Bill Text: NY A07080 | 2009-2010 | 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: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2010-01-06 - referred to transportation [A07080 Detail]

Download: New_York-2009-A07080-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7080
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 19, 2009
                                      ___________
       Introduced  by M. of A. TOWNS, COOK, McDONOUGH -- 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  chapter 568 of the laws of 1994, is amended to read as follows:
    3    S  214.  Proof of mailing of notice or order. The production of a copy
    4  of a notice or order issued by the department, together  with  an  elec-
    5  tronically-generated  record  of  entry of such order or notice upon the
    6  appropriate driver's license or registration file of the department  and
    7  an  affidavit  by  an  employee designated by the commissioner as having
    8  responsibility for the issuance of such order or notice  issued  by  the
    9  department  setting forth the procedure for the issuance and the mailing
   10  of such notice or order shall be presumptive evidence that  such  notice
   11  of suspension, revocation or order was produced and mailed in accordance
   12  with such procedures. The foregoing procedure shall not preclude the use
   13  of an affidavit of service by mail, a certificate of mailing or proof of
   14  certified  or  registered  mail as proof of mailing of any such order or
   15  notice. IN THE CASE OF AN ORDER OF SUSPENSION ISSUED FOR  A  FAILURE  TO
   16  APPEAR, ANSWER OR PAY A FINE ISSUED UNDER SECTION TWO HUNDRED TWENTY-SIX
   17  OR  SUBDIVISION  FOUR-A OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER, THE
   18  PRODUCTION OF A COPY OF ANY RECORD WHICH CONTAINS THE NATURE AND DATE OF
   19  THE CHARGE, THE NAME OF THE MOTORIST, AND THE ADDRESS TO WHICH THE ORDER
   20  OF SUSPENSION WAS MAILED SHALL HAVE THE SAME FORCE AND EFFECT AS WOULD A
   21  COPY OF SUCH ORDER UNDER THIS SECTION.
   22    S 2. Section 401 of the vehicle and traffic law is amended by adding a
   23  new subdivision 5-b to read as follows:
   24    5-B. DENIAL OF REGISTRATION BASED ON  SUSPENDED  OR  REVOKED  DRIVER'S
   25  LICENSE  OR PRIVILEGE. IF AT THE TIME OF APPLICATION FOR A REGISTRATION,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10243-01-9
       A. 7080                             2
    1  THE RECORDS OF THE DEPARTMENT INDICATE THAT THE REGISTRANT'S LICENSE  OR
    2  PRIVILEGE  OF  OPERATING  A  MOTOR VEHICLE IN THIS STATE OR PRIVILEGE OF
    3  OBTAINING A LICENSE TO OPERATE SUCH MOTOR VEHICLE ISSUED BY THE  COMMIS-
    4  SIONER IS SUSPENDED, REVOKED OR OTHERWISE WITHDRAWN BY THE COMMISSIONER,
    5  THE  COMMISSIONER  MAY,  PURSUANT TO REGULATION, DENY SUCH REGISTRATION.
    6  SUCH DENIAL SHALL ONLY REMAIN IN EFFECT AS LONG AS THE SUSPENSION, REVO-
    7  CATION OR WITHDRAWAL HAS NOT BEEN TERMINATED.
    8    S 3. Subdivision 3 of section 420-a of the vehicle and traffic law, as
    9  added by chapter 695 of the laws of 1983, is amended to read as follows:
   10    3. A qualified dealer may issue a temporary  registration  under  this
   11  section  only  to  a  person to whom he OR SHE has sold or transferred a
   12  vehicle. Such a temporary registration may not be issued for  a  vehicle
   13  which  is  eligible for issuance of a temporary certificate of registra-
   14  tion pursuant to subdivision seven of section  four  hundred  twenty  of
   15  this  article.  The  commissioner  may,  by regulation, exclude specific
   16  classes or types of vehicles from the provisions of  this  section.  THE
   17  COMMISSIONER  SHALL  DISSEMINATE ANY REGULATIONS PROMULGATED PURSUANT TO
   18  SUBDIVISION FIVE-B OF SECTION FOUR HUNDRED ONE  OF  THIS  TITLE  TO  ALL
   19  QUALIFIED  DEALERS.  A QUALIFIED DEALER MAY NOT ISSUE A TEMPORARY REGIS-
   20  TRATION WHERE SUCH ISSUANCE WOULD BE PROHIBITED PURSUANT TO  SUCH  REGU-
   21  LATIONS.
   22    S 4. This act shall take effect immediately provided that sections two
   23  and  three  of  this act shall take effect on the first of December next
   24  succeeding the date on which it shall have  become  a  law.    Effective
   25  immediately,  the addition, amendment and/or repeal of any rule or regu-
   26  lation necessary for the implementation of  the  foregoing  sections  of
   27  this  act on their effective date are authorized and directed to be made
   28  and completed on or before such effective date.