Legislation
SECTION 516
Driver license compact
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 5, ARTICLE 20
§ 516. Driver license compact. 1. The driver license compact is hereby
enacted into law and entered into with all other jurisdictions joining
therein in the form substantially as follows:
DRIVER LICENSE COMPACT
ARTICLE I
FINDINGS AND DECLARATION OF POLICY
(a) The party states find that:
(1) The safety of their streets and highways is materially affected by
the degree of compliance with state and local laws and ordinances
relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator
engages in conduct which is likely to endanger the safety of persons and
property.
(3) The continuance in force of a license to drive is predicated upon
compliance with laws and ordinances relating to the operation of motor
vehicles, in whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, and administrative
rules and regulations relating to the operation of motor vehicles by
their operators in each of the jurisdictions where such operators drive
motor vehicles.
(2) Make the reciprocal recognition of licenses to drive and
eligibility therefor more just and equitable by considering the overall
compliance with motor vehicle laws, ordinances and administrative rules
and regulations as a condition precedent to the continuance or issuance
of any license by reason of which the licensee is authorized or
permitted to operate a motor vehicle in any of the party states.
ARTICLE II
DEFINITIONS
As used in this compact:
(a) "State" means a state, territory or possession of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or a
province of Canada.
(b) "Home state" means the state which has issued and has the power to
suspend or revoke the use of the license or permit to operate a motor
vehicle.
(c) "Conviction" means a conviction of any offense related to the use
or operation of a motor vehicle which is prohibited by state law,
municipal ordinance or administrative rule or regulation, or a
forfeiture of bail, bond or other security deposited to secure
appearance by a person charged with having committed any such offense,
and which conviction or forfeiture is required to be reported to the
licensing authority.
ARTICLE III
REPORTS OF CONVICTION
The licensing authority of a party state shall report each conviction
of a person from another party state occurring within its jurisdiction
to the licensing authority of the home state of the licensee. Such
report shall clearly identify the person convicted; describe the
violation specifying the section of the statute, code or ordinance
violated; identify the court in which action was taken; indicate whether
a plea of guilty or not guilty was entered, or the conviction was a
result of the forfeiture of bail, bond or other security; and shall
include any special findings made in connection therewith.
ARTICLE IV
EFFECT OF CONVICTION
(a) The licensing authority in the home state, for the purposes of
suspension, revocation or limitation of the license to operate a motor
vehicle, shall give the same effect to the conduct reported, pursuant to
article III of this compact, as it would if such conduct had occurred in
the home state, in the case of convictions for:
(1) Manslaughter or negligent homicide resulting from the operation of
a motor vehicle;
(2) Driving a motor vehicle while under the influence of intoxicating
liquor or a narcotic drug, or under the influence of any other drug to a
degree which renders the driver incapable of safely driving a motor
vehicle;
(3) Any felony in the commission of which a motor vehicle is used;
(4) Failure to stop and render aid in the event of a motor vehicle
accident resulting in the death or personal injury of another.
(b) If the laws of a party state do not provide for offenses or
violations denominated or described in precisely the words employed in
subdivision (a) of this article, such party state shall construe the
denominations and descriptions appearing in subdivision (a) hereof as
being applicable to and identifying those offenses or violations of a
substantially similar nature and the laws of such party state shall
contain such provisions as may be necessary to ensure that full force
and effect is given to this article.
ARTICLE V
APPLICATIONS FOR NEW LICENSES
Upon application for a license to drive, the licensing authority in a
party state shall ascertain whether the applicant has ever held, or is
the holder of a license to drive issued by any other party state. The
licensing authority in the state where application is made shall not
issue a license to drive to the applicant if:
(1) The applicant has held such a license, but the same has been
suspended by reason, in whole or in part, of a violation and if such
suspension period has not terminated.
(2) The applicant has held such a license, but the same has been
revoked by reason, in whole or in part, of a violation and if such
revocation has not terminated, except that after the expiration of one
year from the date the license was revoked, such person may make
application for a new license if permitted by law. The licensing
authority may refuse to issue a license to any such applicant if, after
investigation, the licensing authority determines that it will not be
safe to grant to such person the privilege of driving a motor vehicle on
the public highways.
(3) The applicant is the holder of a license to drive issued by
another party state and currently in force unless the applicant
surrenders such license.
ARTICLE VI
APPLICABILITY OF OTHER LAWS
Except as expressly required by provisions of this compact, nothing
contained herein shall be construed to affect the right of any party
state to apply any of its other laws relating to licenses to drive to
any person or circumstance, nor to invalidate or prevent any driver
license agreement or other cooperative arrangement between a party state
and a non-party state.
ARTICLE VII
COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION
(a) The head of the licensing authority of each party state shall be
the administrator of this compact for his state. The administrators,
acting jointly, shall have the power to formulate all necessary and
proper procedures for the exchange of information under this compact.
(b) The administrator of each party state shall furnish to the
administrator of each other party state any information or documents
reasonably necessary to facilitate the administration of this compact.
ARTICLE VIII
ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force and become effective as to any
state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect
until six months after the executive head of the withdrawing state has
given notice of the withdrawal to the executive heads of all other party
states. No withdrawal shall affect the validity or applicability by the
licensing authorities of states remaining party to the compact of any
report of conviction occurring prior to the withdrawal.
ARTICLE IX
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and
if any phrase, clause, sentence or provision of this compact is declared
to be contrary to the constitution of any party state or of the United
States or the applicability thereof of any government, agency, person or
circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency, person
or circumstance shall not be affected thereby. If this compact shall be
held contrary to the constitution of any state party thereto, the
compact shall remain in full force and effect as to the remaining states
and in full force and effect as to the state affected as to all
severable matters.
(1) As used in the compact, the term "licensing authority" with
reference to this state shall mean the department of motor vehicles.
Said department shall furnish to the appropriate authorities of any
other party state any information or documents reasonably necessary to
facilitate the administration of the compact.
(2) The compact administrator provided for in article seven of the
compact shall not be entitled to any additional compensation on account
of his service as such administrator, but shall be entitled to expenses
incurred in connection with his duties and responsibilities as such
administrator, in the same manner as for expenses incurred in connection
with any other duties or responsibilities of his office or employment.
(3) As used in the compact, with reference to this state, the term
"executive head" shall mean the governor.
(4) The conduct to which effect shall be given pursuant to article
four-a of the compact shall be conduct which, if it had occurred in this
state, would have constituted an offense or violation within the meaning
of subparagraphs (i) and (iii) of paragraph (a) of subdivision two,
paragraph (f) of subdivision three of section five hundred ten and
subparagraph seven of paragraph (b) of subdivision two of section eleven
hundred ninety-three of the vehicle and traffic law.
(5) In any case where the application of subdivision five of section
five hundred ten of the vehicle and traffic law would require or
authorize a result different from that required by article five of the
compact, said article five shall govern.
enacted into law and entered into with all other jurisdictions joining
therein in the form substantially as follows:
DRIVER LICENSE COMPACT
ARTICLE I
FINDINGS AND DECLARATION OF POLICY
(a) The party states find that:
(1) The safety of their streets and highways is materially affected by
the degree of compliance with state and local laws and ordinances
relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator
engages in conduct which is likely to endanger the safety of persons and
property.
(3) The continuance in force of a license to drive is predicated upon
compliance with laws and ordinances relating to the operation of motor
vehicles, in whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, and administrative
rules and regulations relating to the operation of motor vehicles by
their operators in each of the jurisdictions where such operators drive
motor vehicles.
(2) Make the reciprocal recognition of licenses to drive and
eligibility therefor more just and equitable by considering the overall
compliance with motor vehicle laws, ordinances and administrative rules
and regulations as a condition precedent to the continuance or issuance
of any license by reason of which the licensee is authorized or
permitted to operate a motor vehicle in any of the party states.
ARTICLE II
DEFINITIONS
As used in this compact:
(a) "State" means a state, territory or possession of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or a
province of Canada.
(b) "Home state" means the state which has issued and has the power to
suspend or revoke the use of the license or permit to operate a motor
vehicle.
(c) "Conviction" means a conviction of any offense related to the use
or operation of a motor vehicle which is prohibited by state law,
municipal ordinance or administrative rule or regulation, or a
forfeiture of bail, bond or other security deposited to secure
appearance by a person charged with having committed any such offense,
and which conviction or forfeiture is required to be reported to the
licensing authority.
ARTICLE III
REPORTS OF CONVICTION
The licensing authority of a party state shall report each conviction
of a person from another party state occurring within its jurisdiction
to the licensing authority of the home state of the licensee. Such
report shall clearly identify the person convicted; describe the
violation specifying the section of the statute, code or ordinance
violated; identify the court in which action was taken; indicate whether
a plea of guilty or not guilty was entered, or the conviction was a
result of the forfeiture of bail, bond or other security; and shall
include any special findings made in connection therewith.
ARTICLE IV
EFFECT OF CONVICTION
(a) The licensing authority in the home state, for the purposes of
suspension, revocation or limitation of the license to operate a motor
vehicle, shall give the same effect to the conduct reported, pursuant to
article III of this compact, as it would if such conduct had occurred in
the home state, in the case of convictions for:
(1) Manslaughter or negligent homicide resulting from the operation of
a motor vehicle;
(2) Driving a motor vehicle while under the influence of intoxicating
liquor or a narcotic drug, or under the influence of any other drug to a
degree which renders the driver incapable of safely driving a motor
vehicle;
(3) Any felony in the commission of which a motor vehicle is used;
(4) Failure to stop and render aid in the event of a motor vehicle
accident resulting in the death or personal injury of another.
(b) If the laws of a party state do not provide for offenses or
violations denominated or described in precisely the words employed in
subdivision (a) of this article, such party state shall construe the
denominations and descriptions appearing in subdivision (a) hereof as
being applicable to and identifying those offenses or violations of a
substantially similar nature and the laws of such party state shall
contain such provisions as may be necessary to ensure that full force
and effect is given to this article.
ARTICLE V
APPLICATIONS FOR NEW LICENSES
Upon application for a license to drive, the licensing authority in a
party state shall ascertain whether the applicant has ever held, or is
the holder of a license to drive issued by any other party state. The
licensing authority in the state where application is made shall not
issue a license to drive to the applicant if:
(1) The applicant has held such a license, but the same has been
suspended by reason, in whole or in part, of a violation and if such
suspension period has not terminated.
(2) The applicant has held such a license, but the same has been
revoked by reason, in whole or in part, of a violation and if such
revocation has not terminated, except that after the expiration of one
year from the date the license was revoked, such person may make
application for a new license if permitted by law. The licensing
authority may refuse to issue a license to any such applicant if, after
investigation, the licensing authority determines that it will not be
safe to grant to such person the privilege of driving a motor vehicle on
the public highways.
(3) The applicant is the holder of a license to drive issued by
another party state and currently in force unless the applicant
surrenders such license.
ARTICLE VI
APPLICABILITY OF OTHER LAWS
Except as expressly required by provisions of this compact, nothing
contained herein shall be construed to affect the right of any party
state to apply any of its other laws relating to licenses to drive to
any person or circumstance, nor to invalidate or prevent any driver
license agreement or other cooperative arrangement between a party state
and a non-party state.
ARTICLE VII
COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION
(a) The head of the licensing authority of each party state shall be
the administrator of this compact for his state. The administrators,
acting jointly, shall have the power to formulate all necessary and
proper procedures for the exchange of information under this compact.
(b) The administrator of each party state shall furnish to the
administrator of each other party state any information or documents
reasonably necessary to facilitate the administration of this compact.
ARTICLE VIII
ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force and become effective as to any
state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect
until six months after the executive head of the withdrawing state has
given notice of the withdrawal to the executive heads of all other party
states. No withdrawal shall affect the validity or applicability by the
licensing authorities of states remaining party to the compact of any
report of conviction occurring prior to the withdrawal.
ARTICLE IX
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and
if any phrase, clause, sentence or provision of this compact is declared
to be contrary to the constitution of any party state or of the United
States or the applicability thereof of any government, agency, person or
circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency, person
or circumstance shall not be affected thereby. If this compact shall be
held contrary to the constitution of any state party thereto, the
compact shall remain in full force and effect as to the remaining states
and in full force and effect as to the state affected as to all
severable matters.
(1) As used in the compact, the term "licensing authority" with
reference to this state shall mean the department of motor vehicles.
Said department shall furnish to the appropriate authorities of any
other party state any information or documents reasonably necessary to
facilitate the administration of the compact.
(2) The compact administrator provided for in article seven of the
compact shall not be entitled to any additional compensation on account
of his service as such administrator, but shall be entitled to expenses
incurred in connection with his duties and responsibilities as such
administrator, in the same manner as for expenses incurred in connection
with any other duties or responsibilities of his office or employment.
(3) As used in the compact, with reference to this state, the term
"executive head" shall mean the governor.
(4) The conduct to which effect shall be given pursuant to article
four-a of the compact shall be conduct which, if it had occurred in this
state, would have constituted an offense or violation within the meaning
of subparagraphs (i) and (iii) of paragraph (a) of subdivision two,
paragraph (f) of subdivision three of section five hundred ten and
subparagraph seven of paragraph (b) of subdivision two of section eleven
hundred ninety-three of the vehicle and traffic law.
(5) In any case where the application of subdivision five of section
five hundred ten of the vehicle and traffic law would require or
authorize a result different from that required by article five of the
compact, said article five shall govern.