2023 New York Laws › VAT - Vehicle and Traffic › Title 5 - Drivers' Licenses › Article 20 - Suspension and Revocation › 514 - Certifying Convictions, Forfeitures and Nonappearances to the Commissioner and Recording Convictions.

§ 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.