2023 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  or  has
entered into an installment payment plan to pay 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 or has entered into an installment payment plan to
pay 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, 2025
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, 2025
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.
* 4-h.  Suspension  of registration for covering license plates with a
license plate cover or material  appearing  to  be  a  number  plate  or
obscuring  license  plates  with  any  material  or  substance. (a) Upon
receipt of a notification from a court  or  an  administrative  tribunal
that  an owner of a motor vehicle has been convicted three or more times
within a period of five years  of  a  violation  of  subparagraph  (ii),
(ii-a)  or  (iii)  of  paragraph  (b) of subdivision one of section four
hundred two of this chapter not arising out of the  same  incident,  the
commissioner or the commissioner's agent may suspend the registration of
the  motor  vehicle  involved  in  such violation for a period of ninety
days. The commissioner may, in the  commissioner's  discretion,  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  the
commissioner  has  determined  that such registrant's intent has been to
evade the purposes of this paragraph  and  where  the  commissioner  has
reasonable  grounds  to  believe  that such registration or renewal will
have the effect of defeating the purposes of this paragraph. Such denial
shall remain in effect only as long as the suspension  entered  pursuant
to this paragraph remains in effect.
(b)  Upon  receipt  of  notification from a court or an administrative
tribunal that an owner of a motor vehicle  has  failed  to  comply  with

paragraph (b) or (c) of subdivision eight of section four hundred two of
this  chapter,  the commissioner or the commissioner's agent may suspend
the registration of the motor vehicle involved  in  such  violation  and
such   suspension  shall  remain  in  effect  until  such  time  as  the
commissioner  is  advised  that  such  owner  has  complied  with   such
paragraphs,  as  applicable. The commissioner may, in the commissioner's
discretion, 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  the commissioner has determined that such registrant's
intent has been to evade the purposes of this paragraph  and  where  the
commissioner has reasonable grounds to believe that such registration or
renewal  will  have  the  effect  of  defeating  the  purposes  of  this
paragraph. Such denial shall remain  in  effect  only  as  long  as  the
suspension entered pursuant to this paragraph remains in effect.
* NB Effective September 1, 2024
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.
* The  commissioner  shall  provide  written notice, in a conspicuous,
bold  type,  to  all  persons  having  four   license   suspensions   or
revocations, where a fifth license suspension or revocation could result
in  a  charge  of  aggravated  unlicensed  operation in the first degree
pursuant to subparagraph (v) of paragraph (a) of  subdivision  three  of
section  five  hundred  eleven  of  this  article,  that  a  fifth  such
suspension or revocation would subject any  person  charged  under  such
subparagraph  (v) to a class E felony with a definite sentence which may
not exceed two years.
* NB Effective November 1, 2024
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.