reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 106 - Passenger And Commercial Registrations › Section 106.3 - Passenger registration

Current through Register Vol. 46, No. 28, July 10, 2024
Until February 19, 1991, a passenger registration is the
					 proper class of registration for a motor vehicle having a seating capacity of
					 not more than 15 adults, in addition to the driver, provided the vehicle is not
					 used to carry passengers for hire. On and after February 19, 1991, a passenger
					 registration is the proper class of registration for a motor vehicle having a
					 seating capacity of not more than fourteen adults, in addition to the driver,
					 provided the vehicle is not used to carry passengers for hire. An unmodified
					 car used to transport cargo in connection with a business must receive a
					 passenger registration. The following vehicles require passenger
					 registration:
(a) Car. A sedan,
				  hardtop, coupe, hatchback, convertible or sports car. (See section
				  106.2[e] 
				  on modifying a car to obtain a commercial registration).
(b) Hearse. A station wagon type vehicle
				  equipped and used only for transporting a coffin.
(c) [Reserved]
(d) Modified van or passenger van. A van with
				  at least one seat or seat fittings or camping equipment behind the driver and
				  at least one rear side window. This equipment must be permanently installed.
				  Camping equipment means that a bed, stove or refrigerator must always be in the
				  vehicle. Any use of the van without this equipment requires the vehicle to be
				  registered as a commercial vehicle.
(e) Motor home. A self-propelled vehicle
				  designed as a travelling place of abode. To qualify as a motor home, a vehicle
				  must have at least four of the following facilities:
(1) cooking with an on-board power
				  source;
(2) a gas or electric
				  refrigerator;
(3) a toilet with
				  exterior evacuation;
(4) heating or
				  air conditioning or both from an on-board power source separate from the
				  vehicle engine;
(5) a potable water
				  supply system including a faucet, sink and a water tank with an exterior
				  service connection; and
(6) a
				  110-125 volt power supply separate from the vehicle engine.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 106 - Passenger And Commercial Registrations › Section 106.4 - Registration amendments

Current through Register Vol. 46, No. 28, July 10, 2024
If a registered vehicle does not conform with the category
					 appropriate to the registration plates displayed on the vehicle, an application
					 must be filed with the Department to amend the registration and replace the
					 registration plates with ones appropriate to the actual configuration of the
					 vehicle.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 106 - Passenger And Commercial Registrations › Section 106.5 - Other categories

Current through Register Vol. 46, No. 28, July 10, 2024
This regulation does not prevent a vehicle from being
					 registered in another category (such as official, historical, agricultural
					 truck, etc.) if it qualifies.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 106 - Passenger And Commercial Registrations › Section 106.6 - Pickup truck

Current through Register Vol. 46, No. 28, July 10, 2024
A truck with a cargo bed and side walls, regardless of
					 seating capacity within the cab.
A pickup truck will receive a commercial registration
					 except a pickup truck which is used exclusively for non-commercial purposes and
					 with no business advertising may receive a passenger registration, at the
					 registrant's option. This subdivision shall also apply to pickup trucks that
					 are leased and rented, provided that the lessee or renter of the pickup truck
					 certifies on a form, provided by the leasing or rental company, that the pickup
					 truck shall be used exclusively for noncommercial purposes. No rental or
					 leasing company shall permit the renting or leasing of a pickup truck if the
					 renter or lessee fails to complete the certification required by this
					 subdivision or if such company knows or has reason to know that the renter or
					 lessee is operating a pickup truck for commercial purposes.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 107 - Snowmobiles › Section 107.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
This regulation is intended to implement article 47 of the
					 Vehicle and Traffic Law with respect to the issuance and use of snowmobile
					 registrations by dealers and registrants.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 107 - Snowmobiles › Section 107.2 - Dealer defined

Current through Register Vol. 46, No. 28, July 10, 2024
A dealer is any person, including a partnership or
					 corporation, engaged in the business of selling snowmobiles at wholesale or
					 retail.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 107 - Snowmobiles › Section 107.3 - Dealer registration

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who is a dealer shall register as a dealer. The
					 commissioner upon receipt of an application and the fee required under article
					 47 of the Vehicle and Traffic Law shall issue a distinctive registration number
					 to the registrant and issue a dealer registration
					 certificate.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 107 - Snowmobiles › Section 107.4 - Display of certificate

Current through Register Vol. 46, No. 28, July 10, 2024
A dealer must display the official dealer registration
					 certificate in a prominent place at the business location.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 107 - Snowmobiles › Section 107.5 - Prepaid registrations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  dealer who wishes to issue prepaid registrations must obtain prepaid
				  registrations from the commissioner.
(b) A dealer must pay $25 in advance for each
				  prepaid registration ordered.
(c) A
				  dealer who has prepaid registrations must sell and issue a prepaid registration
				  to the purchaser of a snowmobile from that dealer, at the time of sale, unless
				  the purchaser signs a declaration of exemption from registration, as described
				  in section
				  107.8  of
				  this Part. This applies to both resident and nonresident purchasers.
(d) A dealer may sell a prepaid registration
				  to a snowmobile owner from another jurisdiction for $25. When submitting a
				  registration application for a nonresident, the dealer shall include an
				  additional $10 fee, payable to the Commissioner of Motor Vehicles.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 107 - Snowmobiles › Section 107.6 - Dealers without prepaid registrations

Current through Register Vol. 46, No. 28, July 10, 2024
Unless a prepaid registration has been issued under the
					 preceding section, a dealer must, prior to delivery, obtain a registration for
					 a snowmobile that dealer sells unless the purchaser signs a declaration of
					 exemption from registration, as described in section
					 107.9 
					 of this Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 107 - Snowmobiles › Section 107.7 - Dealer demonstrator registration numbers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A snowmobile dealer shall receive two
				  snowmobile dealer demonstrator registration numbers.
(b) Upon a showing of need for additional
				  snowmobile dealer demonstrator registration numbers, a snowmobile dealer shall
				  be eligible to purchase additional snowmobile dealer demonstrator registration
				  numbers.
(c) Dealer demonstrator
				  registration numbers may be used in lieu of a snowmobile registration upon:
(1) any snowmobile which the dealer owns or
				  has on consignment and is demonstrating for a prospective purchaser or is
				  permitting a prospective purchaser to test drive;
(2) any snowmobile the dealer is testing to
				  determine its value prior to buying it.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 107 - Snowmobiles › Section 107.8 - Nonresident snowmobiles

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  snowmobile owned by a nonresident and operated in this State must be registered
				  unless:
(1) the snowmobile is operated
				  exclusively on lands owned by the owner of the snowmobile, or on lands to which
				  the snowmobile owner has a contractual right to use, other than as a member of
				  a club or association, and no consideration is paid to the owner of the
				  snowmobile with respect to such operation; or
(2) the snowmobile is operated exclusively on
				  cross border trails designated by the Commissioner of Parks, Recreation and
				  Historic Preservation, and the snowmobile is validly registered in that border
				  state.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 107 - Snowmobiles › Section 107.9 - Declaration of exemption from registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A dealer shall issue a registration with
				  each snowmobile sold at retail, unless the purchaser signs a declaration of
				  exemption from registration.
(b)
				  The declaration of exemption from registration shall read as follows:
"I, (name of purchaser), state the following as true: I am
					 exempt from registering my snowmobile because it will not be used in New York
					 State except that it may be used on lands I own, or on lands I have a
					 contractual right to use other than as a member of a club or association, or on
					 cross border trails designated by the Commissioner of Parks, Recreation and
					 Historic Preservation after being registered in that border state.
I understand that there are severe penalties for making a
					 false statement on this affirmation which I know the dealer is required to file
					 with the Department of Motor Vehicles.
I understand that there are severe penalties for operating
					 an unregistered snowmobile illegally.
DATED ____________ SIGNED ____________"
(c) The dealer shall have the purchaser sign
				  the form in duplicate.
(d) One copy
				  of the declaration of exemption from registration shall be sent to the
				  Department of Motor Vehicles in lieu of registration documents. The dealer
				  shall keep the other copy for its records.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 107 - Snowmobiles › Section 107.10 - Administrative penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commissioner may revoke any or all dealer demonstrator registration numbers
				  issued to a dealer for improper use of such numbers.
(b) The commissioner may revoke or suspend a
				  snowmobile dealer registration for:
(1) a
				  false statement made in the application for such registration;
(2) permitting use of demonstrator
				  registration numbers contrary to law;
(3) fraud or fraudulent practices;
(4) deceptive or misleading
				  advertising;
(5) failure to comply
				  with article 47 of the Vehicle and Traffic Law or these regulations.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter H - Classification Of Vehicles And Regulation Of Nonvehicular Devices › Part 107 - Snowmobiles › Section 107.11 - Display of registration sticker

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cowling shall mean the forward portion of
				  the snowmobile usually surrounding the motor and clutch assembly.
(b) The New York registration shall be
				  displayed by affixing the registration sticker issued by the Commissioner on
				  the cowling of the snowmobile on both the right and left side of the cowling
				  below the windshield on a vertical plane so as to provide an unobstructed view
				  of the registration numbers by a person viewing the snowmobile from either
				  side. For an illustration of this, please refer to the diagram below and
				  depicted on the back side of the registration stickers provided.
Image
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 121 - Traffic Violations Bureau › Section 121.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
Article 2-A was added to the Vehicle and Traffic Law
					 (effective July 1, 1970) in response to court procedures which were too
					 cumbersome to handle the relatively large volume of traffic violations. It was
					 decided that noncriminal traffic cases could be more effectively handled
					 administratively by the Department of Motor Vehicles. The Commissioner of Motor
					 Vehicles was authorized by this law (L. 1969, ch. 1074, as amended) to
					 establish a system for the administrative adjudication of moving traffic
					 infractions and to promulgate regulations detailing the procedure.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 121 - Traffic Violations Bureau › Section 121.2 - Regulations

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations are established by the Commissioner of
					 Motor Vehicles and govern the operation of the Traffic Violations Bureau, the
					 agency created to assume jurisdiction over traffic infractions. The infractions
					 are civil in nature, and proceedings before the bureau are not subject to
					 requirements of the Criminal Procedure Law. The bureau will operate in those
					 jurisdictions authorized by the Legislature.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 121 - Traffic Violations Bureau › Section 121.3 - Traffic violations bureau

Current through Register Vol. 46, No. 28, July 10, 2024
A Traffic Violations Bureau is established in the
					 Department of Motor Vehicles. This bureau shall be made up of those
					 administrative law judges, supervisors and clerical personnel assigned by the
					 commissioner to carry out the provisions of article 2-A of the Vehicle and
					 Traffic Law and this Subchapter.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 121 - Traffic Violations Bureau › Section 121.4 - Hearing offices

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall establish one or more offices in
					 each jurisdiction in which the program is established. These offices will be
					 staffed with administrative law judges, supervisors and clerical personnel
					 adequate to carry out the provisions of article 2-A of the Vehicle and Traffic
					 Law. The locations and hours of operation of each office will be established by
					 the commissioner. Such information shall be indicated on any summons issued. A
					 change in hours and/or location will not affect the validity of any
					 summonses.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 121 - Traffic Violations Bureau › Section 121.5 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following words and phrases when used in this
					 Subchapter shall have the following meanings:
(a) Bureau shall mean the Traffic Violations
				  Bureau.
(b) Complaint shall mean
				  Part 1 of the ticket packet or that part containing the signature or name of
				  the complainant and alleging a traffic infraction.
(c) Contested hearing shall mean a hearing
				  conducted after a plea of not guilty has been entered.
(d) Conviction shall mean the order entered
				  on department records after a guilty plea, guilty with explanation plea,
				  finding of guilt after hearing or the mailing of a fine.
(e) [Reserved]
(f) Date of appearance shall mean the date
				  indicated on the summons:
(1) on which a
				  contested hearing is scheduled to be held if a proper plea is entered;
				  or
(2) by which a plea of guilty or
				  guilty with explanation must be made to avoid suspension of license. This date
				  may be changed by the bureau and the motorist notified.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 122 - The Ticket, Summons And Complaint › Section 122.1 - Authorization

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to section 226  of the Vehicle and Traffic Law, the
					 commissioner hereby prescribes the form of summons and complaint to be used for
					 all traffic violations specified in subdivision 1 of section 225  of the Vehicle and Traffic
					 Law.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 122 - The Ticket, Summons And Complaint › Section 122.2 - Specifications of the ticket packet

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The ticket packet shall be a multipage
				  form of at least three parts, approximately 41/4 inches wide and 81/2 inches
				  high, including a half-inch stub for binding across the top.
(b) A serial number, in a series, form and
				  color approved by the commissioner, shall be printed at the top of each
				  part.
(c) Part I, the complaint,
				  shall contain space for:
(1) motorist's
				  name;
(2) address;
(3) date of birth;
(4) sex;
(5) license identification;
(6) vehicle description;
(7) registration information;
(8) violation description;
(9) time and place of appearance;
				  and
(10) complainant's name and
				  affiliation.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 122 - The Ticket, Summons And Complaint › Section 122.3 - Police agency procedures and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Ticket supply.
(1) The police agencies in the jurisdictions
				  in which a bureau exists shall secure and maintain a sufficient supply of
				  tickets for distribution to all police officers empowered to issue tickets for
				  violations occurring within each such jurisdiction.
(2) Each police agency shall maintain by
				  serial number a record of tickets received.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 122 - The Ticket, Summons And Complaint › Section 122.4 - Police officer procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Issuance of summons and complaint. When a summons and complaint is issued for a
				  traffic infraction, the police officer shall complete the appropriate portions
				  of Part I and deliver the summons to the alleged violator. Any variation from
				  this procedure shall not affect the validity of any summons or complaint unless
				  such variation results in a denial of due process.
(b) If a ticket or any part of it is
				  mutilated or voided, the police officer to whom it was assigned shall return
				  all parts of the ticket to his command.
(c) Lost ticket. If a ticket or any part of
				  it is lost, the police officer to whom it was assigned shall file with his
				  command a report as to the loss of the ticket, together with any parts of the
				  ticket which have not been lost.
(d) Safeguarding of tickets. Each agency to
				  which tickets are issued shall maintain secure facilities for the storage of
				  all tickets held by them.
(e)
				  Reports. Each agency using such tickets shall make a report to the commissioner
				  of all tickets secured by such agency and all summonses and complaints,
				  appearance tickets and notices of violation issued. Such report shall be made
				  as required by the commissioner.
(f) Delivery of Part I. The agency shall
				  segregate Part I of all tickets issued, by court or bureau before which it is
				  returnable, and shall deliver the same to the appropriate court or bureau. The
				  method of delivery to the bureau will be in accordance with instructions given
				  by the commissioner to each agency.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 122 - The Ticket, Summons And Complaint › Section 122.5 - Disposition of complaint

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  complaints (Part I) forwarded to the Albany office of the Department of Motor
				  Vehicles will be maintained in the department's files for at least four months
				  after disposition of the charge.
(b) Part I of each issued ticket which is not
				  properly returnable before the bureau will be delivered to the appropriate
				  court or tribunal.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 122 - The Ticket, Summons And Complaint › Section 122.6 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall not apply to ticket
					 packets used in the Cities of Buffalo and Rochester. Such ticket packets shall
					 be subject to the specifications and procedures set forth in Part 91 of this
					 Title.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 123 - Pleas And Appearances › Section 123.1 - Pleading generally

Current through Register Vol. 46, No. 28, July 10, 2024
The Civil Practice Law and Rules and Criminal Procedure Law
					 are not binding on the bureau. Accordingly, forms of pleadings, motion practice
					 and discovery procedures set forth in those statutes do not apply to any
					 proceedings conducted by this bureau unless specifically authorized by these
					 regulations.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 123 - Pleas And Appearances › Section 123.2 - Time for pleas

Current through Register Vol. 46, No. 28, July 10, 2024
A plea shall be entered within 15 days after the date of
					 receipt of the summons by the motorist. Any mail transaction will be considered
					 timely if post-marked on or before the last day authorized.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 123 - Pleas And Appearances › Section 123.3 - Guilty plea

Current through Register Vol. 46, No. 28, July 10, 2024
(a) By mail.
				  Unless a personal appearance before an administrative law judge is required by
				  the bureau, a motorist may plead guilty by mail, if he does so on or before the
				  date of appearance, by completing the plea form on the back of the summons. He
				  must mail the summons and a check or money order for the amount specified in
				  the schedule on the summons to:
Traffic Violations Bureau
Plea Unit
Department of Motor Vehicles
P. O. Box 2950-ESP
Albany, NY 12220-0950
If the guilty plea by mail is accepted, the conviction will
					 be entered on the department's records.
(b) In person. Unless a personal appearance
				  before an administrative law judge is required, a motorist may plead guilty by
				  the motorist appearing, or having someone appear for him, on or before the date
				  of appearance at any bureau hearing office. At the same time, the motorist must
				  give the court clerk the summons with the plea form on the back completed and
				  signed by the motorist and the amount of money specified in the schedule on the
				  summons. If the guilty plea is accepted, the conviction will be entered on the
				  department's records. A receipt will be given to the motorist or his
				  representative.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 123 - Pleas And Appearances › Section 123.4 - Fine schedule for guilty plea

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  When a motorist pleads guilty by mail or in person at a bureau hearing office,
				  he or she is required to pay the appropriate fine as follows:
(1) $75 for a first red light violation where
				  such violation occurred on or after May 15, 2003, except that such fine shall
				  be $95 where such violation occurred on or after July 6, 2009; provided,
				  however, such fine shall be $150 in the City of New York where such violation
				  occurred on or after May 15, 2003, except that such fine shall be $190 in the
				  City of New York where such violation occurred on or after July 6,
				  2009;
(2) $150 for a second red
				  light violation committed within a period of 18 months where such violation
				  occurred on or after May 15, 2003, except that such fine shall be $190 where
				  such violation occurred on or after July 6, 2009; provided, however, such fine
				  shall be $300 in the City of New York where such violation occurred on or after
				  May 15, 2003, except that such fine shall be $375 in the City of New York where
				  such violation occurred on or after July 6, 2009;
(3) $375 for a third red light violation
				  committed within a period of 18 months, where such violation occurred on or
				  after May 15, 2003, except that such fine shall be $470 where such violation
				  occurred on or after July 6, 2009; provided, however, such fine shall be $750
				  in the City of New York where such violation occurred on or after May 15, 2003,
				  except that such fine shall be $940 in the City of New York where such
				  violation occurred on or after July 6, 2009;
(4) $60 for all speed offenses where the
				  charge is driving 10 miles per hour or less above the speed limit;
(5) $115 for all speeding offenses where the
				  charge is driving at least 11 miles per hour but not more than 30 miles per
				  hour above the speed limit;
(6) $65
				  for operating an uninspected vehicle, unless the violation is based upon a
				  certificate of inspection which has been expired for 60 days or less, in which
				  case the fine shall be $35;
(7) $40
				  for any equipment violation;
(8)
				  $95 for operating an unregistered vehicle, or for unlicensed operation, unless
				  the violation is based upon a registration or license which has been expired
				  for 60 days or less, in which case the fine shall be $40; or
(9) $50 for any other traffic infraction,
				  except where otherwise specified by statute.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 123 - Pleas And Appearances › Section 123.5 - Personal appearance required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A motorist may not plead guilty by mail,
				  and must appear before an administrative law judge on or before the date of
				  appearance, if:
(1) considering the
				  motorist's prior driving record, a conviction on this charge would result in
				  the motorist being considered a persistent violator in accordance with Part 131
				  of this Title; or
(2) a conviction
				  on this charge would result in a mandatory suspension or revocation of his or
				  her license or driving privileges;
(3) the charge alleges that the motorist was
				  driving 30 miles per hour or more above the speed limit, or any speeding
				  offense where the motorist has been previously convicted of a speeding offense
				  committed within the last six months;
(4) [Reserved]
(5) the charge alleges a violation of section 509  of the Vehicle and Traffic Law, and the
				  motorist has two prior convictions of such section within the preceding 10
				  years;
(6) the motorist is the
				  holder of a class DJ or MJ driver's license;
(7) the motorist is the holder of a license
				  issued pursuant to section 530 or
				  1196  of the Vehicle and Traffic
				  Law;
(8) the motorist's license or
				  driving privileges were under suspension or revocation at the time the summons
				  was issued; or
(9) the commissioner
				  so requires, considering the facts and circumstances surrounding the alleged
				  violation.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 123 - Pleas And Appearances › Section 123.6 - Guilty with an explanation plea

Current through Register Vol. 46, No. 28, July 10, 2024
A guilty with an explanation plea may be made by appearing
					 in person, on or before the date of appearance, at any hearing office and
					 giving to the clerk the summons, with the plea form on the back completed, the
					 driver's license and the conviction stub to the clerk, and then appearing
					 before an administrative law judge. The motorist will then be called by the
					 administrative law judge and he may explain why a fine should be waived or
					 reduced in amount. The explanation may not be that he did not commit the
					 violation. After receiving the explanation and accepting the plea, the
					 administrative law judge will review the motorist's record and determine the
					 appropriate penalty. The fine schedule on the summons is not applicable. The
					 administrative law judge may impose a fine and/or suspend or revoke the
					 driver's license or registration or both as permitted by law. The disposition
					 of the case will then be recorded as in the case of the guilty plea. Once the
					 administrative law judge announces the penalty, the plea may not be withdrawn.
					 A motorist may be represented by an attorney or, in the administrative law
					 judge's discretion, any other person designated as the motorist
					 representative.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 123 - Pleas And Appearances › Section 123.7 - Not guilty plea

Current through Register Vol. 46, No. 28, July 10, 2024
(a) By mail. A
				  motorist may plead not guilty by mail, if he or she does so within 15 days
				  after receipt of the summons, by filling in the plea form on the back of the
				  summons, and mailing the summons to:
Traffic Violations Bureau
Plea Unit
Department of Motor Vehicles
P. O. Box 2950-ESP
Albany, New York 12220-0950
An acknowledgment of the not guilty plea will be sent by
					 mail to the motorist, who must appear on the date and time and at the hearing
					 office designated in the acknowledgment. The police officer will also be
					 notified to attend and a hearing will be held.
(b) In person. A motorist may plead not
				  guilty in person, within 15 days after receipt of the summons, by appearing
				  personally, or by having someone appear for him or her, at any hearing office
				  and giving the summons, with the plea form on the back completed, to the clerk,
				  who will then schedule the hearing and give the motorist or his or her
				  representative a written acknowledgment of the plea and notice of the date,
				  time and location of the hearing. The motorist must appear at the hearing at
				  such date, time and location. The police officer will be notified to attend and
				  a hearing will be held.
(c) By
				  telephone. A motorist may plead not guilty by telephone within 15 days after
				  receipt of the summons, by calling the telephone number listed on the summons
				  during business hours and stating such plea to the representative answering the
				  phone. That representative will then cause the hearing to be scheduled and
				  acknowledgment to be sent by mail to the motorist, who must appear at the date
				  and time and at the hearing office designated in the acknowledgment.
(d) A motorist who fails to enter a not
				  guilty plea, as set forth in this section, within 35 days of receipt of the
				  summons shall be subject to a default conviction as provided for in section 227 (4)  of the Vehicle and
				  Traffic Law.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 123 - Pleas And Appearances › Section 123.8 - Failure to plead

Current through Register Vol. 46, No. 28, July 10, 2024
If a motorist has not entered a plea on or before the date
					 of appearance, his or her driver's license and/or driving privileges will be
					 suspended. Such a suspension will remain in effect until a guilty plea is made
					 or a not guilty plea is accepted and the suspension is terminated by an
					 administrative law judge.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 123 - Pleas And Appearances › Section 123.9 - Late not guilty plea

Current through Register Vol. 46, No. 28, July 10, 2024
If a motorist wishes to plead not guilty and the date to
					 enter such a plea, as set forth in section
					 123.7 
					 of this Part, has passed, he or she must plead in person at any hearing office.
					 The administrative law judge may direct that the suspension continue until the
					 hearing, or require the motorist to post the sum $40 for each ticket for which
					 a plea is sought to be entered as security in order to terminate or withhold
					 any suspension for failure to appear on time; however, in no case shall a bond
					 in excess of $160 be required for multiple tickets arising out of the same
					 incident.
If security is posted, it will be returned when the
					 motorist is found not guilty or the charge is dismissed for any reason or, if
					 the motorist found guilty, when the fine is paid. The security will be
					 forfeited and the driver's license will be suspended if the motorist fails to
					 appear or is not ready to proceed for a scheduled hearing.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 124 - Hearings › Section 124.1 - General procedure; opening statement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Hearings may be scheduled for times
				  including, but not limited to, 8:30 a.m., 10:30 a.m., 1:00 p.m., 2:30 p.m. or
				  4:30 p.m. The motorist must present his or her summons and all driver's
				  licenses to the clerk. Hearings scheduled for a specific time will be held as
				  soon as practicable after the scheduled time and, where feasible, in the order
				  in which the summonses are given to the clerk. The administrative law judge may
				  vary the order on application showing good cause.
(b) At the beginning of each hearing
				  calendar, the administrative law judge shall make an opening statement to all
				  motorists informing them of hearing procedures and advising them of their
				  rights. Such statement shall be given in such form as the director of
				  administrative adjudication may prescribe and shall include information
				  concerning the order in which the proceeding will be conducted; adjournments;
				  the burden of proof on the people to prove the charge by clear and convincing
				  evidence; the right to the assistance of counsel or other representative; the
				  right to remain silent; the right to present evidence and witnesses in his or
				  her own behalf; the right to cross-examine adverse witnesses; the right to
				  appeal from an adverse determination; and such other matters as the director
				  may prescribe.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 124 - Hearings › Section 124.2 - Right to representation and to remain silent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The motorist may be represented by an
				  attorney or, in the administrative law judge's discretion, by any other person
				  the motorist chooses. Any person representing the motorist must conform to the
				  standards of conduct required of attorneys appearing before State courts, and
				  failure to conform to these standards will be grounds for declining to permit
				  his or her continued appearance in the proceeding. Wherever a notice is
				  required, notice to either the motorist or the motorist's representative shall
				  suffice as notice to both.
(b) The
				  motorist shall be informed of the right to counsel and the right not to
				  testify. No negative inference will be drawn from the exercise of the
				  motorist's right not to testify.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 124 - Hearings › Section 124.3 - Consolidation of charges

Current through Register Vol. 46, No. 28, July 10, 2024
The administrative law judge may consolidate for hearing
					 some or all of the charges arising out of a single incident. At the close of
					 any hearing in which more than one charge was considered, the administrative
					 law judge will make a separate finding as to guilt or innocence on each charge
					 considered before looking at the motorist's record.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 124 - Hearings › Section 124.4 - Conduct of hearing; procedure; recusal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The administrative law judge will call
				  the police officer, the motorist, and the attorney or other representative, if
				  any, to the dais. After the charge is read, the police officer will testify.
				  The burden of proving the charge rests with the police officer, who has the
				  obligation to present evidence which is sufficient to establish each material
				  element of the charge by clear and convincing evidence. Other testimony in
				  support of the charge may then be given.
(b) The administrative law judge may question
				  the police officer for the purpose of clarifying evidence already presented;
				  leading questions addressed to material elements of the charge which have been
				  omitted from the police officer's testimony may not be asked.
(c) After the people's case has been
				  presented, the motorist may then testify on his or her own behalf and call
				  witnesses. Any person who testifies may be examined by the administrative law
				  judge and cross- examined by the adverse party. All testimony shall be given
				  under oath or affirmation. The administrative law judge may exclude any
				  witness, except the motorist or police officer, during the testimony of another
				  person. Documentary evidence may be introduced by any party.
(d) When the administrative law judge has
				  received all of the evidence, the police officer and motorist or his or her
				  representative may make a closing statement. The administrative law judge will
				  then consider all the evidence in the record and announce whether or not the
				  charge has been sustained by clear and convincing evidence.
(e) The motorist may request recusal of a
				  presiding administrative law judge. The request and the reason for it must be
				  stated to the presiding administrative law judge at the commencement of the
				  hearing or as soon after the beginning as the motorist receives information
				  which forms the basis for such request. An administrative law judge's denial of
				  a request for recusal is appealable provided a hearing determination is
				  subsequently made which is appealable by the requestor to the Traffic
				  Violations Appeals Board pursuant to article 2-A of the Vehicle and Traffic
				  Law.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 124 - Hearings › Section 124.5 - Rules of evidence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  rules governing receipt of evidence in a court of law shall not apply in
				  hearings except as provided by this section.
(b) On the merits of the charge, and whether
				  or not a party objects, the administrative law judge shall exclude from
				  consideration the following:
(1) a privileged
				  communication;
(2) evidence which,
				  for constitutional reasons, would not be admissible if the case were tried in
				  the court which has concurrent jurisdiction with the bureau over such case;
				  provided however, the provisions of this paragraph shall not apply to business
				  records admissible under Civil Practice Law and Rules section 4518 in a
				  proceeding in which such rule applies;
(3) evidence of prior misconduct,
				  incompetency or illness, except where such evidence would be admissible if the
				  case were tried in the court which has concurrent jurisdiction with the bureau
				  over such case;
(4) evidence which
				  is irrelevant or immaterial.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 124 - Hearings › Section 124.6 - Post-hearing procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Not
				  guilty finding. If the administrative law judge finds the motorist not guilty,
				  the clerk will enter the finding and the motorist's license will be
				  returned.
(b) Guilty finding. If
				  the administrative law judge finds the motorist guilty, the clerk will enter
				  the finding and the administrative law judge will examine the motorist's
				  driving record as it appears on the official records of the department. The
				  motorist may explain any conviction on such driving record which the
				  administrative law judge is considering or make any relevant statement. The
				  administrative law judge will then announce the penalty, if any, to be
				  imposed.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 124 - Hearings › Section 124.7 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After a guilty
				  finding, the administrative law judge may impose any penalty authorized by the
				  Vehicle and Traffic Law, including suspension or revocation of a driver's
				  license and/or motor vehicle registration, but not including
				  imprisonment.
(b) The
				  administrative law judge will inform the motorist of any penalty imposed and of
				  the right to appeal a finding of guilty.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 124 - Hearings › Section 124.8 - Motorist's failure to appear for hearing

Current through Register Vol. 46, No. 28, July 10, 2024
Any motorist who does not appear for a hearing within one
					 hour after the time for which the hearing has been scheduled, will be deemed to
					 have failed to appear and such motorist's license will be suspended until a
					 rescheduled hearing is held or, in the administrative law judge's discretion,
					 security is posted.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 124 - Hearings › Section 124.9 - Police officer's failure to appear for hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the police officer does not appear for
				  a hearing without providing at least seven days notice to the bureau, the
				  charge shall be dismissed, unless such failure to appear was the result of:
(1) a death in the police officer's
				  family;
(2) illness or injury of
				  the police officer;
(3) the police
				  officer being required to immediately respond to a crime or
				  violation;
(4) a conflicting court
				  appearance by the police officer; or
(5) a police emergency.