S T A T E O F N E W Y O R K
________________________________________________________________________
5348--B
2019-2020 Regular Sessions
I N S E N A T E
April 26, 2019
___________
Introduced by Sens. KENNEDY, BIAGGI, CARLUCCI, FELDER, GIANARIS, KRUEG-
ER, MAY, MONTGOMERY, PARKER, RAMOS, RIVERA, SEPULVEDA -- read twice
and ordered printed, and when printed to be committed to the Committee
on Transportation -- reported favorably from said committee and
committed to the Committee on Finance -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Transportation in accordance
with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to the suspen-
sion of a license to drive a motor vehicle or motorcycle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 226 of the vehicle and traffic
law, as amended by chapter 607 of the laws of 1993, paragraph (a) as
amended by section 6 of part J of chapter 62 of the laws of 2003 and
paragraph (b) as amended by section 2 of part K of chapter 59 of the
laws of 2010, is amended to read as follows:
3. Failure to answer or appear; entry of order. (a) If the person
charged with the violation shall fail to answer the summons as provided
herein INVOLVING A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF
THIS CHAPTER, the commissioner may suspend such person's license or
driving privilege or, if the charge involves a violation of section
three hundred eighty-five[, section four hundred one or section five
hundred eleven-a] of this chapter by a registrant who was not the opera-
tor of the vehicle, the registration of such vehicle or the privilege of
operation of any motor vehicle owned by such registrant may be
suspended, until such person shall answer as provided in subdivision two
of this section. If a person shall fail to appear at a hearing INVOLVING
A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER, when
such is provided for pursuant to this section, such person's license, or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11167-09-0
S. 5348--B 2
registration or privilege of operating or of operation, as appropriate,
may be suspended pending appearance at a subsequent hearing, or the
disposition of the charges involved. Any suspension permitted by this
subdivision, if already in effect, may be terminated or if not yet in
effect, may be withdrawn or withheld, prior to the disposition of the
charges involved if such person shall appear and post security in the
amount of forty dollars to guarantee his or her appearance at any
required hearing. The security posted pursuant to this subdivision shall
be returned upon appearance at the scheduled hearing or an adjourned
hearing which results in a final disposition of the charge, and other-
wise shall be forfeited. If a suspension has been imposed pursuant to
this subdivision and the case is subsequently transferred pursuant to
subdivision two of section two hundred twenty-five of this article, such
suspension shall remain in effect until the person answers the charges
in the court to which the case was transferred. Any suspension issued
pursuant to this paragraph shall be subject to the provisions of para-
graph (j-1) of subdivision two of section five hundred three of this
chapter.
(b) Failure to answer or appear in accordance with the requirements of
this section and any regulations promulgated hereunder shall be deemed
an admission to the violation as charged, and an appropriate order may
be entered in the department's records, and a fine consistent with the
provisions of this chapter and regulations of the commissioner may be
imposed by the commissioner or person designated by the commissioner.
Prior to entry of an order and imposition of a fine, the commissioner
shall notify such person by mail at the address of such person on file
with the department or at the current address provided by the United
States postal service in accordance with section two hundred fourteen of
this [chapter] TITLE: (i) of the violation charged; (ii) of the impend-
ing entry of such order and fine; (iii) that such order and fine may be
filed as a judgment with the county clerk of the county in which the
operator or registrant is located; and (iv) that entry of such order and
imposition of such fine may be avoided by entering a plea or making an
appearance within thirty days of the sending of such notice. In no case
shall such an order and fine be entered and imposed more than two years
after the date of the alleged violation. Upon application in such manner
and form as the commissioner shall prescribe an order and fine shall be
vacated upon the ground of excusable default.
§ 2. Section 226 of the vehicle and traffic law is amended by adding a
new subdivision 1-a to read as follows:
1-A. RETURN DATE NOTIFICATIONS. THE COMMISSIONER SHALL NOTIFY ANY
PERSON WHO RECEIVES A SUMMONS AND COMPLAINT FOR ANY TRAFFIC VIOLATION
SPECIFIED IN SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-FIVE OF THIS
ARTICLE OF THE TIME AND PLACE OF THE RETURN DATE FOR SUCH SUMMONS, NO
LATER THAN ONE WEEK PRIOR TO SUCH RETURN DATE. THE COMMISSIONER SHALL:
(A) SEND SUCH NOTIFICATION BY FIRST CLASS MAIL AT THE ADDRESS OF SUCH
PERSON ON FILE WITH THE DEPARTMENT OR AT THE CURRENT ADDRESS PROVIDED BY
THE UNITED STATES POSTAL SERVICE IN ACCORDANCE WITH SECTION TWO HUNDRED
FOURTEEN OF THIS TITLE; AND (B) PROVIDE AN ADDITIONAL NOTIFICATION BY
TEXT MESSAGE, ELECTRONIC MAIL, OR TELEPHONE CALL WHENEVER THE COMMIS-
SIONER HAS THE TELEPHONE NUMBER OR ELECTRONIC MAIL ADDRESS OF SUCH
PERSON.
§ 3. Section 1802 of the vehicle and traffic law is amended to read as
follows:
§ 1802. Receipts for fines or bail; INSTALLMENT PAYMENT PLANS. 1.
RECEIPTS FOR FINES OR BAIL. Upon receipt of the payment of any fine or
S. 5348--B 3
penalty collected under a sentence or judgment of conviction of a
violation of any of the provisions of this chapter or any local law,
ordinance, order, rule or regulation made by local authorities in
relation to traffic or the deposit of bail of a person charged with a
violation of any such provision, local law, ordinance, order, rule or
regulation, the officer or employee receiving such payment or deposit
shall issue a receipt therefor when the payment or deposit is made in
cash. Whenever any such payment or deposit is made by check, money order
or in other property, the officer or employee shall issue a receipt
therefor upon request; provided, however, no such receipt shall be
issued where a fine or penalty is paid by mail unless the name and
address of the payee is known to such officer or employee or enclosed
with the payment.
2. INSTALLMENT PAYMENT PLANS. (A) WHENEVER FINES AND/OR SURCHARGES ARE
IMPOSED UPON A NATURAL PERSON UPON A CONVICTION OF A VIOLATION OF ANY OF
THE PROVISIONS OF THIS CHAPTER OR ANY LOCAL LAW, ORDINANCE, ORDER, RULE
OR REGULATION MADE BY LOCAL AUTHORITIES IN RELATION TO TRAFFIC, OR WHEN-
EVER AN ORDER IS ENTERED PURSUANT TO SUBDIVISION THREE OF SECTION TWO
HUNDRED TWENTY-SEVEN OF THIS CHAPTER, THE COURT OR HEARING OFFICER SHALL
OFFER SUCH PERSON THE OPPORTUNITY TO ENTER INTO AN INSTALLMENT PAYMENT
PLAN AT NO CHARGE FOR THE PAYMENT OF SUCH FINES AND/OR SURCHARGES AND
ANY RELATED FEES. ANY SUCH INSTALLMENT PAYMENT PLAN SHALL BE COMPRISED
OF ALL FINES, FEES AND MANDATORY SURCHARGES AND SHALL CONSIST OF MONTHLY
PAYMENTS THAT DO NOT EXCEED TWO PERCENT OF SUCH PERSON'S MONTHLY NET
INCOME OR TEN DOLLARS PER MONTH, WHICHEVER IS GREATER. FOR THE PURPOSES
OF THIS SUBDIVISION, THE TERM "NET INCOME" SHALL MEAN SUCH PERSON'S
TOTAL INCOME FROM ALL SOURCES AND ASSETS, MINUS DEDUCTIONS REQUIRED BY
LAW INCLUDING BUT NOT LIMITED TO ADMINISTRATIVE OR COURT-ORDERED
GARNISHMENTS AND SUPPORT PAYMENTS. A COURT OR HEARING OFFICER MAY
REQUIRE THE SUBMISSION OF A FINANCIAL DISCLOSURE REPORT, ON A FORM
PRESCRIBED BY THE COMMISSIONER, FROM ALL PERSONS WHO OPT TO ENTER INTO
INSTALLMENT PAYMENT PLANS. A COURT OR HEARING OFFICER ALSO MAY ACCEPT
PAYMENTS HIGHER THAN THE SET AMOUNT, BUT MAY NOT UNDERTAKE ADDITIONAL
COLLECTION ACTIVITY SO LONG AS THE PERSON MEETS HIS OR HER OBLIGATIONS
UNDER THE INSTALLMENT PAYMENT PLAN. A COURT OR HEARING OFFICER MAY
REQUIRE PERSONS ENTERING INSTALLMENT PAYMENT PLANS TO APPEAR PERIOD-
ICALLY BEFORE SUCH COURT OR HEARING OFFICER, BUT NO MORE FREQUENTLY THAN
ANNUALLY, TO ASSESS THEIR FINANCIAL CIRCUMSTANCES, AND MAY SET A NEW
PAYMENT AMOUNT IF SUCH PERSON'S FINANCIAL CIRCUMSTANCES HAVE CHANGED. A
PERSON WHO ENTERS INTO AN INSTALLMENT PAYMENT PLAN AND EXPERIENCES A
REDUCTION IN INCOME MAY PETITION THE COURT OR HEARING OFFICER AT ANY
TIME TO SEEK A REDUCTION IN THE MONTHLY PAYMENT.
(B) THE COURT OR HEARING OFFICER SHALL HAVE THE DISCRETION IN THE
INTERESTS OF JUSTICE TO REDUCE OR WAIVE THE AMOUNT OF ANY FINE, FEE OR
MANDATORY SURCHARGE ASSESSED FOR A VIOLATION OF ANY OF THE PROVISIONS OF
THIS CHAPTER OR ANY LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION MADE
BY LOCAL AUTHORITIES IN RELATION TO TRAFFIC.
(C) A PERSON ASSESSED A FINE, FEE AND/OR MANDATORY SURCHARGE FOLLOWING
A CONVICTION FOR A VIOLATION OF ANY OF THE PROVISIONS OF THIS CHAPTER OR
ANY LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION MADE BY LOCAL
AUTHORITIES IN RELATION TO TRAFFIC, OR THE ENTERING OF AN ORDER PURSUANT
TO SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SEVEN OF THIS CHAP-
TER, SHALL BE NOTIFIED OF THEIR RIGHT TO AN INSTALLMENT PAYMENT PLAN (A)
AT THE TIME THE SUMMONS IS ISSUED; (B) AT THE TIME OF SENTENCING; AND
(C) IN ANY COMMUNICATION CONCERNING IMPOSITION OR COLLECTION OF A FINE,
FEE OR MANDATORY SURCHARGE. INFORMATION ABOUT THE AVAILABILITY OF
S. 5348--B 4
INSTALLMENT PAYMENT PLANS SHALL BE PROMINENTLY POSTED, IN A CLEAR AND
CONSPICUOUS MANNER: AT EACH COURT AND ADMINISTRATIVE TRIBUNAL AND ITS
WEBSITE, IF ANY, AND ON THE COMMISSIONER'S WEBSITE.
§ 4. Paragraph a of subdivision 4 of section 227 of the vehicle and
traffic law, as amended by section 7 of part J of chapter 62 of the laws
of 2003, is amended to read as follows:
a. An order entered upon the failure to answer or appear or after the
receipt of an answer admitting the charge or where a determination is
made that the charge has been established shall be civil in nature, but
shall be treated as a conviction for the purposes of this chapter. The
commissioner or his designee may include in such order an imposition of
any penalty authorized by any provision of this chapter for a conviction
of such violation, except that no penalty therefore shall include impri-
sonment, nor, if monetary, exceed the amount of the fine which could
have been imposed had the charge been heard by a court. [The] IF THE
CHARGE INVOLVES A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS
CHAPTER, THE driver's license or privileges MAY BE SUSPENDED PENDING THE
PAYMENT OF ANY PENALTY SO IMPOSED, or, if the charge involves a
violation of section three hundred eighty-five [or section four hundred
one] of this chapter by a registrant who was not the operator of the
vehicle, the registration of such vehicle or privilege of operation of
any motor vehicle owned by such registrant may be suspended pending the
payment of any penalty so imposed. Any suspension issued pursuant to
this paragraph shall be subject to the provisions of paragraph (j-1) of
subdivision two of section five hundred three of this chapter.
§ 5. Subdivision 4-a of section 510 of the vehicle and traffic law, as
added by section 10 of part J of chapter 62 of the laws of 2003 and
paragraph (c) as amended by chapter 157 of the laws of 2017, is amended
to read as follows:
4-a. Suspension for failure to answer an appearance ticket or to pay a
fine. (a) Upon receipt of a court notification of the failure of a
person to appear within sixty days of the return date or new subsequent
adjourned date, pursuant to an appearance ticket charging said person
with a violation of any [of the provisions of this chapter (except one
for parking, stopping, or standing), of any] violation of the tax law or
of the transportation law regulating traffic [or of any lawful ordinance
or regulation made by a local or public authority, relating to traffic
(except one for parking, stopping, or standing) or the failure to pay a
fine imposed by a court] the commissioner or his or her agent may
suspend the driver's license or privileges of such person pending
receipt of notice from the court that such person has appeared in
response to such appearance ticket or has paid such fine. Such suspen-
sion shall take effect no less than thirty days from the day upon which
notice thereof is sent by the commissioner to the person whose driver's
license or privileges are to be suspended. Any suspension issued pursu-
ant to this paragraph shall be subject to the provisions of paragraph
(j-l) of subdivision two of section five hundred three of this chapter.
(b) The provisions of paragraph (a) of this subdivision shall not
apply to a registrant who was not operating a vehicle, but who was
issued a summons or an appearance ticket for a violation of section
three hundred eighty-five, section four hundred one or section five
hundred eleven-a of this chapter. Upon the receipt of a court notifica-
tion of the failure of such person to appear within sixty days of the
return date or a new subsequent adjourned date, pursuant to an appear-
ance ticket charging said person with such violation, or the failure of
such person to pay a fine imposed by a court, the commissioner or his or
S. 5348--B 5
her agent may suspend the registration of the vehicle or vehicles
involved in such violation or privilege of operation of any motor vehi-
cle owned by the registrant pending receipt of notice from the court
that such person has appeared in response to such appearance ticket or
has paid such fine. Such suspension shall take effect no less than
thirty days from the day upon which notice thereof is sent by the
commissioner to the person whose registration or privilege is to be
suspended. Any suspension issued pursuant to this paragraph shall be
subject to the provisions of paragraph (j-1) of subdivision two of
section five hundred three of this chapter.
(c) Upon receipt of notification from a traffic and parking violations
agency or a traffic violations agency of the failure of a person to
appear within sixty days of the return date or new subsequent adjourned
date, pursuant to an appearance ticket charging said person with a
violation of:
(i) [any of the provisions of this chapter except one for parking,
stopping or standing and except those violations described in paragraphs
(a), (b), (d), (e) and (f) of subdivision two and in paragraphs (a),
(b), (d), (e), (f) and (g) of subdivision two-a and in paragraphs (a),
(b), (d), (e), (f) and (g) of subdivision two-b of section three hundred
seventy-one of the general municipal law;
(ii)] section five hundred two or subdivision (a) of section eighteen
hundred fifteen of the tax law; OR
[(iii)] (II) section fourteen-f (except paragraph (b) of subdivision
four of section fourteen-f), two hundred eleven or two hundred twelve of
the transportation law[; or
(iv) any lawful ordinance or regulation made by a local or public
authority relating to traffic (except one for parking, stopping or
standing) or the failure to pay a fine imposed for such a violation by a
traffic and parking violations agency or a traffic violations agency],
the commissioner or his or her agent may suspend the driver's license or
privileges of such person pending receipt of notice from the agency that
such person has appeared in response to such appearance ticket or has
paid such fine. Such suspension shall take effect no less than thirty
days from the day upon which notice thereof is sent by the commissioner
to the person whose driver's license or privileges are to be suspended.
Any suspension issued pursuant to this paragraph shall be subject to the
provisions of paragraph (j-1) of subdivision two of section five hundred
three of this chapter.
§ 6. Subdivision 3 of section 514 of the vehicle and traffic law, as
amended by section 11 of part J of chapter 62 of the laws of 2003 and
paragraph (b) as amended by chapter 157 of the laws of 2017, is amended
to read as follows:
3. (a) Upon the failure of a person to appear or answer, within sixty
days of the return date or any subsequent adjourned date, or the failure
to pay a fine imposed by a court, pursuant to a summons charging him or
her with a violation of any of the provisions of this chapter (except
one for parking, stopping or standing), section five hundred two or five
hundred twelve of the tax law, section fourteen-f, two hundred eleven or
two hundred twelve of the transportation law or of any law, ordinance,
rule or regulation made by a local authority, relating to traffic
(except for parking, stopping or standing), the trial court or the clerk
thereof shall within ten days certify that fact to the commissioner, in
the manner and form prescribed by the commissioner, who shall record the
same in his or her office. Thereafter and upon the appearance of any
such person in response to such summons or the receipt of the fine by
S. 5348--B 6
the court, the trial court or the clerk thereof shall forthwith certify
that fact to the commissioner, in the manner and form prescribed by the
commissioner[; provided, however, no such certification shall be made
unless the court has collected the termination of suspension fee
required to be paid pursuant to paragraph (j-1) of subdivision two of
section five hundred three of this chapter].
(b) Upon the failure of a person to appear or answer, within sixty
days of the return date or any subsequent adjourned date, or the failure
to pay a fine imposed by a traffic and parking violations agency or a
traffic violations agency pursuant to a summons charging him or her with
a violation of:
(1) any of the provisions of this chapter except one for parking,
stopping or standing and except those violations described in paragraphs
(a), (b), (d), (e) and (f) of subdivision two and in paragraphs (a),
(b), (d), (e), (f) and (g) of subdivision two-a and in paragraphs (a),
(b), (d), (e), (f) and (g) of subdivision two-b of section three hundred
seventy-one of the general municipal law;
(2) section five hundred two or subdivision (a) of section eighteen
hundred fifteen of the tax law;
(3) section fourteen-f (except paragraph (b) of subdivision four of
section fourteen-f), two hundred eleven or two hundred twelve of the
transportation law; or
(4) any lawful ordinance or regulation made by a local or public
authority relating to traffic (except one for parking, stopping or
standing);
the clerk thereof shall within ten days certify that fact to the commis-
sioner, in the manner and form prescribed by the commissioner, who shall
record the same in his or her office. Thereafter and upon the appearance
of any such person in response to such summons or the receipt of the
fine by the agency, the traffic and parking violations agency, the traf-
fic violations agency or the clerk thereof shall forthwith certify that
fact to the commissioner, in the manner and form prescribed by the
commissioner[; provided, however, no such certification shall be made
unless the traffic and parking violations agency or the traffic
violations agency has collected the termination of suspension fee
required to be paid pursuant to paragraph (j-1) of subdivision two of
section five hundred three of this chapter].
§ 7. Termination of suspension for failure to appear, answer or pay a
fine. a. Within three months of the effective date of this section, the
commissioner of motor vehicles shall terminate all suspensions of
licenses, privileges to operate a motor vehicle and registrations based
upon a failure to appear, answer, or pay a fine, penalty or mandatory
surcharge pursuant to subdivision 3 of section 226, subdivision 4 of
section 227, or subdivision 4-a of section 510 of the vehicle and traf-
fic law, in effect prior to the effective date of this section. The
commissioner of motor vehicles shall waive all fees and fines associated
with the termination of such suspension, including but not limited to
those described in subparagraph (i) of paragraph (j-1) of subdivision 2
of section 503, subdivision 3 of section 514 and paragraph a of subdivi-
sion 4 of section 227 of the vehicle and traffic law, as in existence
prior to the effective date of this section. Provided, however, that the
provisions of this section shall not apply to suspensions imposed pursu-
ant to such sections involving violations of section 385 of the vehicle
and traffic law, or any violation of the tax law or of the transporta-
tion law regulating traffic.
S. 5348--B 7
b. Upon termination of suspensions pursuant to this section, the
commissioner of motor vehicles shall give the person whose license
and/or registration suspension is terminated pursuant to this section a
written notification by first class mail to the address of such person
on file with the department of motor vehicles or at the current address
provided by the United States postal service. Such notice shall inform
such person of the termination of the suspension of their license and/or
registration, the date of such termination, that continued failure to
answer the violation for which the suspension for failure to answer was
originally imposed may subject such person to the entry of a guilty plea
on their behalf and the rendering of a default judgment of a fine as
well as additional enforcement actions including garnishment of wages
and personal property, restraining of bank accounts, and the placing of
liens on real property, and that unpaid fines can be entered as a civil
judgment for enforcement. Such notice also shall provide instructions on
how such person can avoid the imposition of such additional plea,
default, and enforcement actions.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law provided, however, sections two and seven of this act
shall take effect the first of April next succeeding the date upon which
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
