Bill Text: NY S04441 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires the surrender of registration and license plates for a suspended or revoked license.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2019-03-11 - REFERRED TO TRANSPORTATION [S04441 Detail]

Download: New_York-2019-S04441-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4441
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 11, 2019
                                       ___________
        Introduced  by Sens. GIANARIS, ADDABBO, BRESLIN, HOYLMAN, KRUEGER, PARK-
          ER, STAVISKY -- 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 the  surren-
          der  of  number plates of all motor vehicles which a person has regis-
          tered where such person has a suspended or revoked license
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 403-c to read as follows:
     3    § 403-c. Surrender of registration and number plates. 1.   Any  person
     4  who  has had their license suspended or revoked pursuant to section five
     5  hundred ten or five hundred ten-a of this chapter shall surrender to the
     6  department the number plates of all motor vehicles which such person has
     7  registered pursuant to this article, and shall have  any  motor  vehicle
     8  registrations  which  belong to such person suspended. Such surrender of
     9  number plates and vehicle suspension  or  suspensions  shall  remain  in
    10  effect as long as the suspension or revocation of such driver's license.
    11    2.  All  motor  vehicles registered to such person shall not be regis-
    12  tered or reregistered in the name of such person, or in any  other  name
    13  where  the  commissioner  has  reasonable  grounds  to believe that such
    14  registration or reregistration will have the  effect  of  defeating  the
    15  purposes of this section, and no other motor vehicle shall be registered
    16  in the name of such person during the period of such suspension.
    17    3.  Except  as  provided  in  subdivision five of section four hundred
    18  twenty-eight of this title, refunds of fees assessed  pursuant  to  this
    19  article  and article fourteen-A of this title shall not be provided when
    20  suspension is mandated pursuant to subdivision one of this section.
    21    4. a. The commissioner or his or her duly authorized agent shall noti-
    22  fy each person whose license has been suspended or revoked of his or her
    23  obligation to surrender the number plates of any  motor  vehicles  which
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10564-01-9

        S. 4441                             2
     1  such  person has registered pursuant to this article, and of the suspen-
     2  sion of any vehicle registrations in his or her name.
     3    b.  Such notice shall include the name and address of the person whose
     4  license has been suspended or revoked, the vehicle  registration  number
     5  or  numbers  which  are  suspended,  the number plates of the vehicle or
     6  vehicles which must be surrendered, the infraction, infractions, offense
     7  and/or offenses for which  the  registration  is  suspended  and  number
     8  plates  must  be surrendered, and the dates and times of the convictions
     9  for such infractions and/or offenses.
    10    c. The notice shall also contain a warning advising the person of  the
    11  consequences of failure to surrender number plates.
    12    d.  The notice required by this subdivision shall be provided by first
    13  class mail to the registrant of the motor vehicle within thirty days  of
    14  the license suspension or revocation.
    15    e.  Such  person shall surrender any number plates for any vehicle for
    16  which the person is the registrant within  fourteen  days  of  receiving
    17  notice  from  the  department.  Failure  to surrender number plates upon
    18  notice shall constitute an infraction, punishable upon conviction  by  a
    19  fine  not less than one hundred fifty dollars nor more than five hundred
    20  dollars or imprisonment for not more than fifteen days or both such fine
    21  and imprisonment.
    22    5. A waiver of the provisions of subdivisions  one  and  two  of  this
    23  section  shall be available for motor vehicles which are jointly used by
    24  spouses or other immediate family members if the implementation of  such
    25  subdivision would result in an extreme hardship for the spouse or family
    26  member  whose license has not been suspended or revoked.  To be eligible
    27  for an extreme hardship exception, a duly licensed spouse  or  immediate
    28  family  member  must furnish proof acceptable to the commissioner or his
    29  or her duly authorized agent that he or she jointly uses a motor vehicle
    30  whose registration and number  plates  would  otherwise  be  subject  to
    31  suspension  or  surrender  pursuant  to  subdivision  one or two of this
    32  section. Acceptable proof shall include without limitation the spouse or
    33  immediate family member being named in a policy of  liability  insurance
    34  for  the  motor vehicle pursuant to article seven of this chapter before
    35  the date of conviction, and any additional factors that the commissioner
    36  or his or her duly authorized agent deems necessary to  establish  joint
    37  use.  The  commissioner or his or her duly authorized agent shall deter-
    38  mine whether an individual qualifies  as  an  immediate  family  member,
    39  provided  that such definition of immediate family members shall include
    40  without limitation domestic partners as defined in section four  of  the
    41  workers' compensation law and any children of the registrant.
    42    § 2. This act shall take effect on the one hundred eightieth day after
    43  it shall have become a law.
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