior violation of any provision of  article twenty-six  of this chapter where the commission of such prior violation caused the serious physical injury or death of another person;  (xii) of a second or subsequent conviction of a violation  of  section twelve  hundred twenty-five-c or section twelve hundred twenty-five-d of this chapter committed where such person is the holder of a probationary license, as defined in subdivision four of section five hundred  one  of this  title,  at  the  time of the commission of such violation and such second or subsequent violation was committed within six months following the restoration or issuance of such probationary license; or  (xiii) of a second or subsequent conviction of a violation of  section twelve  hundred twenty-five-c or section twelve hundred twenty-five-d of this chapter committed where such person is the holder of a class DJ  or MJ  learner's  permit  or  a  class  DJ or MJ license at the time of the commission of such violation and such second or subsequent violation was committed within six months following the restoration of such permit  or license.   b.  Mandatory  suspensions. Such licenses shall be suspended, and such registrations may also be suspended:  (i) for a period of sixty days where the  holder  is  convicted  of  a violation  for  the  conviction  of  which  such  license  is subject to suspension pursuant to subdivision one of section five hundred ten-b;  (ii) when the holder forfeits bail given upon being charged  with  any of  the offenses mentioned in this subdivision, until the holder submits to the jurisdiction of the court in which he forfeited bail; and  (iii) such registrations shall be suspended when necessary  to  comply with  subdivision  nine of section one hundred forty or subdivision four of section one hundred forty-five of the transportation law or  with  an out  of  service  order  issued  by  the  United  States  department  of transportation. The commissioner shall have  the  authority  to  deny  a registration  or  renewal  application  to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where it has  been determined  that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration  or  renewal  will  have  the  effect  of defeating  the  purposes  of  this  subdivision.  Any  suspension issued pursuant to this subdivision by reason of an out of service order issued by the United States department of transportation shall remain in effect until such time as the commissioner is notified  by  the  United  States department  of transportation or the commissioner of transportation that the order resulting in the suspension is no longer in effect.  (iv) For a period of not less than thirty nor greater than one hundred eighty days where the holder is convicted of the crime of assault in the first, second or third degree as defined in article one  hundred  twenty of  the  penal  law,  where such offense was committed against a traffic enforcement agent employed by the city  of  New  York  or  the  city  of Buffalo  while  such  agent  was  enforcing or attempting to enforce the traffic regulations of such city.  (vi) for a period of sixty days where the holder  is  convicted  of  a violation  of subdivision one of section twelve hundred twenty-b of this chapter within a period of eighteen months of a  previous  violation  of such subdivision.  (vii)  for  a period of ninety days where the holder is convicted of a violation of subdivision one of section twelve hundred twenty-b of  this chapter  within  a  period  of  eighteen  months of two or more previous violations of such subdivision.  (ix)  For  a period of three months where the holder is sentenced to a license suspension pursuant to paragraph  (a)  of  subdivision  five  of section  sixty-five-b  of  the  alcoholic beverage control law, provided however,  that,  in  accordance  with  such  subdivision  five,     such suspension shall be only a license suspension.  (x)  For  a  period  of  six months where the holder is sentenced to a license suspension pursuant to paragraph  (b)  of  subdivision  five  of section  sixty-five-b  of  the  alcoholic beverage control law, provided however,  that,  in  accordance  with  such  subdivision  five,     such suspension shall be only a license suspension.  (xi)  For  a period of one year or until the holder reaches the age of twenty-one, whichever is the greater period of time, where the holder is sentenced  to  a  license  suspension  pursuant  to  paragraph  (c)   of subdivision  five  of  section  sixty-five-b  of  the alcoholic beverage control law, provided however, that, in accordance with such subdivision five, such suspension shall be only a license suspension.  (xii) for a period of one year where the holder is  convicted  of,  or receives  a  youthful  offender  or juvenile delinquency adjudication in connection with a violation of section 240.62  or  subdivision  five  of section 240.60 of the penal law.  (xiii) for a period of sixty days where the holder is convicted of two or  more  violations  of paragraph two of subdivision (d) or subdivision (f) of section eleven hundred eighty of this chapter.  (xiv) for a period of forty-five days where the holder is convicted of a traffic infraction for a first violation of article twenty-six of this chapter and the commission of such  violation  caused  serious  physical injury to another person, except: (A) where the holder is convicted of a traffic  infraction  for  a  first  violation  of section eleven hundred forty-six of this chapter and the commission of  such  violation  caused serious physical injury to another person, the suspension shall be for a period of six months; and (B) where the holder is convicted of a traffic infraction for a second violation of section eleven hundred forty-six of this  chapter  and  the  commission  of  such  violation  caused serious physical injury to another person, and such person has  previously  been convicted  of  a  traffic  infraction  for a violation of section eleven hundred forty-six of this chapter and the commission of  such  violation caused  serious physical injury to another person within five years, the suspension shall be for a period of one year.  (xv) for a period of seventy-five days where the holder  is  convicted of  a  traffic infraction for a first violation of article twenty-six of this chapter and the commission of such violation caused  the  death  of another person.  (xvi)  for  a  period  of  one hundred twenty days where the holder is convicted of a violation of  section  twelve  hundred  twenty-five-c  or section twelve hundred twenty-five-d of this chapter when such violation was  committed  while such holder had a probationary license, as defined in subdivision four of section five hundred one of this title.  (xvii) for a period of one hundred twenty days  where  the  holder  is convicted  of  a  violation  of  section twelve hundred twenty-five-c or section twelve hundred twenty-five-d of this chapter when such violation was committed while such holder had a class DJ or MJ learner's permit or a class DJ or MJ license.   c.  Application  of   mandatory   revocations   and   suspensions   to non-residents  and  to  unlicensed persons. Whenever a non-resident or a  person who is unlicensed is convicted of any  violation  or  receives  a youthful  offender  or  juvenile delinquency adjudication in conjunction with a violation of section 240.62 or subdivision five of section 240.60 of  the penal law, which would require the revocation or suspension of a license, pursuant to the provisions of this chapter, if  the  person  so convicted  or  adjudicated  was  the  holder  of a license issued by the commissioner, such non-resident's privilege of operating a motor vehicle in this state or such  unlicensed  person's  privilege  of  obtaining  a license  issued  by  the commissioner shall be revoked or suspended, and such non-resident's privilege of operation  within  this  state  of  any motor vehicle owned by such person or such unlicensed person's privilege of  obtaining a registration issued by the commissioner may be suspended as if such non-resident or unlicensed person was the holder of a license issued by the commissioner. The provisions of subdivisions six and seven of  this  section  shall  be  applicable  to  any  such  suspension   or revocation.   d.  Mandatory  suspensions;  vehicles over eighteen thousand pounds. A license or privilege shall be suspended by the commissioner for a period of sixty  days,  where  the  holder  is  convicted  of  a  violation  of subdivision  (g)  of  section eleven hundred eighty of this chapter, and (i) the recorded or entered speed upon which the  conviction  was  based exceeded  the  applicable speed limit by more than twenty miles per hour or (ii) the recorded or entered speed  upon  which  the  conviction  was based  exceeded  the  applicable  speed limit by more than ten miles per hour and the vehicle was  either  (A)  in  violation  of  any  rules  or regulations   involving  an  out-of-service  defect  relating  to  brake systems,  steering  components   and/or   coupling   devices,   or   (B) transporting   flammable   gas,  radioactive  materials  or  explosives. Whenever  a  license  is  suspended  pursuant  to  this  paragraph,  the commissioner  shall  immediately issue a restricted license provided the holder of such license is otherwise eligible to receive such  restricted license,  except  that no such restricted license shall be valid for the operation of a vehicle with a GVWR of more than eighteen thousand pounds and further provided that issuing a license  to  such  person  does  not create a substantial traffic safety hazard.   2-a. Mandatory suspension and revocation of a license and registration in certain cases. (a) Within seven days after conviction for a violation of  any  local  law which prohibits the knowing operation or offering to operate or permitting the  operation  for  hire  of  any  vehicle  as  a taxicab,  livery, as defined in section one hundred twenty-one-e of this chapter, coach, limousine, van or wheelchair accessible van or tow truck within the state without first having obtained  an  appropriate  license therefor  from  the  appropriate  licensing  authority  and  appropriate for-hire insurance from the appropriate insurance agency, the  taxi  and limousine  commission  or other local body having jurisdiction over such offenses with respect to such vehicles  shall  provide  notice  of  such conviction  to the commissioner in a manner agreed upon between any such local body and the  commissioner.  Upon  receipt  of  such  notice,  the commissioner  shall  suspend  the  license  of  such  operator  and  the registration of such vehicle for a period of sixty days.  (b) Within seven days after conviction for a violation  of  any  local law  which  prohibits  the  knowing  operation or offering to operate or permitting the operation for hire of any vehicle as a  taxicab,  livery, as  defined  in section one hundred twenty-one-e of this chapter, coach, limousine, van or wheelchair accessible van  or  tow  truck  within  the state without first having obtained an appropriate license therefor from the  appropriate  licensing authority and appropriate for-hire insurance from the appropriate insurance agency where the operator has, within the  previous five years, been convicted of any such violation, the taxi  and limousine  commission  or other local body having jurisdiction over such offenses with respect to such  vehicles  shall  provide  notice  to  the commissioner in a manner agreed upon between any such local body and the commissioner. Upon receipt of such notice, the commissioner shall revoke the license of such operator.  (c)  Within  seven  days after conviction for a violation of any local law which prohibits the knowing operation  or  offering  to  operate  or permitting  the  operation for hire of any vehicle as a taxicab, livery, as defined in section one hundred twenty-one-e of this  chapter,  coach, limousine,  van  or  wheelchair  accessible  van or tow truck within the state without first having obtained an appropriate license therefor from the appropriate licensing authority and appropriate  for-hire  insurance from  the  appropriate insurance agency where the registrant has, within the previous five years, been convicted of any such violation, the  taxi and  limousine  commission  or other local body having jurisdiction over such offenses with respect to such vehicles shall provide notice to  the commissioner in a manner agreed upon between any such local body and the commissioner. Upon receipt of such notice, the commissioner shall revoke the  registration  of  such  vehicle,  and  no new registration shall be issued for at least six months, nor thereafter, except in the discretion of the commissioner.  (d) The provisions of this subdivision shall not apply to any  taxicab or  livery  as  defined  in  section  one  hundred  twenty-one-e of this chapter, coach, limousine, van or wheelchair accessible van or tow truck licensed or permitted for such operation by the appropriate  local  body of  any  other  municipality,  the  department  of  transportation,  the metropolitan  transportation  authority  or  the   interstate   commerce commission.   3.   Permissive   suspensions   and  revocations.  Such  licenses  and registrations and the privilege of a non-resident of operating  a  motor vehicle  in  this  state and of operation within this state of any motor vehicle owned by him and  the  privilege  of  an  unlicensed  person  of obtaining  a  license  issued  by  the  commissioner  and of obtaining a registration issued by the commissioner may be suspended or revoked:   a. for any violation of the provisions of this chapter, except section eleven hundred ninety-two, or for any violation of a local ordinance  or regulation  prohibiting dangerous driving as shall, in the discretion of the officer acting hereunder, justify such revocation or suspension;   b. because of some physical or mental disability of  the  holder,  the court  commitment of the holder to an institution under the jurisdiction of the department of mental hygiene or the disability of the  holder  by reason of intoxication or the use of drugs;   c. because of the conviction of the holder at any time of a felony;   d.  for  habitual  or persistent violation of any of the provisions of this chapter, or of any lawful ordinance, rule  or  regulation  made  by local authorities in relation to traffic;   e.  for  gross  negligence  in  the  operation  of  a motor vehicle or motorcycle or operating a  motor  vehicle  or  motorcycle  in  a  manner showing a reckless disregard for life or property of others;   f.  for  knowingly  permitting  or  suffering  any  motor  vehicle  or motorcycle under the direction or control of the holder to  be  used  in aid or furtherance of the commission of any crime;   g.  for  preventing  lawful  identification  of  any  motor vehicle or motorcycle under the holder's direction or control,  or  evading  lawful arrest or prosecution while operating such motor vehicle or motorcycle;    h. for wilfully evading lawful prosecution in this state or in another state or jurisdiction for an offense committed therein against the motor vehicle or traffic laws thereof;   i.  for  habitual  or  persistent  violation of any provisions of this chapter, and/or any lawful ordinance, rule or regulation made  by  local authorities  in  relation  to  traffic, and/or violations committed in a commercial motor  vehicle  of  any  law,  statute,  ordinance,  rule  or regulation  in  relation to traffic made by any other state, District of Columbia, Canadian province or local authority of such  state,  district or province;   j.  except  as  provided  in  subdivision one herein or section eleven hundred ninety-three of this chapter upon the  conviction  of  a  person under  eighteen  years  of  age  of  any  crime  or  in  the  case of an adjudication of youthful offender under  nineteen  years  of  age,  such license or registration may be suspended or revoked for a maximum period of one year by the judge or justice sentencing him;   k.  for a period of up to ninety days because of the conviction of the holder of the offenses of menacing as defined in section 120.15  of  the penal   law,   where  such  offense  was  committed  against  a  traffic enforcement agent employed by the city  of  New  York  or  the  city  of Buffalo  while  such  agent  was  enforcing or attempting to enforce the traffic regulations of such city.   3-a.  Opportunity  to  be  heard  and  temporary  suspensions.   Where revocation  or  suspension  is  permissive,  the holder, unless he shall waive such right, shall have an opportunity to  be  heard  except  where such  revocation  or suspension is based solely on a court conviction or convictions or on  a  court  commitment  to  an  institution  under  the jurisdiction   of  the  department  of  mental  hygiene.  A  license  or registration, or the privilege of a non-resident of  operating  a  motor vehicle in this state or of the operation within this state of any motor vehicle  owned  by  him,  may, however, be temporarily suspended without notice, pending any prosecution, investigation or hearing.   4. Administrative action  pursuant  to  interstate  compact.  a.  Such licenses  may  be  suspended  where pursuant to any compact or agreement authorized by section five hundred seventeen of this chapter the  holder thereof  is  issued  a  summons  for  a moving traffic violation, is not detained or required to furnish bail or collateral and fails  to  appear in response to such summons. Such suspension shall remain in effect only until such holder submits to the jurisdiction of the court in which such summons is returnable.   b.  If  notification  is  received by the commissioner pursuant to any compact or agreement authorized by section  five  hundred  sixteen-b  of this  article that the holder of a New York license or an unlicensed New York resident has been convicted of an offense set forth in such compact or agreement, such conviction, for the purpose of administrative  action which  must  or  may  be  taken  by  the  commissioner  pursuant  to the provisions of this section, shall be deemed to be  a  conviction  of  an offense committed within this state in accordance with the provisions of such compact or agreement.   4-a.  Suspension  for failure to answer an appearance ticket. (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  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 notification of the failure of such person to appear within  sixty  days of  the  return  date or a new subsequent adjourned date, pursuant to an appearance 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 vehicle 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 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;  (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 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.   4-b.  Suspension of registration for failure to answer or to pay fines with respect to certain violations. Upon receipt of certification from a court or administrative tribunal of appropriate  jurisdiction  that  the owner  of  a motor vehicle or his representative failed to appear on the return date or dates or any subsequent adjourned date or dates or failed to comply with the rules and regulations of an  administrative  tribunal following  entry  of  a  final  decision  or  decisions  in  response to twenty-five or  more  summonses  or  other  process,  issued  within  an eighteen  month  period  charging  that  such  motor  vehicle is parked, stopped or standing in violation  of  any  of  the  provisions  of  this chapter  or  of  any  law, ordinance, rule or regulation made by a local authority, the commissioner shall suspend the registration of such motor vehicle. Such suspension shall take effect no less than thirty days from the date on which notice thereof is sent  by  the  commissioner  to  the person  whose registration is to be suspended and shall remain in effect as long as the summmons or summonses remain unanswered, or in  the  case of  an  administrative tribunal, the registrant fails to comply with the rules and regulations  following  the  entry  of  a  final  decision  or decisions.   * 4-c.  Suspension  of  registration  for  failure to answer or to pay fines with respect to parking, stopping and  standing  violations.  Upon receipt  of  certification  from  a  court or administrative tribunal of appropriate jurisdiction in a city with a population in  excess  of  one hundred thousand persons according to the nineteen hundred eighty United States  census  that  the owner of a motor vehicle or his representative following  compliance  by  such  city  with  the  notice  provisions  of subdivision  two  of  section  two  hundred thirty-five of this chapter, failed to appear on the return date or dates or any subsequent adjourned date or dates or failed to comply with the rules and regulations  of  an administrative   tribunal   following  entry  of  a  final  decision  or decisions, in response to five  or  more  summonses  or  other  process, issued  within a twelve month period charging that such motor vehicle is parked, stopped or standing in violation of any  of  the  provisions  of this  chapter  or  of  any  law, ordinance, rule or regulation made by a local authority, the commissioner shall suspend the registration of such motor vehicle. Such suspension shall take effect  no  less  than  thirty days  from  the date on which notice thereof is sent by the commissioner to the person whose registration is to be suspended and shall remain  in effect  as long as the summons or summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply  with the  rules  and  regulations  following the entry of a final decision or decisions.   * NB Repealed September 1, 2023   4-d. Suspension of registration for failure to answer or pay penalties with respect to certain violations. Upon the receipt of  a  notification from  a  court  or  an  administrative tribunal that an owner of a motor vehicle failed to appear on the return date or dates or a new subsequent adjourned date or dates or failed to pay any penalty imposed by a  court or  failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision or decisions,  in  response  to  five or more notices of liability or other process, issued within an eighteen month period charging such  owner  with  a  violation  of  toll collection  regulations in accordance with the provisions of section two thousand  nine  hundred  eighty-five  of  the  public authorities law or sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred seventy-four  of the laws of nineteen hundred fifty, the commissioner or his agent shall suspend the registration  of  the  vehicle  or  vehicles involved  in  the  violation  or the privilege of operation of any motor vehicle owned by the registrant. Such suspension shall  take  effect  no less  than  thirty days from the date on which notice thereof is sent by the commissioner to  the  person  whose  registration  or  privilege  is suspended  and shall remain in effect until such registrant has appeared in response to such notices of liability or has paid such penalty or  in the case of an administrative tribunal, the registrant has complied with the  rules  and  regulations  following the entry of a final decision or decisions.   * 4-e. Suspension and  disqualification  for  failure  to  make  child support  payments  or  failure  to  comply  with  a summons, subpoena or warrant relating to a paternity or child  support  proceeding.  (1)  The commissioner,  on  behalf  of the department, shall enter into a written agreement  with  the  commissioner  of  the  office  of  temporary   and disability  assistance,  on  behalf  of  the  office  of  temporary  and disability  assistance,  which  shall  set  forth  the  procedures   for suspending the driving privileges of individuals who have failed to make payments of child support or combined child and spousal support.  (2) Such agreement shall include:  (i)  the  procedure under which the office of temporary and disability assistance shall notify the department of an individual's liability  for support arrears;  (ii) the procedure under which the department shall be notified by the office  of  temporary  and  disability assistance that an individual has satisfied or commenced payment of his or her  support  arrears;  or  has made  satisfactory  payment  arrangements  thereon  and  shall  have the suspension of his or her driving privileges terminated;  (iii) the procedure for reimbursement of the department and its agents by the office of  temporary  and  disability  assistance  for  the  full additional  costs  of  carrying  out  the  procedures authorized by this section, and may include, subject to the approval of the director of the budget, a procedure for reimbursement of necessary additional  costs  of collecting  social security numbers pursuant to section five hundred two of this title;  (iv) provision for the publicizing  of  sanctions  for  nonpayment  of child  support  including the potential for the suspension of delinquent support obligors' driving privileges if they fail to pay  child  support or combined child and spousal support; and  (v)  such  other  matters  as the parties to such agreement shall deem necessary to carry out provisions of this section.  (3) Upon receipt of notification from  the  office  of  temporary  and disability  assistance  of a person's failure to satisfy support arrears or  to  make  satisfactory  payment  arrangements  thereon  pursuant  to paragraph  (e)  of subdivision twelve of section one hundred eleven-b of the social services law or notification from a court  issuing  an  order pursuant  to  section four hundred fifty-eight-a of the family court act or section two hundred forty-four-b of the domestic relations  law,  the commissioner  or  his  or  her  agent  shall suspend the license of such person to  operate  a  motor  vehicle.  In  the  event  such  person  is unlicensed,  such  person's  privilege  of  obtaining a license shall be suspended. Such suspension shall take effect no later than fifteen  days  from  the  date  of  the  notice  thereof to the person whose license or privilege of obtaining a license is to be suspended, and shall remain in effect until such time as the commissioner is advised  that  the  person has  satisfied  the  support  arrears  or  has made satisfactory payment arrangements thereon pursuant to paragraph (e) of subdivision twelve  of section  one  hundred  eleven-b of the social services law or until such time as the court issues an order to terminate such suspension;  (4) From the time the  commissioner  is  notified  by  the  office  of temporary  and disability assistance of a person's liability for support arrears under this section, the commissioner shall be relieved from  all liability  to  such person which may otherwise arise under this section, and such person shall have no  right  to  commence  a  court  action  or proceeding  or  to  any other legal recourse against the commissioner to recover such driving  privileges  as  authorized  by  this  section.  In addition,  notwithstanding any other provision of law, such person shall have no right to a hearing or  appeal  pursuant  to  this  chapter  with respect  to  a  suspension  of  driving privileges as authorized by this section. However, nothing herein shall be  construed  to  prohibit  such person  from  proceeding against the support collection unit pursuant to article seventy-eight of the civil practice law and rules.  (5)  Any  person  whose  license  has  been  suspended   pursuant   to subdivision  three  of  this  section  may  apply  for the issuance of a restricted use license as provided in section  five  hundred  thirty  of this title.   * NB Repealed August 31, 2023   4-f.  Suspension  for failure to pay past-due tax liabilities. (1) The commissioner shall enter into a written agreement with the  commissioner of   taxation   and   finance,   as  provided  in  section  one  hundred seventy-one-v of the tax law, which shall set forth the  procedures  for suspending  the  drivers'  licenses  of  individuals  who have failed to satisfy past-due tax liabilities as  such  terms  are  defined  in  such section.  (2)  Upon  receipt of notification from the department of taxation and finance  that  an  individual  has  failed  to  satisfy   past-due   tax liabilities,  or  to otherwise make payment arrangements satisfactory to the commissioner of taxation and finance, or has failed to  comply  with the  terms  of  such payment arrangements more than once within a twelve month period, the commissioner or his or her  agent  shall  suspend  the license  of  such  person  to operate a motor vehicle. In the event such person is unlicensed, such person's privilege  of  obtaining  a  license shall  be  suspended.  Such  suspension  shall take effect no later than fifteen days from the date of the notice thereof provided to the  person whose  license  or  privilege of obtaining a license is to be suspended, and shall remain in effect  until  such  time  as  the  commissioner  is advised   that  the  person  has  satisfied  his  or  her  past-due  tax liabilities, or has otherwise made payment arrangements satisfactory  to the commissioner of taxation and finance.  (3)  From  the  time the commissioner is notified by the department of taxation and finance under  this  section,  the  commissioner  shall  be relieved  from  all  liability  to such person which may otherwise arise under this section, and such person shall have no right  to  commence  a court  action  or  proceeding or to any other legal recourse against the commissioner to recover such driving privileges as  authorized  by  this section.  In  addition, notwithstanding any other provision of law, such person shall have no right to a  hearing  or  appeal  pursuant  to  this chapter with respect to a suspension of driving privileges as authorized by this section.  (4)  Notwithstanding  any  provision  of  law  to  the  contrary,  the department shall furnish the department of taxation and finance with the information necessary for the proper  identification  of  an  individual referred   to  the  department  for  the  purpose  of  driver's  license suspension   pursuant   to   this   section   and  section  one  hundred seventy-one-v of the tax law. This shall include the individual's  name, social  security  number  and  any other information the commissioner of motor vehicles deems necessary.  (5) Any  person  whose  driver's  license  is  suspended  pursuant  to paragraph  two  of  this  subdivision  may  apply  for the issuance of a restricted use license as provided in section  five  hundred  thirty  of this title.   4-g.  Suspension  of  registration for unlawful solicitation of ground transportation  services  at  an  airport.  Upon  the   receipt   of   a notification from a court or an administrative tribunal that an owner of a  motor  vehicle  was  convicted  of  a  second  conviction of unlawful solicitation  of  ground  transportation  services  at  an  airport   in violation  of subdivision one of section twelve hundred twenty-b of this chapter both of which were committed within a period of eighteen months, the commissioner or his agent shall  suspend  the  registration  of  the vehicle  involved in the violation for a period of ninety days; upon the receipt of such notification of a third or subsequent conviction  for  a violation  of  such  subdivision  all  of  which were committed within a period of eighteen months, the commissioner or his agent  shall  suspend such  registration  for  a  period  of  one  hundred  eighty  days. Such suspension shall take effect no less than thirty days from the  date  on which  notice  thereof  is  sent by the commissioner to the person whose registration or privilege is suspended. The commissioner shall have  the authority  to  deny  a  registration or renewal application to any other person for the same vehicle, where it  has  been  determined  that  such registrant's  intent  has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe  that  such registration  or  renewal will have the effect of defeating the purposes of this subdivision.   5. Restoration. A license or registration may be restored by direction of the commissioner but  not  otherwise.  Reversal  on  appeal,  of  any conviction because of which any license or registration has been revoked or suspended, shall entitle the holder to restoration thereof forthwith. The  privileges  of  a  non-resident may be restored by direction of the commissioner in his discretion but not otherwise.   6. Restrictions. a. Where revocation is mandatory  hereunder,  no  new license  shall  be issued for at least six months or, in certain cases a longer period as specified in this chapter, nor  thereafter,  except  in the discretion of the commissioner of motor vehicles.   b.  Except  as  otherwise provided in paragraph c of this subdivision, where  revocation  is  mandatory  pursuant  to  subparagraph  (iii)   of paragraph  a  of  subdivision  two  of  this  section, no new commercial driver's license shall be issued for at least one  year  nor  thereafter except in the discretion of the commissioner, except that if such person has  previously  been  found to have refused a chemical test pursuant to section eleven hundred ninety-four  of  this  chapter  or  has  a  prior conviction  of  any  of the following offenses: any violation of section eleven hundred ninety-two of this chapter; any violation of  subdivision one  or  two  of  section  six  hundred  of this chapter; or has a prior conviction of any felony involving the use of a motor  vehicle  pursuant to  paragraph  (a)  of  subdivision one of section five hundred ten-a of this article, then such commercial driver's license revocation shall  be permanent.    c.  Where  revocation  is  mandatory  pursuant  to  subdivision one of section five hundred ten-a of this  chapter  or  subparagraph  (iii)  of paragraph  a  of  subdivision  two  of this section and the violation of subdivision two of section six hundred of  this  chapter  was  committed while  operating  a  commercial  motor  vehicle  transporting  hazardous materials, no new commercial driver's license shall  be  issued  for  at least  three  years  nor  thereafter  except  in  the  discretion of the commissioner, except that if such person has previously  been  found  to have  refused  a  chemical  test  pursuant  to  section  eleven  hundred ninety-four of this chapter or has a prior  conviction  of  any  of  the following  offenses:  any violation of section eleven hundred ninety-two of this chapter; any violation of subdivision one or two of section  six hundred  of  this  chapter;  or  has  a  prior  conviction of any felony involving the use of a  motor  vehicle  pursuant  to  paragraph  (a)  of subdivision one of section five hundred ten-a of this article, then such commercial driver's license revocation shall be permanent.   d.  The  permanent  commercial driver's license revocation required by paragraphs b and c of this subdivision may be waived by the commissioner after a period of ten years has expired from such sentence provided:  (i) that during such ten year period such person has not been found to have  refused  a  chemical  test  pursuant  to  section  eleven  hundred ninety-four of this chapter and has not been convicted of any one of the following  offenses:  any violation of section eleven hundred ninety-two of this chapter; any violation of subdivision one or two of section  six hundred  of  this  chapter;  or  has  a  prior  conviction of any felony involving the use of a  motor  vehicle  pursuant  to  paragraph  (a)  of subdivision one of section five hundred ten-a of this article;  (ii)  if  any  of  the  grounds  upon  which  the permanent commercial driver's license revocation is based involved a finding  of  refusal  to submit to a chemical test pursuant to section eleven hundred ninety-four of  this  chapter  or  a conviction of a violation of any subdivision of section eleven hundred ninety-two of  this  chapter,  that  such  person provides  acceptable  documentation to the commissioner that such person has voluntarily enrolled in and successfully  completed  an  appropriate rehabilitation program; and  (iii)  after  such  documentation, if required, is accepted, that such person is granted  a  certificate  of  relief  from  disabilities  or  a certificate  of  good  conduct  pursuant  to article twenty-three of the correction law by the court in which such person was last penalized.   e. Upon a third finding of refusal and/or conviction  of  any  of  the offenses   which   require   a  permanent  commercial  driver's  license revocation,  such  permanent  revocation  may  not  be  waived  by   the commissioner under any circumstances.   f.  Where  revocation  is mandatory hereunder, based upon a conviction had outside this state, no new license shall be issued until after sixty days from the date of such revocation, nor  thereafter,  except  in  the discretion of the commissioner.   g.  Except  as  provided  in  paragraph  k  of this subdivision, where revocation is permissive, no new license or certificate shall be  issued by such commissioner to any person until after thirty days from the date of  such  revocation,  nor  thereafter,  except in the discretion of the commissioner  after  an  investigation  or  upon  a  hearing,  provided, however,  that  where  the  revocation  is  based  upon  a  failure in a reexamination pursuant to section five hundred six of  this  chapter,  a learner's  permit  may  be issued immediately and provided further, that where revocation is based upon a conviction of a felony,  other  than  a felony  relating  to  the  operation of a motor vehicle or motorcycle, a license shall be issued  immediately,  if  the  applicant  is  otherwise  qualified  and  if  the  application  for such license is accompanied by consent in writing issued by the parole or  probation  authority  having jurisdiction over such applicant.   h.  The  provisions of this subdivision shall not apply to revocations issued pursuant to  sections  eleven  hundred  ninety-three  and  eleven hundred ninety-four of this chapter.   k. Where revocation is permissive hereunder, based upon a finding of a violation  of  section three hundred ninety-two or section three hundred ninety-two-a of this chapter, no new license  or  certificate  shall  be issued  until  after  one  year  from  the  date of such revocation, nor thereafter, except in the discretion of the commissioner.   l. Where revocation is  mandatory  pursuant  to  subparagraph  (x)  of paragraph  a of subdivision two of this section, no new license shall be issued for at least seventy-five days,  nor  thereafter  except  in  the discretion of the commissioner.   m.  Where  revocation  is  mandatory  pursuant to subparagraph (xi) of paragraph a of subdivision two of this section, no new license shall  be issued  for  at  least one hundred twenty days, nor thereafter except in the discretion of the commissioner.   n. Notwithstanding the provisions of paragraph a of this  subdivision, subdivision  two  of  section  five  hundred  ten-b  of  this article or paragraph (b) of subdivision one of section five hundred ten-c  of  this article, where revocation is mandatory pursuant to subparagraph (xii) or subparagraph  (xiii)  of paragraph a of subdivision two of this section, no new license shall be issued for at least  one  year,  nor  thereafter except in the discretion of the commissioner.   o.  Notwithstanding the provisions of paragraph a of this subdivision, where  revocation  is  mandatory  pursuant  to  subparagraph  (iii)   of paragraph  a of subdivision two of this section involving a violation of section three hundred ninety-two of  this  chapter  in  relation  to  an application  for  the  commercial  driver's  license  or  the commercial learner's permit being revoked, no new commercial  driver's  license  or commercial  learner's  permit shall be issued for at least one year, nor thereafter except in the discretion of the commissioner.   7. Miscellaneous provisions. Except as  expressly  provided,  a  court conviction shall not be necessary to sustain a revocation or suspension. Revocation or suspension hereunder shall be deemed an administrative act reviewable  by  the  supreme  court  as  such.  Notice  of revocation or suspension, as well as any required notice of hearing, where the  holder is  not  present,  may be given by mailing the same in writing to him or her at the address contained in  his  or  her  license,  certificate  of registration  or  at  the  current address provided by the United States postal service, as the case may be. Proof of such mailing  by  certified mail to the holder shall be presumptive evidence of the holder's receipt and  actual  knowledge  of  such  notice. Attendance of witnesses may be compelled by subpoena.  Failure  of  the  holder  or  any  other  person possessing the license card or number plates, to deliver the same to the suspending  or revoking officer is a misdemeanor. Suspending or revoking officers shall place such license cards and number plates in the custody of the  commissioner  except  where  the  commissioner  shall  otherwise direct.  If  any  person  shall fail to deliver a license card or number plates as provided herein, any police officer, bridge and tunnel officer of  the  Triborough  bridge  and  tunnel  authority,  or  agent  of  the commissioner  having  knowledge  of  such  facts shall have the power to secure possession thereof and return the same to the  commissioner,  and the  commissioner  may  forthwith  direct any police officer, bridge and tunnel officer of the Triborough bridge  and  tunnel  authority,  acting pursuant  to  his or her special duties, or agent of the commissioner to  secure possession thereof and to return the same  to  the  commissioner. Failure  of  the  holder or of any person possessing the license card or number plates to deliver  to  any  police  officer,  bridge  and  tunnel officer  of  the Triborough bridge and tunnel authority, or agent of the commissioner who requests the same pursuant to this subdivision shall be a misdemeanor. Notice of revocation or  suspension  of  any  license  or registration  shall  be transmitted forthwith by the commissioner to the chief of police of the city or prosecuting officer of  the  locality  in which  the  person whose license or registration so revoked or suspended resides. In case any license or registration shall expire before the end of any period for which it has been revoked or suspended, and before  it shall  have  been restored as provided in this chapter, then and in that event any renewal thereof may be withheld until the end of  such  period of suspension or until restoration, as the case may be.   The  revocation  of  a learner's permit shall automatically cancel the application for a license of the holder of such permit.   No suspension or revocation of a license or registration shall be made because of a judgment  of  conviction  if  the  suspending  or  revoking officer  is  satisfied  that  the magistrate who pronounced the judgment failed to comply with subdivision one of section eighteen hundred  seven of  this  chapter.  In case a suspension or revocation has been made and the  commissioner  is  satisfied  that  there  was  such  failure,   the commissioner  shall  restore  the license or registration or both as the case may be.   8. Cancellation. Upon receipt of a license which has been  surrendered to  the  licensing authority of any other jurisdiction as a prerequisite to the issuance of a license by such other  jurisdiction  in  accordance with  the  provisions of the Driver License Compact or any other laws of such jurisdiction, the commissioner shall cancel such license. Provided, however, that such license shall not be cancelled if the licensee  is  a resident of this state.   9. Railroad vehicle violations. Upon certification by the commissioner of   transportation   that   there  has  been  a  violation  of  section seventy-six-b of the railroad law, the commissioner  of  motor  vehicles may  rescind,  cancel  or  suspend the registration of any motor vehicle described in subdivision one of section seventy-six-b  of  the  railroad law  and  may rescind, cancel, suspend or take possession of the current registration certificate and number plates of any such motor vehicle.   10. Where a youth is determined to be a youthful offender, following a conviction of a violation for which a license suspension  or  revocation is   mandatory   or  where  a  youth  receives  a  juvenile  delinquency adjudication in conjunction  with  a  violation  of  section  240.62  or subdivision  five  of  section  240.60 of the penal law, the court shall impose such suspension or  revocation  as  is  otherwise  required  upon conviction   and,   further,  shall  notify  the  commissioner  of  said suspension or revocation and its finding that said violator  is  granted youthful offender status as is required pursuant to section five hundred thirteen   of   this   chapter   or   received  a  juvenile  delinquency adjudication.   11. Notwithstanding any contrary provision of  law,  the  division  of criminal  justice  services is authorized to share with the commissioner such criminal history information in its possession as may be  necessary to effect the provisions of this chapter.