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 - Dead) 2020-01-08 - 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. LBD10564-01-9S. 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.