2023 New York Laws › VAT - Vehicle and Traffic › Title 5 - Drivers' Licenses › Article 20 - Suspension and Revocation › 511-A - Facilitating Aggravated Unlicensed Operation of a Motor Vehicle.

§ 511-a. Facilitating  aggravated  unlicensed  operation  of  a  motor
vehicle. 1. A person is guilty of the offense of facilitating aggravated
unlicensed operation of a motor vehicle in the third  degree  when  such
person  consents  to  the  operation  upon  a  public highway of a motor
vehicle registered in such person's name knowing  or  having  reason  to
know  that  the  operator  of  such vehicle is a person whose license or
privilege of operating such motor vehicle in this state or privilege  of
obtaining  a  license  issued  to  operate  such  motor  vehicle  by the
commissioner  is  suspended,  revoked  or  otherwise  withdrawn  by  the
commissioner  and  the vehicle is operated upon a public highway by such
person.
2. Facilitating aggravated unlicensed operation of a motor vehicle  in
the  third  degree  is  a traffic infraction. When a person is convicted
thereof the sentence of the court must be: (i) a fine of not  less  than
two hundred dollars nor more than five hundred dollars or (ii) a term of
imprisonment of not more than fifteen days, or (iii) both.
3.  A person is guilty of facilitating aggravated unlicensed operation
of a motor vehicle in the second degree when such person:
(a)  commits  the  offense  of  facilitating   aggravated   unlicensed
operation  of  a  motor  vehicle  in  the  third  degree  as  defined in
subdivision one of this section after  having  been  convicted  of  such
offense within the preceding eighteen months; or
(b) consents to the operation upon a public highway of a motor vehicle
registered  in  such person's name knowing or having reason to know that
the operator of such vehicle is a person who has in effect three or more
suspensions, imposed on at least three separate dates,  for  failure  to
answer,  appear  or pay a fine, pursuant to subdivision three of section
two hundred twenty-six or subdivision four-a of section five hundred ten
of this chapter; or
(c) commits the crime of facilitating aggravated unlicensed  operation
of  a  motor  vehicle in the third degree after having been convicted of
such an offense two or more times within the preceding five years.
For purposes of this  subdivision,  "motor  vehicle"  shall  mean  any
vehicle for hire, including a taxicab, livery, as defined in section one
hundred   twenty-one-e   of  this  chapter,  coach,  limousine,  van  or
wheelchair accessible van, tow truck, bus or commercial motor vehicle as
defined section five hundred nine-a of this chapter.
Facilitating aggravated unlicensed operation of a motor vehicle in the
second degree is a misdemeanor. When a person is convicted of this crime
pursuant to paragraphs (a) or (b) of this subdivision, the  sentence  of
the court must be: (i) a fine of not less than five hundred dollars, nor
more  than  seven  hundred fifty dollars; or (ii) a term of imprisonment
not to exceed sixty days; or (iii) both a fine and imprisonment; or (iv)
where  appropriate,  a  sentence  of  probation;  or  (v)  a   term   of
imprisonment  as  a  condition of a sentence of probation as provided in
the penal law. When a person is convicted  of  this  crime  pursuant  to
paragraph  (c)  of  this subdivision, the sentence of the court must be:
(i) a fine of not less than five hundred, nor  more  than  one  thousand
dollars; or (ii) a term of imprisonment not to exceed one hundred eighty
days;  or (iii) both a fine and imprisonment; or (iv) where appropriate,
a sentence of probation; or (v) a term of imprisonment as a condition of
probation as provided in the penal law.
4. A person is guilty of facilitating aggravated unlicensed  operation
of  a motor vehicle in the first degree when such person consents to the
operation upon a public highway of a motor vehicle  registered  in  such
person's name knowing or having reason to know that the operator of such
vehicle  is  a person who has in effect ten or more suspensions, imposed
on at least ten separate dates, for failure to answer, appear or  pay  a

fine, pursuant to subdivision three of section two hundred twenty-six or
subdivision four-a of section five hundred ten of this chapter.
For  purposes  of  this  subdivision,  "motor  vehicle" shall mean any
vehicle for hire, including a taxicab, livery, as defined in section one
hundred  twenty-one-e  of  this  chapter,  coach,  limousine,   van   or
wheelchair accessible van, tow truck, bus or commercial motor vehicle as
defined in section five hundred nine-a of this chapter.
Facilitating aggravated unlicensed operation of a motor vehicle in the
first  degree  is  a  class E felony. When a person is convicted of this
crime, the sentence of the court must be: (i) a fine in  an  amount  not
less  than one thousand dollars nor more than five thousand dollars; and
(ii) a term of imprisonment as provided in the penal law; or (iii) where
appropriate, a sentence of probation; or (iv) a term of imprisonment  as
a condition of a sentence of probation as provided in the penal law.
5.  Upon  a  conviction of a violation of subdivision three or four of
this section the commissioner shall revoke the registration of the motor
vehicle for which the defendant's consent is given  and  shall  only  be
restored  pursuant to the provisions of subdivision five of section five
hundred ten of  this  article.  If  such  defendant  is  a  corporation,
partnership,   association   or  other  group,  none  of  its  officers,
principals, directors or stockholders owning more than  ten  percent  of
the  outstanding  stock of the corporation shall be eligible to register
the motor vehicle.