2023 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.