S T A T E O F N E W Y O R K
________________________________________________________________________
7874
2021-2022 Regular Sessions
I N A S S E M B L Y
May 28, 2021
___________
Introduced by M. of A. HUNTER -- read once and referred to the Committee
on Transportation
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. Paragraph (a) of subdivision 3 of section 226 of the vehi-
cle and traffic law, as amended by section 6 of part J of chapter 62 of
the laws of 2003, is amended to read as follows:
(a) If the person charged with the violation shall fail to answer the
summons as provided herein, 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
operator of the vehicle, the registration of such vehicle or the privi-
lege 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, OR HAS PAID OR ENTERED INTO AN INSTALLMENT PAYMENT PLAN
TO PAY THE FINE ASSOCIATED WITH A CONVICTION ENTERED AS A RESULT OF THE
FAILURE TO APPEAR IN RESPONSE TO SUCH SUMMONS, OR THE DEFENDANT HAS BEEN
ACQUITTED OF THE CHARGE THAT LED TO THE SUSPENSION OR SUCH CHARGE WAS
OTHERWISE DISMISSED. If a person shall fail to appear at a hearing,
when such is provided for pursuant to this section, such person's
license, or registration or privilege of operating or of operation, as
appropriate, may be suspended pending appearance at a subsequent hear-
ing, or the disposition of the charges involved. Any suspension permit-
ted by this subdivision, if already in effect, may be terminated or if
not yet in effect, may be withdrawn or withheld, prior to the disposi-
tion of the charges involved if such person shall appear and post secu-
rity in the amount of forty dollars to guarantee his or her appearance
at any required hearing. The security posted pursuant to this subdivi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11650-04-1
A. 7874 2
sion shall be returned upon appearance at the scheduled hearing or an
adjourned hearing which results in a final disposition of the charge,
and otherwise 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 suspen-
sion 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.
§ 2. Paragraph (a) of subdivision 3 of section 226 of the vehicle and
traffic law, as amended by chapter 76 of the laws of 2021, is amended to
read as follows:
(a) If the person charged with the violation shall fail to answer the
summons as provided herein, 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
operator of the vehicle, the registration of such vehicle or the privi-
lege 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, or has paid OR HAS ENTERED INTO AN INSTALLMENT PAYMENT
PLAN TO PAY the fine associated with a conviction entered as a result of
the failure to appear in response to such summons, or the defendant has
been acquitted of the charge that led to the suspension or such charge
was otherwise dismissed. If a person shall fail to appear at a hearing,
when such is provided for pursuant to this section, such person's
license, or registration or privilege of operating or of operation, as
appropriate, may be suspended pending appearance at a subsequent hear-
ing, or the disposition of the charges involved. Any suspension permit-
ted by this subdivision, if already in effect, may be terminated or if
not yet in effect, may be withdrawn or withheld, prior to the disposi-
tion of the charges involved if such person shall appear and post secu-
rity in the amount of forty dollars to guarantee his or her appearance
at any required hearing. The security posted pursuant to this subdivi-
sion shall be returned upon appearance at the scheduled hearing or an
adjourned hearing which results in a final disposition of the charge,
and otherwise 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 suspen-
sion 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.
§ 3. Paragraph (a) and the closing paragraph of paragraph (b) of
subdivision 3 of section 514 of the vehicle and traffic law, as amended
by chapter 382 of the laws of 2020, are amended to read as follows:
(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
A. 7874 3
(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
the court OR SUCH PERSON'S ENTRY INTO AN INSTALLMENT PAYMENT PLAN, the
trial court or the clerk thereof shall forthwith certify that fact to
the commissioner, in the manner and form prescribed by the commissioner.
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 the agency OR SUCH PERSON'S ENTRY INTO AN INSTALLMENT
PAYMENT PLAN, the traffic and parking violations agency, the traffic
violations agency or the clerk thereof shall forthwith certify that fact
to the commissioner, in the manner and form prescribed by the commis-
sioner.
§ 4. Paragraph (a) and subparagraph (iv) of paragraph (c) of subdivi-
sion 4-a of section 510 of the vehicle and traffic law, as amended by
chapter 76 of the laws of 2021, are amended to read as follows:
(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 park-
ing, 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) 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 OR HAS
ENTERED INTO AN INSTALLMENT PAYMENT PLAN TO PAY the fine associated with
a conviction entered as a result of the failure to appear in response to
such appearance ticket, or the defendant has been acquitted of the
charge that led to the suspension or such charge was otherwise
dismissed. Such suspension shall take effect no less than thirty days
from the day upon which an initial notice thereof is sent by the commis-
sioner to the person whose driver's license or privileges are to be
suspended, provided that the commissioner shall send such person at
least two notices thereof, including such initial notice, at least
fifteen days apart during such period. Any suspension issued pursuant to
this paragraph shall be subject to the provisions of paragraph (j-l) of
subdivision two of section five hundred three of this chapter.
(iv) any lawful ordinance or regulation made by a local or public
authority relating to traffic (except one for parking, stopping or
standing), 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 OR HAS ENTERED INTO AN INSTALLMENT PAYMENT PLAN TO
PAY the fine associated with a conviction entered as a result of the
failure to appear in response to such appearance ticket, or the defend-
ant has been acquitted of the charge that led to the suspension or such
charge was otherwise dismissed. Such suspension shall take effect no
less than thirty days from the day upon which an initial notice thereof
is sent by the commissioner to the person whose driver's license or
privileges are to be suspended, provided that the commissioner shall
A. 7874 4
send such person at least two notices thereof, including such initial
notice, at least fifteen days apart during such period. 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. Paragraph (a) of subdivision 2 of section 1802 of the vehicle and
traffic law, as amended by chapter 76 of the laws of 2021, is amended to
read as follows:
(a) Whenever fines, FEES, 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 whenever an order is
entered pursuant to subdivision three of section two hundred twenty-sev-
en of this chapter, [the court or hearing officer shall offer such
person the opportunity to enter into an installment payment plan] SUCH
FINES, FEES, AND/OR SURCHARGES MAY BE PAID IN INSTALLMENTS at no charge
[for the payment of such fines and/or surcharges and any related fees
including but not limited to those described in subparagraph (i) of
paragraph (j-1) of subdivision two of section five hundred three, subdi-
vision three of section five hundred fourteen and paragraph a of subdi-
vision four of section two hundred twenty-seven of this chapter] TO THE
NATURAL PERSON. COURTS, TRAFFIC VIOLATIONS AGENCIES, TRAFFIC AND PARK-
ING VIOLATIONS AGENCIES, AND THE COMMISSIONER OR HIS OR HER AGENT SHALL
OFFER SUCH PERSONS THE OPPORTUNITY TO ENTER INTO A PAYMENT PLAN AT ANY
TIME, INCLUDING AFTER A CONVICTION ENTERED AS A RESULT OF THE FAILURE TO
APPEAR IN RESPONSE TO A SUMMONS OR APPEARANCE TICKET. Any such install-
ment payment plan shall be comprised of all fines, fees and mandatory
surcharges, INCLUDING BUT NOT LIMITED TO THOSE DESCRIBED IN SUBPARAGRAPH
(I) OF PARAGRAPH (J-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE,
SUBDIVISION THREE OF SECTION FIVE HUNDRED FOURTEEN AND PARAGRAPH A OF
SUBDIVISION FOUR OF SECTION TWO HUNDRED TWENTY-SEVEN OF THIS CHAPTER,
and shall consist of monthly payments that do not exceed two percent of
such person's monthly net income or twenty-five 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 payment obligations under the installment payment plan.
A court or hearing officer may undertake additional collection activity,
but no sooner than ninety days after a person fails to meet their
payment obligation under the installment payment plan; THE COMMISSIONER
SHALL NOT SUSPEND SUCH PERSON'S DRIVER'S LICENSE OR PRIVILEGES FOR FAIL-
URE TO MEET THEIR PAYMENT OBLIGATION UNDER THE INSTALLMENT PAYMENT PLAN.
A court or hearing officer may require persons entering installment
payment plans to appear periodically before such court or hearing offi-
cer, but no more frequently than TWICE annually[, to assess their finan-
cial 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 peti-
tion the court or hearing officer no more than two times in a calendar
year to seek a reduction in the monthly payment; provided, however, in
A. 7874 5
the interests of justice, the court or hearing officer may accept a
reduction request from such person at any time.
§ 6. This act shall take effect immediately, provided, however that
section two of this act shall take effect on the same date and in the
same manner as section 1 of chapter 76 of the laws of 2021 and section
five of this act shall take effect on the same date and in the same
manner as section 3 of chapter 76 of the laws of 2021.