Bill Text: NY S03089 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the liability of vehicle owners for toll collection violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-01 - REFERRED TO TRANSPORTATION [S03089 Detail]

Download: New_York-2019-S03089-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3089
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 1, 2019
                                       ___________
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to liability of
          vehicle owners for toll collection violations
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 4-d of section 510 of the vehicle and traffic
     2  law, as added by chapter 379 of the laws of 1992, is amended to read  as
     3  follows:
     4    4-d. Suspension of registration for failure to answer or pay penalties
     5  with  respect to certain violations. Upon the receipt of a notification,
     6  in the manner and form prescribed by  the  commissioner,  from  a  court
     7  [or],  an  administrative  tribunal,  a  public  authority, or any other
     8  public entity imposing violations, that an  owner  of  a  motor  vehicle
     9  failed  to  appear  on  the  return  date  or  dates or a new subsequent
    10  adjourned date or dates or failed to pay any penalty imposed by a  court
    11  or  failed to comply with the rules and regulations of an administrative
    12  tribunal following entry of a final decision or decisions,  in  response
    13  to  five or more notices of liability or other process, issued within an
    14  eighteen month period from any and all jurisdictions charging such owner
    15  with a violation of toll collection regulations in accordance  with  the
    16  provisions  of  section  two  thousand  nine  hundred eighty-five of the
    17  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    18  chapter seven hundred seventy-four  of  the  laws  of  nineteen  hundred
    19  fifty,  or  other  comparable  law, the commissioner or his or her agent
    20  shall suspend the registration of the vehicle or  vehicles  involved  in
    21  the  violation  or the privilege of operation of any motor vehicle owned
    22  by the registrant. Such suspension shall take effect no less than thirty
    23  days from the date on which notice thereof is sent by  the  commissioner
    24  to  the  person  whose  registration or privilege is suspended and shall
    25  remain in effect until such registrant has appeared in response to  such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06418-01-9

        S. 3089                             2
     1  notices  of  liability  or  has  paid  such penalty or in the case of an
     2  administrative tribunal, the registrant has complied with the rules  and
     3  regulations following the entry of a final decision or decisions.
     4    § 2. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
     5  of  the  vehicle and traffic law, as amended by section 8 of chapter 222
     6  of the laws of 2015, is amended to read as follows:
     7    (i) If at the time of application for a registration or renewal there-
     8  of there is a certification from a  court,  parking  violations  bureau,
     9  traffic  and  parking  violations  agency  or administrative tribunal of
    10  appropriate jurisdiction that the registrant or  his  or  her  represen-
    11  tative  failed  to appear on the return date or any subsequent adjourned
    12  date or failed to comply with the rules and regulations of  an  adminis-
    13  trative  tribunal  following  entry of a final decision in response to a
    14  total of three or more summonses or  other  process  in  the  aggregate,
    15  issued  within  an eighteen month period, charging either that: (i) such
    16  motor vehicle was parked, stopped or standing, or that such motor  vehi-
    17  cle  was operated for hire by the registrant or his or her agent without
    18  being licensed as a motor vehicle for  hire  by  the  appropriate  local
    19  authority,  in  violation of any of the provisions of this chapter or of
    20  any law, ordinance, rule or regulation made by  a  local  authority;  or
    21  (ii) the registrant was liable in accordance with section eleven hundred
    22  eleven-a,  section  eleven  hundred  eleven-b  or section eleven hundred
    23  eleven-d of this chapter for a violation of subdivision (d)  of  section
    24  eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
    25  liable in accordance with section eleven hundred eleven-c of this  chap-
    26  ter  for  a  violation  of  a  bus  lane  restriction as defined in such
    27  section, or (iv) the registrant was liable in  accordance  with  section
    28  eleven  hundred  eighty-b of this chapter for a violation of subdivision
    29  (c) or (d) of section eleven hundred eighty of this chapter, or (v)  the
    30  registrant was liable in accordance with section eleven hundred eighty-c
    31  of  this  chapter  for  a violation of subdivision (c) or (d) of section
    32  eleven hundred eighty of this chapter; or (vi) the registrant was liable
    33  in accordance with section eleven hundred eleven-e of this chapter for a
    34  violation of subdivision (d) of section eleven hundred  eleven  of  this
    35  chapter,  or  (vii) the registrant was liable in accordance with section
    36  twenty-nine hundred eighty-five of the public authorities law or section
    37  sixteen-a, sixteen-b or sixteen-c of chapter seven hundred  seventy-four
    38  of  the  laws  of nineteen hundred fifty, the commissioner or his or her
    39  agent shall deny the  registration  or  renewal  application  until  the
    40  applicant  provides proof from the court, traffic and parking violations
    41  agency or administrative tribunal wherein the charges are  pending  that
    42  an  appearance  or answer has been made or in the case of an administra-
    43  tive tribunal that he or she has complied with the rules and regulations
    44  of said tribunal following entry of a final decision. Where an  applica-
    45  tion is denied pursuant to this section, the commissioner may, in his or
    46  her  discretion, deny a registration or renewal application to any other
    47  person for the same vehicle and  may  deny  a  registration  or  renewal
    48  application  for  any  other motor vehicle registered in the name of the
    49  applicant where the commissioner has determined that  such  registrant's
    50  intent  has been to evade the purposes of this subdivision and where the
    51  commissioner has reasonable grounds to believe that such registration or
    52  renewal will have the effect of defeating the purposes of this  subdivi-
    53  sion.  Such  denial shall only remain in effect as long as the summonses
    54  remain unanswered, or in the case of  an  administrative  tribunal,  the
    55  registrant  fails  to  comply  with  the rules and regulations following
    56  entry of a final decision.

        S. 3089                             3
     1    § 2-a. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
     2  and traffic law, as amended by section 8-a of chapter 222 of the laws of
     3  2015, is amended to read as follows:
     4    a. If at the time of application for a registration or renewal thereof
     5  there  is  a  certification  from  a court or administrative tribunal of
     6  appropriate jurisdiction that the registrant or  his  or  her  represen-
     7  tative  failed  to appear on the return date or any subsequent adjourned
     8  date or failed to comply with the rules and regulations of  an  adminis-
     9  trative  tribunal  following  entry of a final decision in response to a
    10  total of three or more summonses or  other  process  in  the  aggregate,
    11  issued  within  an eighteen month period, charging either that: (i) such
    12  motor vehicle was parked, stopped or standing, or that such motor  vehi-
    13  cle  was operated for hire by the registrant or his or her agent without
    14  being licensed as a motor vehicle for  hire  by  the  appropriate  local
    15  authority,  in  violation of any of the provisions of this chapter or of
    16  any law, ordinance, rule or regulation made by  a  local  authority;  or
    17  (ii) the registrant was liable in accordance with section eleven hundred
    18  eleven-b  of  this chapter for a violation of subdivision (d) of section
    19  eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was
    20  liable  in accordance with section eleven hundred eleven-c of this chap-
    21  ter for a violation of  a  bus  lane  restriction  as  defined  in  such
    22  section;  or  (iv)  the registrant was liable in accordance with section
    23  eleven hundred eleven-d of this chapter for a violation  of  subdivision
    24  (d)  of  section eleven hundred eleven of this chapter or (v) the regis-
    25  trant was liable in accordance with section eleven hundred  eighty-b  of
    26  this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
    27  section eleven hundred eighty of this chapter; or (v) the registrant was
    28  liable  in accordance with section eleven hundred eighty-c of this chap-
    29  ter for a violation of subdivision (b), (c), (d), (f) or (g) of  section
    30  eleven hundred eighty of this chapter; or (vi) the registrant was liable
    31  in accordance with section eleven hundred eleven-e of this chapter for a
    32  violation  of  subdivision  (d) of section eleven hundred eleven of this
    33  chapter[,]; or (vii)  the  registrant  was  liable  in  accordance  with
    34  section twenty-nine hundred eighty-five of the public authorities law or
    35  section  sixteen-a,  sixteen-b  or  sixteen-c  of  chapter seven hundred
    36  seventy-four of the laws of nineteen hundred fifty, the commissioner  or
    37  his  or  her  agent  shall  deny the registration or renewal application
    38  until the applicant provides proof  from  the  court  or  administrative
    39  tribunal  wherein  the  charges are pending that an appearance or answer
    40  has been made or in the case of an administrative tribunal  that  he  or
    41  she has complied with the rules and regulations of said tribunal follow-
    42  ing  entry  of a final decision. Where an application is denied pursuant
    43  to this section, the commissioner may, in his or her discretion, deny  a
    44  registration  or  renewal  application  to any other person for the same
    45  vehicle and may deny a registration or renewal application for any other
    46  motor vehicle registered in the name of the applicant where the  commis-
    47  sioner  has  determined  that such registrant's intent has been to evade
    48  the purposes of this subdivision and where the commissioner has  reason-
    49  able  grounds to believe that such registration or renewal will have the
    50  effect of defeating the purposes of this subdivision. Such denial  shall
    51  only  remain in effect as long as the summonses remain unanswered, or in
    52  the case of an administrative tribunal, the registrant fails  to  comply
    53  with the rules and regulations following entry of a final decision.
    54    §  2-b.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
    55  and traffic law, as amended by section 8-b of chapter 222 of the laws of
    56  2015, is amended to read as follows:

        S. 3089                             4
     1    a. If at the time of application for a registration or renewal thereof
     2  there is a certification from a  court  or  administrative  tribunal  of
     3  appropriate  jurisdiction  that  the  registrant or his or her represen-
     4  tative failed to appear on the return date or any  subsequent  adjourned
     5  date  or  failed to comply with the rules and regulations of an adminis-
     6  trative tribunal following entry of a  final  decision  in  response  to
     7  three  or  more  summonses  or  other process, issued within an eighteen
     8  month period, charging that: (i) such motor vehicle was parked,  stopped
     9  or  standing,  or  that  such motor vehicle was operated for hire by the
    10  registrant or his or her agent without being licensed as a motor vehicle
    11  for hire by the appropriate local authority, in violation of any of  the
    12  provisions  of this chapter or of any law, ordinance, rule or regulation
    13  made by a local authority; or (ii) the registrant was liable in  accord-
    14  ance  with  section  eleven  hundred  eleven-c  of  this  chapter  for a
    15  violation of a bus lane restriction as defined in such section; or (iii)
    16  the registrant was liable in  accordance  with  section  eleven  hundred
    17  eleven-d  of  this chapter for a violation of subdivision (d) of section
    18  eleven hundred eleven of this chapter; or (iv) the registrant was liable
    19  in accordance with section eleven hundred eighty-b of this chapter for a
    20  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    21  hundred  eighty of this chapter, or the registrant was liable in accord-
    22  ance with  section  eleven  hundred  eighty-c  of  this  chapter  for  a
    23  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    24  hundred eighty of this chapter; or (v)  the  registrant  was  liable  in
    25  accordance  with  section  eleven hundred eleven-e of this chapter for a
    26  violation of subdivision (d) of section eleven hundred  eleven  of  this
    27  chapter[,]; or (vi) the registrant was liable in accordance with section
    28  twenty-nine hundred eighty-five of the public authorities law or section
    29  sixteen-a,  sixteen-b or sixteen-c of chapter seven hundred seventy-four
    30  of the laws of nineteen hundred fifty, the commissioner or  his  or  her
    31  agent  shall  deny  the  registration  or  renewal application until the
    32  applicant provides proof from the court or administrative tribunal wher-
    33  ein the charges are pending that an appearance or answer has  been  made
    34  or in the case of an administrative tribunal that he or she has complied
    35  with  the  rules  and  regulations of said tribunal following entry of a
    36  final decision. Where an application is denied pursuant to this section,
    37  the commissioner may, in his or her discretion, deny a  registration  or
    38  renewal  application  to  any  other person for the same vehicle and may
    39  deny a registration or renewal application for any other  motor  vehicle
    40  registered  in  the  name  of  the  applicant where the commissioner has
    41  determined that such registrant's intent has been to evade the  purposes
    42  of this subdivision and where the commissioner has reasonable grounds to
    43  believe  that  such  registration  or  renewal  will  have the effect of
    44  defeating the purposes of  this  subdivision.  Such  denial  shall  only
    45  remain  in  effect as long as the summonses remain unanswered, or in the
    46  case of an administrative tribunal, the registrant fails to comply  with
    47  the rules and regulations following entry of a final decision.
    48    §  2-c.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
    49  and traffic law, as amended by section 8-c of chapter 222 of the laws of
    50  2015, is amended to read as follows:
    51    a. If at the time of application for a registration or renewal thereof
    52  there is a certification from a  court  or  administrative  tribunal  of
    53  appropriate  jurisdiction  that  the  registrant or his or her represen-
    54  tative failed to appear on the return date or any  subsequent  adjourned
    55  date  or  failed to comply with the rules and regulations of an adminis-
    56  trative tribunal following entry of a  final  decision  in  response  to

        S. 3089                             5
     1  three  or  more  summonses  or  other process, issued within an eighteen
     2  month period, charging that: (i) such motor vehicle was parked,  stopped
     3  or  standing,  or  that  such motor vehicle was operated for hire by the
     4  registrant or his or her agent without being licensed as a motor vehicle
     5  for  hire by the appropriate local authority, in violation of any of the
     6  provisions of this chapter or of any law, ordinance, rule or  regulation
     7  made  by a local authority; or (ii) the registrant was liable in accord-
     8  ance with  section  eleven  hundred  eleven-d  of  this  chapter  for  a
     9  violation  of  subdivision  (d) of section eleven hundred eleven of this
    10  chapter; or (iii) the registrant was liable in accordance  with  section
    11  eleven  hundred  eighty-b  of this chapter for violations of subdivision
    12  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    13  ter, or the registrant was liable  in  accordance  with  section  eleven
    14  hundred eighty-c of this chapter for violations of subdivision (b), (c),
    15  (d),  (f)  or  (g)  of section eleven hundred eighty of this chapter; or
    16  (iv) the registrant was liable in accordance with section eleven hundred
    17  eleven-e of this chapter for a violation of subdivision (d)  of  section
    18  eleven  hundred  eleven  of  this  chapter[,]; or (v) the registrant was
    19  liable in accordance with section twenty-nine hundred eighty-five of the
    20  public authorities law or section sixteen-a, sixteen-b or  sixteen-c  of
    21  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
    22  fifty, the commissioner or his or her agent shall deny the  registration
    23  or renewal application until the applicant provides proof from the court
    24  or  administrative  tribunal  wherein  the  charges  are pending that an
    25  appearance or answer has been made or in the case of  an  administrative
    26  tribunal  that  he  has  complied with the rules and regulations of said
    27  tribunal following entry of a final decision. Where  an  application  is
    28  denied  pursuant  to  this  section, the commissioner may, in his or her
    29  discretion, deny a registration or  renewal  application  to  any  other
    30  person  for  the  same  vehicle  and  may deny a registration or renewal
    31  application for any other motor vehicle registered in the  name  of  the
    32  applicant  where  the commissioner has determined that such registrant's
    33  intent has been to evade the purposes of this subdivision and where  the
    34  commissioner has reasonable grounds to believe that such registration or
    35  renewal  will have the effect of defeating the purposes of this subdivi-
    36  sion. Such denial shall only remain in effect as long as  the  summonses
    37  remain  unanswered,  or  in  the case of an administrative tribunal, the
    38  registrant fails to comply with  the  rules  and  regulations  following
    39  entry of a final decision.
    40    §  2-d.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
    41  and traffic law, as amended by section 8-d of chapter 222 of the laws of
    42  2015, is amended to read as follows:
    43    a. If at the time of application for a registration or renewal thereof
    44  there is a certification from a  court  or  administrative  tribunal  of
    45  appropriate  jurisdiction  that  the  registrant or his or her represen-
    46  tative failed to appear on the return date or any  subsequent  adjourned
    47  date  or  failed to comply with the rules and regulations of an adminis-
    48  trative tribunal following entry of a  final  decision  in  response  to
    49  three  or  more  summonses  or  other process, issued within an eighteen
    50  month period, charging that such motor vehicle was  parked,  stopped  or
    51  standing, or that such motor vehicle was operated for hire by the regis-
    52  trant or his agent without being licensed as a motor vehicle for hire by
    53  the  appropriate  local authority, in violation of any of the provisions
    54  of this chapter or of any law, ordinance, rule or regulation made  by  a
    55  local authority, or the registrant was liable in accordance with section
    56  eleven  hundred  eighty-c  of this chapter for violations of subdivision

        S. 3089                             6
     1  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
     2  ter, or the registrant was liable  in  accordance  with  section  eleven
     3  hundred  eleven-d  of this chapter for a violation of subdivision (d) of
     4  section  eleven  hundred  eleven  of this chapter, or the registrant was
     5  liable in accordance with section eleven hundred eleven-e of this  chap-
     6  ter  for a violation of subdivision (d) of section eleven hundred eleven
     7  of this chapter, or the registrant was liable in accordance with section
     8  twenty-nine hundred eighty-five of the public authorities law or section
     9  sixteen-a, sixteen-b or sixteen-c of chapter seven hundred  seventy-four
    10  of  the  laws  of nineteen hundred fifty, the commissioner or his or her
    11  agent shall deny the  registration  or  renewal  application  until  the
    12  applicant provides proof from the court or administrative tribunal wher-
    13  ein  the  charges are pending that an appearance or answer has been made
    14  or in the case of an administrative tribunal that he or she has complied
    15  with the rules and regulations of said tribunal  following  entry  of  a
    16  final decision. Where an application is denied pursuant to this section,
    17  the  commissioner  may, in his or her discretion, deny a registration or
    18  renewal application to any other person for the  same  vehicle  and  may
    19  deny  a  registration or renewal application for any other motor vehicle
    20  registered in the name of  the  applicant  where  the  commissioner  has
    21  determined  that such registrant's intent has been to evade the purposes
    22  of this subdivision and where the commissioner has reasonable grounds to
    23  believe that such registration  or  renewal  will  have  the  effect  of
    24  defeating  the  purposes  of  this  subdivision.  Such denial shall only
    25  remain in effect as long as the summonses remain unanswered, or  in  the
    26  case  of an administrative tribunal, the registrant fails to comply with
    27  the rules and regulations following entry of a final decision.
    28    § 2-e. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
    29  and traffic law, as amended by section 8-e of chapter 222 of the laws of
    30  2015, is amended to read as follows:
    31    a. If at the time of application for a registration or renewal thereof
    32  there  is  a  certification  from  a court or administrative tribunal of
    33  appropriate jurisdiction that the registrant or  his  or  her  represen-
    34  tative  failed  to appear on the return date or any subsequent adjourned
    35  date or failed to comply with the rules and regulations of  an  adminis-
    36  trative  tribunal  following  entry  of  a final decision in response to
    37  three or more summonses or other  process,  issued  within  an  eighteen
    38  month  period,  charging  that such motor vehicle was parked, stopped or
    39  standing, or that such motor vehicle was operated for hire by the regis-
    40  trant or his or her agent without being licensed as a motor vehicle  for
    41  hire  by  the  appropriate  local  authority, in violation of any of the
    42  provisions of this chapter or of any law, ordinance, rule or  regulation
    43  made  by  a  local authority, or the registrant was liable in accordance
    44  with section eleven hundred eleven-d of this chapter for a violation  of
    45  subdivision (d) of section eleven hundred eleven of this chapter, or the
    46  registrant was liable in accordance with section eleven hundred eleven-e
    47  of  this  chapter  for  a violation of subdivision (d) of section eleven
    48  hundred eleven of this chapter, or the registrant was liable in  accord-
    49  ance  with section twenty-nine hundred eight-five of the public authori-
    50  ties law or section sixteen-a, sixteen-b or sixteen-c of  chapter  seven
    51  hundred  seventy-four of the laws of nineteen hundred fifty, the commis-
    52  sioner or his or her agent shall deny the registration or renewal appli-
    53  cation until the applicant provides proof from the court or  administra-
    54  tive  tribunal  wherein  the  charges  are pending that an appearance or
    55  answer has been made or in the case of an administrative  tribunal  that
    56  he  has complied with the rules and regulations of said tribunal follow-

        S. 3089                             7
     1  ing entry of a final decision.  Where an application is denied  pursuant
     2  to  this section, the commissioner may, in his or her discretion, deny a
     3  registration or renewal application to any other  person  for  the  same
     4  vehicle and may deny a registration or renewal application for any other
     5  motor  vehicle registered in the name of the applicant where the commis-
     6  sioner has determined that such registrant's intent has  been  to  evade
     7  the  purposes of this subdivision and where the commissioner has reason-
     8  able grounds to believe that such registration or renewal will have  the
     9  effect  of defeating the purposes of this subdivision. Such denial shall
    10  only remain in effect as long as the summonses remain unanswered, or  in
    11  the  case  of an administrative tribunal, the registrant fails to comply
    12  with the rules and regulations following entry of a final decision.
    13    § 2-f. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
    14  and traffic law, as amended by section 8-f of chapter 222 of the laws of
    15  2015, is amended to read as follows:
    16    a. If at the time of application for a registration or renewal thereof
    17  there  is  a  certification  from  a court or administrative tribunal of
    18  appropriate jurisdiction that the registrant or  his  or  her  represen-
    19  tative  failed  to appear on the return date or any subsequent adjourned
    20  date or failed to comply with the rules and regulations of  an  adminis-
    21  trative  tribunal  following  entry  of  a final decision in response to
    22  three or more summonses or other  process,  issued  within  an  eighteen
    23  month  period,  charging  that such motor vehicle was parked, stopped or
    24  standing, or that such motor vehicle was operated for hire by the regis-
    25  trant or his or her agent without being licensed as a motor vehicle  for
    26  hire  by  the  appropriate  local  authority, in violation of any of the
    27  provisions of this chapter or of any law, ordinance, rule or  regulation
    28  made  by  a  local authority, or the registrant was liable in accordance
    29  with section eleven hundred eleven-e of this chapter for a violation  of
    30  subdivision (d) of section eleven hundred eleven of this chapter, or the
    31  registrant  was  liable  in  accordance with section twenty-nine hundred
    32  eighty-five  of  the  public  authorities  law  or  section   sixteen-a,
    33  sixteen-b or sixteen-c of chapter seven hundred seventy-four of the laws
    34  of  nineteen  hundred  fifty, the commissioner or his or her agent shall
    35  deny  the  registration  or  renewal  application  until  the  applicant
    36  provides  proof  from  the  court or administrative tribunal wherein the
    37  charges are pending that an appearance or answer has been made or in the
    38  case of an administrative tribunal that he has complied with  the  rules
    39  and  regulations  of  said tribunal following entry of a final decision.
    40  Where an application is denied pursuant to this section, the commission-
    41  er may, in his or her discretion, deny a registration or renewal  appli-
    42  cation to any other person for the same vehicle and may deny a registra-
    43  tion  or  renewal  application for any other motor vehicle registered in
    44  the name of the applicant where the  commissioner  has  determined  that
    45  such registrant's intent has been to evade the purposes of this subdivi-
    46  sion  and  where the commissioner has reasonable grounds to believe that
    47  such registration or renewal will  have  the  effect  of  defeating  the
    48  purposes of this subdivision. Such denial shall only remain in effect as
    49  long  as  the summonses remain unanswered, or in the case of an adminis-
    50  trative tribunal, the registrant fails to  comply  with  the  rules  and
    51  regulations following entry of a final decision.
    52    §  2-g.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
    53  and traffic law, as separately amended by chapters 339 and  592  of  the
    54  laws of 1987, is amended to read as follows:
    55    a. If at the time of application for a registration or renewal thereof
    56  there  is  a  certification  from  a court or administrative tribunal of

        S. 3089                             8
     1  appropriate jurisdiction  that  the  registrant  or  his  representative
     2  failed  to appear on the return date or any subsequent adjourned date or
     3  failed to comply with the rules and  regulations  of  an  administrative
     4  tribunal  following  entry  of  a final decision in response to three or
     5  more summonses or other process, issued within an eighteen month period,
     6  charging that such motor vehicle was parked,  stopped  or  standing,  or
     7  that  such  motor vehicle was operated for hire by the registrant or his
     8  agent without being licensed as a motor vehicle for hire by  the  appro-
     9  priate  local  authority,  in violation of any of the provisions of this
    10  chapter or of any law, ordinance, rule or regulation  made  by  a  local
    11  authority, or the registrant was liable in accordance with section twen-
    12  ty-nine  hundred  eighty-five  of  the public authorities law or section
    13  sixteen-a, sixteen-b or sixteen-c of chapter seven hundred  seventy-four
    14  of  the  laws  of  nineteen hundred fifty, the commissioner or his agent
    15  shall deny the registration or renewal application until  the  applicant
    16  provides  proof  from  the  court or administrative tribunal wherein the
    17  charges are pending that an appearance or answer has been made or in the
    18  case of an administrative tribunal that he has complied with  the  rules
    19  and  regulations  of  said tribunal following entry of a final decision.
    20  Where an application is denied pursuant to this section, the commission-
    21  er may, in his discretion, deny a registration or renewal application to
    22  any other person for the same vehicle and may  deny  a  registration  or
    23  renewal  application  for any other motor vehicle registered in the name
    24  of the applicant where the commissioner has determined that such  regis-
    25  trant's  intent  has  been to evade the purposes of this subdivision and
    26  where the commissioner has  reasonable  grounds  to  believe  that  such
    27  registration  or  renewal will have the effect of defeating the purposes
    28  of this subdivision. Such denial shall only remain in effect as long  as
    29  the  summonses  remain  unanswered,  or in the case of an administrative
    30  tribunal, the registrant fails to comply with the rules and  regulations
    31  following entry of a final decision.
    32    §  3.  The  vehicle and traffic law is amended by adding a new section
    33  519 to read as follows:
    34    § 519. Reciprocal agreements concerning suspension or denial of regis-
    35  tration of a motor vehicle  for  violations  of  toll  collection  regu-
    36  lations.  1. The commissioner may execute a reciprocal compact or agree-
    37  ment regarding the toll collection violations  with  the  motor  vehicle
    38  administrator  or  other authorized official of another state not incon-
    39  sistent with the provisions of this chapter. Such compact  or  agreement
    40  shall  provide  that  if  a  registration  of  a  motor vehicle would be
    41  suspended pursuant to subdivision five-a of section four hundred one  of
    42  this  chapter,  or pursuant to a comparable law or regulation of another
    43  state, or if the registration or renewal of a  motor  vehicle  would  be
    44  denied  pursuant  to  subdivision  four-d of section five hundred ten of
    45  this article, or pursuant to a comparable law or regulation  of  another
    46  state,  because  an  owner  of a motor vehicle (a) failed to appear, (b)
    47  failed to pay any penalty imposed by a court, or (c)  failed  to  comply
    48  with  the  rules and regulations of an administrative tribunal following
    49  entry of a final decision in response to five or more notices of liabil-
    50  ity of other process issued within an eighteen-month period  in  accord-
    51  ance  with  the provisions of section twenty-nine hundred eighty-five of
    52  the public authorities law or sections one through  sixteen,  sixteen-a,
    53  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    54  laws of nineteen hundred fifty, or with any comparable law or regulation
    55  of another state, then the state issuing the registration shall likewise
    56  suspend the registration or deny the registration or renewal, until such

        S. 3089                             9
     1  registrant or applicant has appeared in  response  to  such  notices  of
     2  liability,  or  has paid such penalty, or, in the case of an administra-
     3  tive tribunal, the registrant or applicant has complied with  the  rules
     4  and regulations following the entry of a final decision or decisions.
     5    2.  Such compact or agreement shall also provide such terms and proce-
     6  dures as are necessary and proper to facilitate its administration.  Any
     7  such compact or agreement shall specify the violations  subject  to  the
     8  compact  or  agreement,  and shall include a determination of comparable
     9  violations in each state if any such violations are of  a  substantially
    10  similar  nature  but  are  not denominated or described in precisely the
    11  same words in each party state.
    12    3. The word "state" when used in this section shall  mean  any  state,
    13  territory,  a  possession  of the United States, District of Columbia or
    14  any province of Canada.
    15    § 4. This act shall take effect on the one hundred twentieth day after
    16  it shall have become a law; provided however that:
    17    (a) the amendments to subparagraph (i) of paragraph a  of  subdivision
    18  5-a of section 401 of the vehicle and traffic law made by section two of
    19  this  act shall not affect the expiration of such paragraph and shall be
    20  deemed to expire therewith,  when  upon  such  date  the  provisions  of
    21  section two-a of this act shall take effect;
    22    (b) the amendments to paragraph a of subdivision 5-a of section 401 of
    23  the  vehicle and traffic law made by section two-a of this act shall not
    24  affect the expiration of such paragraph and shall be  deemed  to  expire
    25  therewith,  when  upon such date the provisions of section two-b of this
    26  act shall take effect;
    27    (c) the amendments to paragraph a of subdivision 5-a of section 401 of
    28  the vehicle and traffic law made by section two-b of this act shall  not
    29  affect  the  expiration  of such paragraph and shall be deemed to expire
    30  therewith, when upon such date the provisions of section two-c  of  this
    31  act shall take effect;
    32    (d) the amendments to paragraph a of subdivision 5-a of section 401 of
    33  the  vehicle and traffic law made by section two-c of this act shall not
    34  affect the expiration of such paragraph and shall be  deemed  to  expire
    35  therewith,  when  upon such date the provisions of section two-d of this
    36  act shall take effect;
    37    (e) the amendments to paragraph a of subdivision 5-a of section 401 of
    38  the vehicle and traffic law made by section two-d of this act shall  not
    39  affect  the  expiration  of such paragraph and shall be deemed to expire
    40  therewith, when upon such date the provisions of section two-e  of  this
    41  act shall take effect;
    42    (f) the amendments to paragraph a of subdivision 5-a of section 401 of
    43  the  vehicle and traffic law made by section two-e of this act shall not
    44  affect the expiration of such paragraph and shall be  deemed  to  expire
    45  therewith,  when  upon such date the provisions of section two-f of this
    46  act shall take effect; and
    47    (g) the amendments to paragraph a of subdivision 5-a of section 401 of
    48  the vehicle and traffic law made by section two-f of this act shall  not
    49  affect  the  expiration  of such paragraph and shall be deemed to expire
    50  therewith, when upon such date the provisions of section two-g  of  this
    51  act shall take effect.
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