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