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

§ 510-a. Suspension and revocation of commercial driver's licenses. 1. Revocation.  A  commercial  driver's  license  shall  be  revoked by the commissioner whenever the holder is convicted within or outside of  this state  (a)  of  a  felony  involving the use of a motor vehicle except a felony as described in paragraph (b)  of  this  subdivision;  (b)  of  a felony  involving  manufacturing,  distributing  or dispensing a drug as defined in section one hundred fourteen-a of this chapter or  possession of any such drug with intent to manufacture, distribute or dispense such drug  in  which  a  motor  vehicle  was  used;  (c)  of  a  violation of subdivision one or two of section six hundred of this  chapter;  (d)  of operating  a  commercial  motor  vehicle  when,  as  a  result  of prior violations committed while operating a  commercial  motor  vehicle,  the driver's commercial driver's license is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle; (e)  has  been  convicted  of  causing  a fatality through the negligent operation of a commercial motor vehicle, including but  not  limited  to the  crimes  of vehicular manslaughter or criminally negligent homicide; or (f) the commissioner determines that the  holder  has  made  a  false statement  regarding  information:  (i)  required  by  the federal motor carrier safety improvement act of 1999 and Subpart  J  of  Part  383  of title  49  of  the  code of federal regulations relating to a commercial driver's license document in an application for  a  commercial  driver's license;  (ii)  required by the federal motor carrier safety improvement act of 1999 and Part 383.71 (a) and (g) of  title  49  of  the  code  of federal  regulations  relating to an initial commercial driver's license or existing commercial driver's license holder's  self-certification  in any  of the self-certifications regarding the type of driving engaged or to be engaged in by the holder or regarding the non-applicability to the holder of the physical qualification requirements of the  federal  motor carrier  safety  improvement act of 1999 and Part 391 of title 49 of the code of federal regulations relating to qualifications  of  drivers;  or (iii)  required  by  the federal motor carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of the code of  federal  regulations relating  to  commercial  driver's  license  requirements in any medical certificate.   2. Duration  of  revocation.  (a)  Except  as  otherwise  provided  in paragraph  (b)  of  this  subdivision,  where revocation of a commercial driver's license is mandatory pursuant to paragraph (a), (c),  (d),  (e) or  (f)  of  subdivision  one 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 for revocations pursuant to paragraph (a), (c), (d) or (e) of subdivision one of this section, 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 any felony involving the use of a motor vehicle pursuant to paragraph (a) of subdivision one of this section, or has been convicted  of  operating  a commercial motor vehicle when, as a result of prior violations committed while  operating  a  commercial  motor  vehicle, the driver's commercial driver's license is revoked, suspended, or canceled, or  the  driver  is disqualified  from  operating  a  commercial  motor vehicle, or has been convicted of causing a fatality through the  negligent  operation  of  a commercial  motor  vehicle,  including  but not limited to the crimes of vehicular manslaughter  or  criminally  negligent  homicide,  then  such commercial driver's license revocation shall be permanent.  (b)  Where revocation is mandatory pursuant to paragraph (a), (c), (d) or (e) of subdivision one of  this  section  and  the  commercial  motor vehicle was 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  any  felony involving  the  use  of  a  motor  vehicle  pursuant to paragraph (a) of subdivision one of this  section,  or  been  convicted  of  operating  a commercial motor vehicle when, as a result of prior violations committed while  operating  a  commercial  motor  vehicle  the driver's commercial driver's license is revoked, suspended, or canceled, or  the  driver  is disqualified  from  operating  a  commercial  motor vehicle, or has been convicted of causing a fatality through the  negligent  operation  of  a commercial  motor  vehicle,  including  but not limited to the crimes of vehicular manslaughter  or  criminally  negligent  homicide,  then  such commercial driver's license revocation shall be permanent.  (c)  The  permanent commercial driver's license revocation required by paragraphs (a) and  (b)  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  any felony involving the use of a motor vehicle pursuant to paragraph (a) of subdivision one of this section, or has been convicted of operating a commercial motor vehicle  when,  as  a result  of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license is revoked, suspended, or canceled, or the driver is disqualified from operating  a  commercial motor  vehicle;  or has been convicted of causing a fatality through the negligent operation of a commercial motor  vehicle,  including  but  not limited  to the crimes of vehicular manslaughter or criminally negligent homicide;  (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 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.  (d) 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.  (e)  Where  revocation  is  mandatory  pursuant  to  paragraph  (b) of subdivision one of this section such revocation shall be  permanent  and may not be waived by the commissioner under any circumstances.    3. Suspension. (a) A commercial driver's license shall be suspended by the  commissioner  for  a  period  of  sixty  days  where  the holder is convicted of two serious traffic violations as  defined  in  subdivision four  of  this section committed within a three year period, in separate incidents  whether  such  convictions occurred within or outside of this state.  (b)  A  commercial  driver's  license  shall  be  suspended   by   the commissioner for a period of one hundred twenty days where the holder is convicted  of three serious traffic violations as defined in subdivision four of this section committed within a three year period,  in  separate incidents  whether  such  convictions occurred within or outside of this state.  (c)  A  commercial  drivers  license  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.  (d)  A  commercial  driver's  license  shall  be  suspended   by   the commissioner:  (i) for a period of one hundred eighty days where the holder was found to  have  operated  a  commercial  motor  vehicle  designed  or  used to transport property as defined in subparagraphs (i) and (ii) of paragraph (a) of subdivision four of section five hundred one-a of this title,  in violation  of  an  out-of-service order as provided for in the rules and regulations of the department of transportation whether  such  violation was  committed  within this state or was the same or a similar violation involving an out-of-service order committed outside of this state;  (ii) for a period of two years if, during  any  ten-year  period,  the holder  is  found to have committed two such violations not arising from the same incident whether  such  violations  were  committed  within  or outside of the state;  (iii)  for a period of three years if, during any ten-year period, the holder is convicted of three or more such violations  not  arising  from the  same  incident  whether  such  violations  were committed within or outside of the state;  (iv) for a period of one hundred eighty days if the holder is found to have operated a commercial motor vehicle designed or used  to  transport passengers  or  property  as  defined  in subparagraphs (iii) and (v) of paragraph (a) of subdivision four of section five hundred one-a of  this title,  in  violation of an out-of-service order, as provided for in the rules  and  regulations  of  the  department  of  transportation,  while transporting  hazardous  materials  or passengers whether such violation was committed within this state or was the same or a  similar  violation committed outside of this state;  (v)  for  a  period of three years if, during any ten-year period, the holder is found to have committed two or more  violations,  not  arising from the same incident, of operating a commercial motor vehicle designed or  used to transport passengers or property as defined in subparagraphs (iii) and (v) of paragraph (a)  of  subdivision  four  of  section  five hundred one-a of this title, in violation of an out-of-service order, as provided  for  in  the  rules  and  regulations  of  the  department  of transportation, while transporting  hazardous  materials  or  passengers  whether  such  violation was committed within this state or was the same or a similar  violation  involving  an  out-of-service  order  committed outside of this state.  (e)   A   commercial  driver's  license  shall  be  suspended  by  the commissioner:  (i) for a period of sixty days where the  holder  is  convicted  of  a violation  of  section  eleven  hundred  seventy-one  or  section eleven hundred seventy-six of this chapter whether such violation was committed within this state or was the  same  or  a  similar  violation  involving railroad grade crossings committed outside of this state.  (ii)  for  a  period  of  one  hundred twenty days where the holder is convicted of a second violation of section eleven hundred seventy-one or section  eleven  hundred  seventy-six  of  this  chapter  whether   such violations were committed within or outside of this state, both of which were committed within a three year period.  (iii)  for  a  period  of  one year where the holder is convicted of a third violation of section eleven hundred seventy-one or section  eleven hundred  seventy-six  of  this  chapter  whether  such  violations  were committed within or outside of this state, all of which  were  committed within a three year period.   4.  Serious  traffic violations. (a) A serious traffic violation shall mean operating a commercial motor vehicle in violation of any  provision of this chapter or the laws or ordinances of any other state or locality outside of this state that restricts or prohibits the use of a hand-held mobile  telephone  or  a  portable  electronic  device while operating a commercial motor vehicle or  in  violation  of  any  provision  of  this chapter  or the laws of any other state, the District of Columbia or any Canadian province which (i) limits the speed of motor vehicles, provided the  violation  involved  fifteen  or  more  miles  per  hour  over  the established speed limit; (ii) is defined as reckless driving by state or local  law  or  regulation;  (iii)  prohibits  improper  or erratic lane change; (iv) prohibits following  too  closely;  (v)  relates  to  motor vehicle  traffic  (other  than  parking, standing or stopping) and which arises in connection with a fatal accident; (vi) operating a  commercial motor  vehicle  without first obtaining a commercial driver's license as required by section five hundred one of this title;  (vii)  operating  a commercial  motor  vehicle  without a commercial driver's license in the driver's possession; or (viii)  operating  a  commercial  motor  vehicle without   the   proper  class  of  commercial  driver's  license  and/or endorsement  for  the  specific  vehicle  being  operated  or  for   the passengers or type of cargo being transported.  (b)  Whether any specific violation which occurs without this state is a serious violation  shall  be  dependent  upon  whether  the  state  or province  in  which  the violation occurs, reports such violation to the commissioner as, or deems it to be, a serious  traffic  violation  under the  provisions  of  the  federal commercial motor vehicle safety act of nineteen hundred eighty-six, public law 99-570, title XII or  the  motor carrier   safety  improvement  act  of  1999,  public  law  106-159  and regulations promulgated thereunder.   4-a. Dismissal. The court shall dismiss  any  charge  of  operating  a commercial  motor  vehicle  without a commercial driver's license in the driver's possession if, between the date the driver is charged with such violation and  the  appearance  date  for  such  violation,  the  driver supplies  the  court  with  proof that he or she held a valid commercial driver's license on the date of such violation. Such  driver  must  also supply  such  proof  to  the  law  enforcement authority that issued the citation, prior to such driver's appearance in court.    5. Limitation of effect of revocation or suspension. Any revocation or suspension of a commercial driver's  license  issued  pursuant  to  this section  shall  be  applicable  only  to  that  portion  of the holder's driver's license or privilege which permits the operation of  commercial motor  vehicles, and the commissioner shall immediately issue a license, other than a commercial driver's license, to such person, provided  that such  person  is  otherwise eligible to receive such license and further provided that issuing a  license  to  such  person  does  not  create  a substantial traffic safety hazard.   6. Application of section to persons not holding a commercial driver's license.  Whenever  a  person  who  is  not  the  holder of a commercial driver's license issued by the commissioner is convicted of a  violation arising  out  of the operation of a commercial motor vehicle which would require the mandatory revocation or suspension of a commercial  driver's license  pursuant  to this section or clause (i) or (ii) of subparagraph five of paragraph (b) or clause b of subparagraph three of paragraph (e) of subdivision two of section eleven hundred ninety-three, or  clause  c of  subparagraph  one  of  paragraph  (d)  of subdivision two of section eleven hundred ninety-four of this chapter, the privilege of such person to operate a commercial motor vehicle  and/or  to  obtain  a  commercial driver's license issued by the commissioner will be suspended or revoked for the same periods of time and subject to the same conditions provided in this section, or clause (i) or (ii) of subparagraph five of paragraph (b)  or  clause  b of subparagraph three of paragraph (e) of subdivision two of section eleven hundred ninety-three, or clause c of  subparagraph one  of  paragraph  (d)  of  subdivision  two  of section eleven hundred ninety-four of this chapter, which would be applicable to the holder  of a commercial driver's license.   7.   Other   revocation  or  suspension  action  not  prohibited.  The provisions of this section shall not be construed to prevent any  person who  has  the  authority  to  suspend  or  revoke  a license to drive or privilege of operating pursuant to section  five  hundred  ten  of  this chapter  from  exercising any such authority based upon a conviction for which suspension or revocation of a commercial driver's license  by  the commissioner is mandated.   8.   Disqualifications   based  upon  record  review.  (a)  Where  the commissioner conducts a state record review pursuant to section  384.206 of  title 49 of the code of federal regulations and he or she determines that: (i) a person  applying  for  a  commercial  driver's  license  was convicted  outside  of  this  state  of  an offense set forth in section 383.51 of title 49 of the code of federal regulations  while  holding  a commercial driver's license issued by another state; and (ii) such other state failed to impose the commercial driver's license disqualification, suspension  or revocation set forth in section 383.51 of title 49 of the code of federal regulations for  such  offense,  then  the  commissioner shall  immediately  suspend such person's commercial driver's license or privilege of operating a commercial motor  vehicle.  Provided,  however, that  where  such  licenses would have been subject to revocation upon a conviction  for  such  conduct  had  it  occurred  in  this  state,  the commissioner  shall  revoke  such license. Such suspension or revocation shall be for the applicable period of time set forth  for  a  conviction for such offense in such section 383.51 as it existed on the date of the violation.  (b)  Any  suspension  or  revocation  of a commercial driver's license issued pursuant to paragraph (a) of this subdivision shall be applicable only to that portion of the holder's driver's license or privilege which permits the operation of commercial motor vehicles, and the commissioner shall immediately issue a license,  other  than  a  commercial  driver's  license,  to such person provided that such person is otherwise eligible to receive such license and further provided that issuing a  license  to such person does not create a substantial traffic safety hazard.   9.  Application  of  disqualifications  to  holders  of  a  commercial learner's permit.  Notwithstanding  any  other  provision  of  law,  any provision  of  this  chapter  relating  to  the  revocation, suspension, downgrading, disqualification or cancellation of a  commercial  driver's license shall apply in the same manner to a commercial learner's permit.   10.  Consecutive  disqualification  periods. Notwithstanding any other provision of law, whenever a suspension, revocation or  disqualification applicable  to  a  commercial  driver's  license or commercial learner's permit is required by Part 383.51 of title 49 of  the  code  of  federal regulations  and thereby imposed pursuant to this section or paragraph b or c of subdivision six of section five hundred ten  or  section  eleven hundred ninety-three or eleven hundred ninety-four of this chapter, such suspension,  revocation  or  disqualification shall take effect upon the expiration  of  the  minimum  period  of  a  suspension,  revocation  or disqualification  required  by  Part  383.51  of title 49 of the code of federal regulations and thereby imposed  pursuant  to  this  section  or paragraph  b  or  c  of  subdivision  six of section five hundred ten or section eleven hundred ninety-three or  eleven  hundred  ninety-four  of this chapter which is currently in effect for such license or permit and arose  from  a  separate  incident.  Provided, however, that the term or terms of any other suspension, revocation or disqualification applicable to a commercial driver's license or commercial  learner's  permit  shall run concurrently if: (a) such suspension, revocation or disqualification is  not  required  by  Part  383.51  of  title 49 of the code of federal regulations; or (b)  such  suspension,  revocation  or  disqualification arose from the same incident.