Bill Text: NY A05802 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that a record containing the date and nature of an alleged vehicle and traffic law violation and the name and address of the motorist alleged to have committed such violation shall have the same effect as a copy of a suspension order for the purpose of proving that such order was mailed; and authorizes the commissioner of motor vehicles to deny a vehicle registration if the registrant's license or privilege has been suspended or revoked.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A05802 Detail]

Download: New_York-2011-A05802-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5802
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 1, 2011
                                      ___________
       Introduced  by M. of A. TOWNS -- read once and referred to the Committee
         on Transportation
       AN ACT to amend the vehicle and traffic law, in  relation  to  proof  of
         notice of suspension and denial of registration in certain cases
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 214 of the vehicle and traffic law, as  amended  by
    2  section  1  of  part  K of chapter 59 of the laws of 2010, is amended to
    3  read as follows:
    4    S 214. Proof of mailing of notice or order. The production of  a  copy
    5  of  a  notice  or order issued by the department, together with an elec-
    6  tronically-generated record of entry of such order or  notice  upon  the
    7  appropriate  driver's license or registration file of the department and
    8  an affidavit by an employee designated by  the  commissioner  as  having
    9  responsibility  for  the  issuance of such order or notice issued by the
   10  department setting forth the procedure for the issuance and the  mailing
   11  of  such  notice or order at the address of such person on file with the
   12  department or at the current  address  provided  by  the  United  States
   13  postal service shall be presumptive evidence that such notice of suspen-
   14  sion,  revocation  or  order  was produced and mailed in accordance with
   15  such procedures. The foregoing procedure shall not preclude the  use  of
   16  an  affidavit  of  service by mail, a certificate of mailing or proof of
   17  certified or registered mail as proof of mailing of any  such  order  or
   18  notice.
   19    IN  THE CASE OF AN ORDER OF SUSPENSION ISSUED FOR A FAILURE TO APPEAR,
   20  ANSWER OR PAY A FINE ISSUED UNDER  SECTION  TWO  HUNDRED  TWENTY-SIX  OR
   21  SUBDIVISION  FOUR-A  OF  SECTION  FIVE  HUNDRED TEN OF THIS CHAPTER, THE
   22  PRODUCTION OF A COPY OF ANY RECORD WHICH CONTAINS THE NATURE AND DATE OF
   23  THE CHARGE, THE NAME OF THE MOTORIST, AND THE ADDRESS TO WHICH THE ORDER
   24  OF SUSPENSION WAS MAILED SHALL HAVE THE SAME FORCE AND EFFECT AS WOULD A
   25  COPY OF SUCH ORDER UNDER THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09629-01-1
       A. 5802                             2
    1    S 2. Section 401 of the vehicle and traffic law is amended by adding a
    2  new subdivision 5-b to read as follows:
    3    5-B.  DENIAL  OF  REGISTRATION  BASED ON SUSPENDED OR REVOKED DRIVER'S
    4  LICENSE OR PRIVILEGE. IF AT THE TIME OF APPLICATION FOR A  REGISTRATION,
    5  THE  RECORDS OF THE DEPARTMENT INDICATE THAT THE REGISTRANT'S LICENSE OR
    6  PRIVILEGE OF OPERATING A MOTOR VEHICLE IN THIS  STATE  OR  PRIVILEGE  OF
    7  OBTAINING  A LICENSE TO OPERATE SUCH MOTOR VEHICLE ISSUED BY THE COMMIS-
    8  SIONER IS SUSPENDED, REVOKED OR OTHERWISE WITHDRAWN BY THE COMMISSIONER,
    9  THE COMMISSIONER MAY, PURSUANT TO REGULATION,  DENY  SUCH  REGISTRATION.
   10  SUCH DENIAL SHALL ONLY REMAIN IN EFFECT AS LONG AS THE SUSPENSION, REVO-
   11  CATION OR WITHDRAWAL HAS NOT BEEN TERMINATED.
   12    S 3. Subdivision 3 of section 420-a of the vehicle and traffic law, as
   13  added by chapter 695 of the laws of 1983, is amended to read as follows:
   14    3.  A  qualified  dealer may issue a temporary registration under this
   15  section only to a person to whom he OR SHE has  sold  or  transferred  a
   16  vehicle.  Such  a temporary registration may not be issued for a vehicle
   17  which is eligible for issuance of a temporary certificate  of  registra-
   18  tion  pursuant  to  subdivision  seven of section four hundred twenty of
   19  this article. The commissioner  may,  by  regulation,  exclude  specific
   20  classes  or  types  of vehicles from the provisions of this section. THE
   21  COMMISSIONER SHALL DISSEMINATE ANY REGULATIONS PROMULGATED  PURSUANT  TO
   22  SUBDIVISION  FIVE-B  OF  SECTION  FOUR  HUNDRED ONE OF THIS TITLE TO ALL
   23  QUALIFIED DEALERS. A QUALIFIED DEALER MAY NOT ISSUE A  TEMPORARY  REGIS-
   24  TRATION  WHERE  SUCH ISSUANCE WOULD BE PROHIBITED PURSUANT TO SUCH REGU-
   25  LATIONS.
   26    S 4. This act shall take effect immediately provided that sections two
   27  and three of this act shall take effect on the first  of  December  next
   28  succeeding  the  date  on  which  it shall have become a law.  Effective
   29  immediately, the addition, amendment and/or repeal of any rule or  regu-
   30  lation  necessary  for  the  implementation of the foregoing sections of
   31  this act on their effective date are authorized and directed to be  made
   32  and completed on or before such effective date.