Relates to veteran suspended licenses

3 Co-sponsors

• Simcha Felder
• Patrick M. Gallivan
• William J. Larkin Jr.

Title of bill

An act to amend the vehicle and traffic law, in relation to veteran suspended licenses

Purpose

This bill would provide a sixty day stay of suspension and revocation of licenses and registrations of military service personnel while on active duty, and would additionally reverse in absentia convictions of vehicle and traffic violations of such military service personnel while on active duty, without prejudice for re-filing.

Summary of provisions

Specifically, this bill would amend section 503 of the vehicle and traffic law to:

1. Provide a sixty day stay of suspension and revocation of licenses and registrations of military service personnel (including Army, Navy, Air Force, Marines, Coast Guard, Army Reserve, Naval Reserve, Marine Reserve, Air Force Reserve, National Guard, New York Army National Guard, New York Air National Guard, New York Guard or Naval Militia) while on active duty;

2. Provide for the reversal and vacating of in absentia convictions of vehicle and traffic violations of such military personnel while on active duty, without prejudice for re-filing after sixty days; and

3. Provide for the reversal and vacating of in absentia convictions of administrative violations (as observed by red light cameras and for speed monitoring devices) of such military service personnel while on active duty, without prejudice for re-filing after sixty days.

Justification

Presently, pursuant to the Service Members Civil Relief Act, military personnel called to active duty cannot be convicted or found liable in court proceedings, during the course of their active duty. Some jurisdictions have argued, however, that in order for these protections to apply, with respect to vehicle and traffic matters, that these military service members must notify the Commissioner of Motor Vehicles, prior to their deployment, to avoid such suspension, revocations or convictions. This bill would clarify this requirement, to provide that when such military service member has been called to active duty, and upon return learns that such a suspension, revocation or conviction has occurred, that such will be vacated and reversed, for not less than sixty days.

The basis for the Service Members Civil Relief Act, is that a service member called to active duty outside the state cannot avail themselves of their rights to defend actions brought against them during the pendency of their active duty service. Accordingly, this bill would extend the basis of such guarantees, deserved and earned by veterans concerning vehicle and traffic matters. It would allow returning veterans to have not less than sixty days upon their return home from active duty military service to address the reasons for the suspension, revocation or conviction.

Legislative history

New bill

Fiscal implications

None noted

Effective date

This bill would take effect on the first day of November after it shall become a law.