S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6953

                            I N  S E N A T E

                              April 7, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- 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 liability of
  vehicle owners for toll collection violations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 4-d of section 510 of the vehicle and traffic
law, as added by chapter 379 of the laws of 1992, is amended to read  as
follows:
  4-d. Suspension of registration for failure to answer or pay penalties
with  respect to certain violations. Upon the receipt of a notification,
IN THE MANNER AND FORM PRESCRIBED BY  THE  COMMISSIONER,  from  a  court
[or],  an  administrative  tribunal,  A  PUBLIC  AUTHORITY, OR ANY OTHER
PUBLIC ENTITY IMPOSING VIOLATIONS, that an  owner  of  a  motor  vehicle
failed  to  appear  on  the  return  date  or  dates or a new subsequent
adjourned date or dates or failed to pay any penalty imposed by a  court
or  failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision or decisions,  in  response
to  five or more notices of liability or other process, issued within an
eighteen month period FROM ANY AND ALL JURISDICTIONS charging such owner
with a violation of toll collection regulations in accordance  with  the
provisions  of  section  two  thousand  nine  hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four  of  the  laws  of  nineteen  hundred
fifty,  OR  OTHER  COMPARABLE  LAW, the commissioner or his OR HER agent
shall suspend the registration of the vehicle or  vehicles  involved  in
the  violation  or the privilege of operation of any motor vehicle owned
by the registrant. Such suspension shall take effect no less than thirty
days from the date on which notice thereof is sent by  the  commissioner
to  the  person  whose  registration or privilege is suspended and shall
remain in effect until such registrant has appeared in response to  such
notices  of  liability  or  has  paid  such penalty or in the case of an
administrative tribunal, the registrant has complied with the rules  and
regulations following the entry of a final decision or decisions.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14638-02-4

S. 6953                             2

  S 2. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
of  the  vehicle and traffic law, as amended by section 9 of chapter 189
of the laws of 2013, is amended to read as follows:
  (i) If at the time of application for a registration or renewal there-
of  there  is  a  certification from a court, parking violations bureau,
traffic and parking violations  agency  or  administrative  tribunal  of
appropriate  jurisdiction  [or  administrative  tribunal  of appropriate
jurisdiction] that the registrant or his or her representative failed to
appear on the return date or any subsequent adjourned date or failed  to
comply  with  the  rules  and  regulations of an administrative tribunal
following entry of a final decision in response to a total of  three  or
more summonses or other process in the aggregate, issued within an eigh-
teen  month  period,  charging  either  that: (i) such motor vehicle was
parked, stopped or standing, or that such motor vehicle was operated for
hire by the registrant or his or her agent without being licensed  as  a
motor  vehicle for hire by the appropriate local authority, in violation
of any of the provisions of this chapter or of any law, ordinance,  rule
or  regulation  made  by  a  local authority; or (ii) the registrant was
liable in accordance with section eleven hundred eleven-a of this  chap-
ter  or  section eleven hundred eleven-b of this chapter for a violation
of subdivision (d) of section eleven hundred eleven of this chapter;  or
(iii)  the  registrant  was  liable  in  accordance  with section eleven
hundred eleven-c  of  this  chapter  for  a  violation  of  a  bus  lane
restriction  as  defined  in  such  section,  or (iv) the registrant was
liable in accordance with section eleven hundred eighty-b of this  chap-
ter  for a violation of subdivision (c) or (d) of section eleven hundred
eighty of this chapter; OR (V) THE REGISTRANT WAS LIABLE  IN  ACCORDANCE
WITH  SECTION  TWENTY-NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES
LAW OR SECTION  SIXTEEN-A,  SIXTEEN-B  OR  SIXTEEN-C  OF  CHAPTER  SEVEN
HUNDRED  SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commis-
sioner or his or her agent shall deny the registration or renewal appli-
cation until the applicant provides proof from the  court,  traffic  and
parking violations agency or administrative tribunal wherein the charges
are pending that an appearance or answer has been made or in the case of
an  administrative  tribunal  that he or she has complied with the rules
and regulations of said tribunal following entry of  a  final  decision.
Where an application is denied pursuant to this section, the commission-
er  may, in his or her discretion, deny a registration or renewal appli-
cation to any other person for the same vehicle and may deny a registra-
tion or renewal application for any other motor  vehicle  registered  in
the  name  of  the  applicant where the commissioner has determined that
such registrant's intent has been to evade the purposes of this subdivi-
sion and where the commissioner has reasonable grounds to  believe  that
such  registration  or  renewal  will  have  the effect of defeating the
purposes of this subdivision. Such denial shall only remain in effect as
long as the summonses remain unanswered, or in the case of  an  adminis-
trative  tribunal,  the  registrant  fails  to comply with the rules and
regulations following entry of a final decision.
  S 2-a. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
and traffic law, as amended by section 9-a of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction that the registrant or  his  or  her  represen-
tative  failed  to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of  an  adminis-

S. 6953                             3

trative  tribunal  following  entry of a final decision in response to a
total of three or more summonses or  other  process  in  the  aggregate,
issued  within  an eighteen month period, charging either that: (i) such
motor  vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent  without
being  licensed  as  a  motor  vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter  or  of
any  law,  ordinance,  rule  or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d)  of  section
eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
liable in accordance with section eleven hundred eleven-c of this  chap-
ter  for  a  violation  of  a  bus  lane  restriction as defined in such
section; or (iv) the registrant was liable in  accordance  with  section
eleven  hundred  eighty-b of this chapter for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter; OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH  SECTION  TWEN-
TY-NINE  HUNDRED  EIGHTY-FIVE  OF  THE PUBLIC AUTHORITIES LAW OR SECTION
SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED  SEVENTY-FOUR
OF  THE  LAWS  OF NINETEEN HUNDRED FIFTY, the commissioner or his or her
agent shall deny the  registration  or  renewal  application  until  the
applicant provides proof from the court or administrative tribunal wher-
ein  the  charges are pending that an appearance or answer has been made
or in the case of an administrative tribunal that he or she has complied
with the rules and regulations of said tribunal  following  entry  of  a
final decision. Where an application is denied pursuant to this section,
the  commissioner  may, in his or her discretion, deny a registration or
renewal application to any other person for the  same  vehicle  and  may
deny  a  registration or renewal application for any other motor vehicle
registered in the name of  the  applicant  where  the  commissioner  has
determined  that such registrant's intent has been to evade the purposes
of this subdivision and where the commissioner has reasonable grounds to
believe that such registration  or  renewal  will  have  the  effect  of
defeating  the  purposes  of  this  subdivision.  Such denial shall only
remain in effect as long as the summonses remain unanswered, or  in  the
case  of an administrative tribunal, the registrant fails to comply with
the rules and regulations following entry of a final decision.
  S 2-b. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
and traffic law, as amended by section 9-b of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction that the registrant or  his  or  her  represen-
tative  failed  to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of  an  adminis-
trative  tribunal  following  entry  of  a final decision in response to
three or more summonses or other  process,  issued  within  an  eighteen
month  period,  charging  that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his or her agent without being licensed as a motor vehicle  for
hire  by  the  appropriate  local  authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or  regulation
made  by  a  local  authority or the registrant was liable in accordance
with section eleven hundred eleven-c of this chapter for a violation  of
a bus lane restriction as defined in such section, or the registrant was
liable  in accordance with section eleven hundred eighty-b of this chap-

S. 6953                             4

ter for a violation of subdivision (b), (c), (d), (f) or (g) of  section
eleven  hundred  eighty of this chapter, OR THE REGISTRANT WAS LIABLE IN
ACCORDANCE WITH SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE  OF  THE  PUBLIC
AUTHORITIES  LAW OR SECTION SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER
SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN  HUNDRED  FIFTY,  the
commissioner  or his or her agent shall deny the registration or renewal
application until the applicant provides proof from the court or  admin-
istrative tribunal wherein the charges are pending that an appearance or
answer  has  been made or in the case of an administrative tribunal that
he or she has complied with the rules and regulations of  said  tribunal
following  entry  of  a  final  decision. Where an application is denied
pursuant  to  this  section,  the  commissioner  may,  in  his  or   her
discretion,  deny  a  registration  or  renewal application to any other
person for the same vehicle and  may  deny  a  registration  or  renewal
application  for  any  other motor vehicle registered in the name of the
applicant where the commissioner has determined that  such  registrant's
intent  has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this  subdivi-
sion.  Such  denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of  an  administrative  tribunal,  the
registrant  fails  to  comply  with  the rules and regulations following
entry of a final decision.
  S 2-c. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
and traffic law, as amended by section 9-c of chapter 189 of the laws of
2013, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction  that  the  registrant  or  his  representative
failed  to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and  regulations  of  an  administrative
tribunal  following  entry  of  a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that such motor vehicle was parked,  stopped  or  standing,  or
that  such  motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by  the  appro-
priate  local  authority,  in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation  made  by  a  local
authority, or the registrant was liable in accordance with section elev-
en  hundred  eighty-b of this chapter for violations of subdivision (b),
(c), (d), (f) or (g) of section eleven hundred eighty of  this  chapter,
OR  THE  REGISTRANT  WAS  LIABLE  IN ACCORDANCE WITH SECTION TWENTY-NINE
HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTION  SIXTEEN-A,
SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS
OF  NINETEEN HUNDRED FIFTY, the commissioner or his agent shall deny the
registration or renewal application until the applicant  provides  proof
from  the court or administrative tribunal wherein the charges are pend-
ing that an appearance or answer has been made or  in  the  case  of  an
administrative  tribunal  that  he has complied with the rules and regu-
lations of said tribunal following entry of a final decision.  Where  an
application is denied pursuant to this section, the commissioner may, in
his  discretion, deny a registration or renewal application to any other
person for the same vehicle and  may  deny  a  registration  or  renewal
application  for  any  other motor vehicle registered in the name of the
applicant where the commissioner has determined that  such  registrant's
intent  has been to evade the purposes of this subdivision and where the

S. 6953                             5

commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this  subdivi-
sion.  Such  denial shall only remain in effect as long as the summonses
remain  unanswered,  or  in  the case of an administrative tribunal, the
registrant fails to comply with  the  rules  and  regulations  following
entry of a final decision.
  S  2-d.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by chapters 339 and  592  of  the
laws of 1987, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction  that  the  registrant  or  his  representative
failed  to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and  regulations  of  an  administrative
tribunal  following  entry  of  a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that such motor vehicle was parked,  stopped  or  standing,  or
that  such  motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by  the  appro-
priate  local  authority,  in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation  made  by  a  local
authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWEN-
TY-NINE  HUNDRED  EIGHTY-FIVE  OF  THE PUBLIC AUTHORITIES LAW OR SECTION
SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED  SEVENTY-FOUR
OF  THE  LAWS  OF  NINETEEN HUNDRED FIFTY, the commissioner or his agent
shall deny the registration or renewal application until  the  applicant
provides  proof  from  the  court or administrative tribunal wherein the
charges are pending that an appearance or answer has been made or in the
case of an administrative tribunal that he has complied with  the  rules
and  regulations  of  said tribunal following entry of a final decision.
Where an application is denied pursuant to this section, the commission-
er may, in his discretion, deny a registration or renewal application to
any other person for the same vehicle and may  deny  a  registration  or
renewal  application  for any other motor vehicle registered in the name
of the applicant where the commissioner has determined that such  regis-
trant's  intent  has  been to evade the purposes of this subdivision and
where the commissioner has  reasonable  grounds  to  believe  that  such
registration  or  renewal will have the effect of defeating the purposes
of this subdivision. Such denial shall only remain in effect as long  as
the  summonses  remain  unanswered,  or in the case of an administrative
tribunal, the registrant fails to comply with the rules and  regulations
following entry of a final decision.
  S  3.  The  vehicle and traffic law is amended by adding a new section
518 to read as follows:
  S 518. RECIPROCAL AGREEMENTS CONCERNING SUSPENSION OR DENIAL OF REGIS-
TRATION OF A MOTOR VEHICLE  FOR  VIOLATIONS  OF  TOLL  COLLECTION  REGU-
LATIONS.  1. THE COMMISSIONER MAY EXECUTE A RECIPROCAL COMPACT OR AGREE-
MENT REGARDING THE TOLL COLLECTION VIOLATIONS  WITH  THE  MOTOR  VEHICLE
ADMINISTRATOR  OR  OTHER AUTHORIZED OFFICIAL OF ANOTHER STATE NOT INCON-
SISTENT WITH THE PROVISIONS OF THIS CHAPTER. SUCH COMPACT  OR  AGREEMENT
SHALL  PROVIDE  THAT  IF  A  REGISTRATION  OF  A  MOTOR VEHICLE WOULD BE
SUSPENDED PURSUANT TO SUBDIVISION FIVE-A OF SECTION FOUR HUNDRED ONE  OF
THIS  CHAPTER,  OR PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER
STATE, OR IF THE REGISTRATION OR RENEWAL OF A  MOTOR  VEHICLE  WOULD  BE
DENIED  PURSUANT  TO  SUBDIVISION  FOUR-D OF SECTION FIVE HUNDRED TEN OF
THIS ARTICLE, OR PURSUANT TO A COMPARABLE LAW OR REGULATION  OF  ANOTHER

S. 6953                             6

STATE,  BECAUSE  AN  OWNER  OF A MOTOR VEHICLE (A) FAILED TO APPEAR, (B)
FAILED TO PAY ANY PENALTY IMPOSED BY A COURT, OR (C)  FAILED  TO  COMPLY
WITH  THE  RULES AND REGULATIONS OF AN ADMINISTRATIVE TRIBUNAL FOLLOWING
ENTRY OF A FINAL DECISION IN RESPONSE TO FIVE OR MORE NOTICES OF LIABIL-
ITY  OF  OTHER PROCESS ISSUED WITHIN AN EIGHTEEN-MONTH PERIOD IN ACCORD-
ANCE WITH THE PROVISIONS OF SECTION TWENTY-NINE HUNDRED  EIGHTY-FIVE  OF
THE  PUBLIC  AUTHORITIES LAW OR SECTIONS ONE THROUGH SIXTEEN, SIXTEEN-A,
SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN  HUNDRED  SEVENTY-FOUR  OF  THE
LAWS OF NINETEEN HUNDRED FIFTY, OR WITH ANY COMPARABLE LAW OR REGULATION
OF ANOTHER STATE, THEN THE STATE ISSUING THE REGISTRATION SHALL LIKEWISE
SUSPEND THE REGISTRATION OR DENY THE REGISTRATION OR RENEWAL, UNTIL SUCH
REGISTRANT  OR  APPLICANT  HAS  APPEARED  IN RESPONSE TO SUCH NOTICES OF
LIABILITY, OR HAS PAID SUCH PENALTY, OR, IN THE CASE OF  AN  ADMINISTRA-
TIVE  TRIBUNAL,  THE REGISTRANT OR APPLICANT HAS COMPLIED WITH THE RULES
AND REGULATIONS FOLLOWING THE ENTRY OF A FINAL DECISION OR DECISIONS.
  2. SUCH COMPACT OR AGREEMENT SHALL ALSO PROVIDE SUCH TERMS AND  PROCE-
DURES AS ARE NECESSARY AND PROPER TO FACILITATE ITS ADMINISTRATION.  ANY
SUCH  COMPACT  OR  AGREEMENT SHALL SPECIFY THE VIOLATIONS SUBJECT TO THE
COMPACT OR AGREEMENT, AND SHALL INCLUDE A  DETERMINATION  OF  COMPARABLE
VIOLATIONS  IN  EACH STATE IF ANY SUCH VIOLATIONS ARE OF A SUBSTANTIALLY
SIMILAR NATURE BUT ARE NOT DENOMINATED OR  DESCRIBED  IN  PRECISELY  THE
SAME WORDS IN EACH PARTY STATE.
  3.  THE  WORD  "STATE" WHEN USED IN THIS SECTION SHALL MEAN ANY STATE,
TERRITORY, A POSSESSION OF THE UNITED STATES, DISTRICT  OF  COLUMBIA  OR
ANY PROVINCE OF CANADA.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided however that:
  (a)  the  amendments to subparagraph (i) of paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by section two of
this act shall not affect the expiration of such paragraph and shall  be
deemed  to  expire  therewith,  when  upon  such  date the provisions of
section two-a of this act shall take effect;
  (b) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section two-a of this act shall  not
affect  the  expiration  of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section two-b  of  this
act shall take effect;
  (c) the amendments to paragraph a of subdivision 5-a of section 401 of
the  vehicle and traffic law made by section two-b of this act shall not
affect the expiration of such paragraph and shall be  deemed  to  expire
therewith,  when  upon such date the provisions of section two-c of this
act shall take effect; and
  (d) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section two-c of this act shall  not
affect  the  expiration  of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section two-d  of  this
act shall take effect.