NY State Senate Bill 2019-S3089

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Feb 01, 2019	referred to transportation

2019-S3089 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§510 & 401, add §519, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6953
2015-2016: S2704
2017-2018: S1726

2019-S3089 (ACTIVE) - Summary

Relates to the liability of vehicle owners for toll collection violations.

2019-S3089 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3089

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to liability of
vehicle owners for toll collection violations

 
PURPOSE:

To permit public authorities to directly petition the Commissioner of
Motor Vehicles to suspend or deny the vehicle registration of persistent
toll evaders, and to enable the Commissioner of Motor Vehicles to enter
into reciprocal agreements with other states to suspend or deny the
vehicle registration of persistent toll evaders.

 
SUMMARY OF PROVISIONS:

Section 1. Amends subdivision 4-d of section 510 of the vehicle and
traffic law to permit public authorities to directly petition the
Commissioner of motor vehicles to suspend the vehicle registration when

the owner fails to respond to five or more notices of liability for
offenses of toll evasion.

Sections 2, 2-a, 2-b, 2-c and 2-d. Amends subparagraph (i) of paragraph
a of subdivision 5a of section 401 of the vehicle and traffic law to
require that the Commissioner of Motor Vehicles deny the application for
or renewal of a vehicle registration when the owner has five or more
outstanding toll violations.

Section 3. Adds a new section 518 to the vehicle and traffic law to
allow the Commissioner of Motor Vehicles to enter into reciprocal agree-
ments with other states for the suspension or denial of a vehicle regis-
tration for persistent toll evaders.

Section 4. Effective date.

 
EXISTING LAW:

Under current law, only a court or administrative tribunal may order the
suspension of a vehicle registration.

 
JUSTIFICATION:

Current law provides that upon notification from a court or administra-
tive tribunal that a vehicle owner has accumulated 5 or more toll
collection violations within an eighteen month period, the DMV shall
suspend that person's vehicle registration. Because only courts and
administrative tribunals are authorized to transmit this information to
DMV, and these entities only track violations within their own geograph-
ic jurisdictions, the only time a multiple violator is reported to DMV
is when a violator has accumulated five or more violations within one
jurisdiction. This process leaves a gap in tracking violators who often
travel between multiple jurisdictions and does not effectively serve as
a deterrent to those who would abuse the system at the expense of
others. This bill would enhance toll enforcement by subjecting individ-
uals with five toll collection violations within an eighteen month peri-
od to a mandatory vehicle registration suspension and by allowing the

Commissioner of Motor Vehicles to enter into reciprocal agreements with
other states to crack down on persistent toll evaders.

 
LEGISLATIVE HISTORY:

2017-18: S1726/A1675 - PASSED SENATE/transportation
2015-16:  S2704/A4299 - Passed Senate/transportation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2019-S3089 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3089
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06418-01-9

 S. 3089                             2
 
 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.
   § 2. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
 of  the  vehicle and traffic law, as amended by section 8 of chapter 222
 of the laws of 2015, 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 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 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-a,  section  eleven  hundred  eleven-b  or section eleven hundred
 eleven-d 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
 (c) or (d) of section eleven hundred eighty of this chapter, or (v)  the
 registrant was liable in accordance with section eleven hundred eighty-c
 of  this  chapter  for  a violation of subdivision (c) or (d) of section
 eleven hundred eighty of this chapter; or (vi) the registrant was liable
 in accordance with section eleven hundred eleven-e of this chapter for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter,  OR  (VII) 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, 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 administra-
 tive tribunal that he or she has complied with the rules and regulations
 of said tribunal following entry of a final decision. Where an  applica-
 tion 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. 3089                             3
 
   § 2-a. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
 and traffic law, as amended by section 8-a of chapter 222 of the laws of
 2015, 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 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 eleven-d of this chapter for a violation  of  subdivision
 (d)  of  section eleven hundred eleven of this chapter or (v) the regis-
 trant 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 chapter; or (v) the registrant was
 liable  in accordance with section eleven hundred eighty-c of this chap-
 ter for a violation of subdivision (b), (c), (d), (f) or (g) of  section
 eleven hundred eighty of this chapter; or (vi) the registrant was liable
 in accordance with section eleven hundred eleven-e of this chapter for a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter[,]; OR (VII)  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  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 follow-
 ing  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  commis-
 sioner  has  determined  that such registrant's intent has been to evade
 the purposes of this subdivision and where the commissioner has  reason-
 able  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.
   §  2-b.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
 and traffic law, as amended by section 8-b of chapter 222 of the laws of
 2015, is amended to read as follows:

 S. 3089                             4
 
   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: (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  accord-
 ance  with  section  eleven  hundred  eleven-c  of  this  chapter  for a
 violation of a bus lane restriction as defined in such section; or (iii)
 the registrant was liable in  accordance  with  section  eleven  hundred
 eleven-d  of  this chapter for a violation of subdivision (d) of section
 eleven hundred eleven of this chapter; 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 chapter, or the registrant was liable in accord-
 ance with  section  eleven  hundred  eighty-c  of  this  chapter  for  a
 violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
 hundred eighty of this chapter; or (v)  the  registrant  was  liable  in
 accordance  with  section  eleven hundred eleven-e of this chapter for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter[,]; OR (VI) 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 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.
   §  2-c.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
 and traffic law, as amended by section 8-c of chapter 222 of the laws of
 2015, 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

 S. 3089                             5

 three  or  more  summonses  or  other process, issued within an eighteen
 month period, charging 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 accord-
 ance with  section  eleven  hundred  eleven-d  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  eighty-b  of this chapter for violations of subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter, or the registrant was liable  in  accordance  with  section  eleven
 hundred eighty-c of this chapter for violations of subdivision (b), (c),
 (d),  (f)  or  (g)  of section eleven hundred eighty of this chapter; or
 (iv) the registrant was liable in accordance with section eleven hundred
 eleven-e of this chapter for a violation of subdivision (d)  of  section
 eleven  hundred  eleven  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 commissioner or his or her 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 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.
   §  2-d.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
 and traffic law, as amended by section 8-d of chapter 222 of the laws of
 2015, 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 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  eighty-c  of this chapter for violations of subdivision

 S. 3089                             6
 
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter, or the registrant was liable  in  accordance  with  section  eleven
 hundred  eleven-d  of this chapter for a violation of subdivision (d) of
 section  eleven  hundred  eleven  of this chapter, or the registrant was
 liable in accordance with section eleven hundred eleven-e of this  chap-
 ter  for a violation of subdivision (d) of section eleven hundred eleven
 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 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.
   § 2-e. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
 and traffic law, as amended by section 8-e of chapter 222 of the laws of
 2015, 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-d of this chapter for a violation  of
 subdivision (d) of section eleven hundred eleven of this chapter, or the
 registrant was liable in accordance with section eleven hundred eleven-e
 of  this  chapter  for  a violation of subdivision (d) of section eleven
 hundred eleven of this chapter, OR THE REGISTRANT WAS LIABLE IN  ACCORD-
 ANCE  WITH SECTION TWENTY-NINE HUNDRED EIGHT-FIVE OF THE PUBLIC AUTHORI-
 TIES 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 or  administra-
 tive  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 follow-

 S. 3089                             7
 
 ing 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 commis-
 sioner has determined that such registrant's intent has  been  to  evade
 the  purposes of this subdivision and where the commissioner has reason-
 able 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.
   § 2-f. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
 and traffic law, as amended by section 8-f of chapter 222 of the laws of
 2015, 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-e of this chapter for a violation  of
 subdivision (d) of section eleven hundred eleven 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 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 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.
   §  2-g.  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

 S. 3089                             8
 
 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.
   §  3.  The  vehicle and traffic law is amended by adding a new section
 519 to read as follows:
   § 519. 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
 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

 S. 3089                             9
 
 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.
   § 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;
   (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;
   (e) the amendments to paragraph a of subdivision 5-a of section 401 of
 the vehicle and traffic law made by section two-d 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-e  of  this
 act shall take effect;
   (f) the amendments to paragraph a of subdivision 5-a of section 401 of
 the  vehicle and traffic law made by section two-e 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-f of this
 act shall take effect; and
   (g) the amendments to paragraph a of subdivision 5-a of section 401 of
 the vehicle and traffic law made by section two-f 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-g  of  this
 act shall take effect.

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Senate Bill S3089

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2019-S3089 (ACTIVE) - Details

2019-S3089 (ACTIVE) - Summary

2019-S3089 (ACTIVE) - Sponsor Memo

2019-S3089 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3089

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Transportation Committee

2019-S3089 (ACTIVE) - Details

2019-S3089 (ACTIVE) - Summary

2019-S3089 (ACTIVE) - Sponsor Memo

2019-S3089 (ACTIVE) - Bill Text download pdf

Comments