2023 New York Laws › VAT - Vehicle and Traffic › Title 3 - Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions › Article 7 - Motor Vehicle Safety Responsibility Act › 338 - Application to Non-Resident, Other Persons.

§ 338. Application  to  non-resident,  other persons. (a) Whenever, by
the laws of this state, the commissioner has the  power  to  suspend  or
revoke  a  license  if  the  operator  or chauffeur were a resident, the
commissioner shall have similar power to suspend or revoke  the  license
or  to  forbid  the  operation of a motor vehicle in this state owned by
such  operator  or  chauffeur  if  the  operator  or  chauffeur   is   a
non-resident.  And  whenever  by the laws of this state the commissioner
has the power to suspend or revoke  the  registration  certificates  and
registration plates if the owner were a resident, the commissioner shall
have  similar  power  to  forbid  the operation within this state of any
motor vehicle if the owner is a non-resident.
(b) All of the provisions of this article shall apply  to  any  person
who is not a resident of this state under the same circumstances as they
would apply to a resident; and, in such event, such a non-resident shall
not  operate any motor vehicle in this state nor shall any motor vehicle
owned  by  him  be  operated  in  this  state,  unless  and  until  such
non-resident  or  the owner of the motor vehicle, if another person, has
complied  with  the  requirements  of  this  article  with  respect   to
furnishing  security and giving proof of financial responsibility in the
future.
(c) Upon conviction of a non-resident or in case  of  any  unsatisfied
judgment rendered against a non-resident which conviction or unsatisfied
judgment results in suspension of such non-resident's driving privileges
in  this state and/or the prohibition of the operation within this state
of any motor vehicle owned by such non-resident, the commissioner  shall
transmit  a  certified  copy of any record of any such conviction or any
such unsatisfied judgment or any other action pursuant to  this  article
resulting  in  suspension of a non-resident's driving privileges in this
state and/or the prohibition of the operation within this state  of  any
motor   vehicle   owned  by  such  non-resident  to  the  motor  vehicle
commissioner or officer performing the functions of  a  commissioner  in
the state in which such non-resident resides.
In  case  a  non-resident's  failure  to comply with the provisions of
section  three  hundred  thirty-five  results  in  suspension  of   such
non-resident's rights and privileges in this state and/or prohibition of
the  operation  within  the  state  of  any  motor vehicle owned by such
non-resident, the commissioner shall transmit a certified  copy  of  the
record  of  such  action  to  the  motor vehicle commissioner or officer
performing the functions of the commissioner in the state in which  such
non-resident resides, if the law of such other state provides for action
in  relation  thereto similar to that provided for in subdivision (d) of
this section.
(d) The commissioner shall take action as required  anywhere  in  this
article, upon receiving proper evidence that any resident of this state,
has  in  any other state had his driving privileges suspended and/or the
operation of any motor vehicle owned by him prohibited pursuant to a law
of such other state providing for such suspension or prohibition because
of a conviction or  because  of  an  unsatisfied  judgment  which  would
require  the commissioner to suspend a non-resident's driving privileges
had such a conviction or judgment been rendered in this state against  a
non-resident, provided, however, that no suspension or prohibition shall
be  effective  until  twenty  days have elapsed from the date upon which
notice of suspension shall have been mailed to  the  operator  or  owner
during  which period such operator or owner shall be permitted to submit
evidence of satisfaction of the  judgment  or  other  evidence  relating
thereto.
Upon  receipt  of  a  certification  that the operating privilege of a
resident of this state has been suspended, revoked or cancelled  in  any

such  other  state  pursuant  to  a  law  providing  for its suspension,
revocation or cancellation for  failure  to  deposit  security  for  the
payment of a judgment as may arise out of a motor vehicle accident under
circumstances   which  would  require  the  commissioner  to  suspend  a
non-resident's operating privilege had the  accident  occurred  in  this
state, the commissioner shall suspend the license of such resident if he
was  the operator, and all of his registrations if he was the owner of a
motor vehicle involved in such accident. Such suspension shall  continue
until such resident furnishes evidence of his compliance with the law of
such other state relating to the deposit of such security.
(e)  The  word  "state"  when  used  in this section shall, unless the
context clearly  indicates  otherwise,  mean  any  state,  territory  or
possession  of  the  United  States,  the  District  of  Columbia or any
province of the Dominion of Canada.