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S3302Senate2017-2018 SessionSame asA6377

Suspend Plates for Suspended Licenses

Official title

“Provides for the surrender of the numbers plates of vehicles owned by a person whose license is suspended in cities having a population of one million or more”

Sponsor Michael GianarisSD-12+7 co-sponsorsAffects Transportation
Status
In Senate Committee
Transportation
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill requires people whose driver’s licenses are suspended or revoked in New York City to surrender all their vehicle license plates and suspend related vehicle registrations, with some exceptions for family hardship.

Why it matters

  1. Significantly raises the consequences for dangerous or repeated driving offenses. by adding the loss of vehicle registrations and plates—making it harder for offenders to keep driving illegally after a license suspension or revocation in NYC.

  2. Aims to close loopholes that allow suspended drivers to keep vehicles on the road. , including forbidding new vehicle registrations in the offender’s name or attempts to reregister vehicles under another name when it’s clear the intent is to evade the law.

  3. Introduces a family hardship exception. If losing the vehicle would severely impact a spouse or immediate family member (including domestic partners and children) who shares the vehicle but hasn’t lost their own license, they can apply for a waiver with proof of joint use.

  4. Strengthens enforcement and communication. by requiring timely notification to affected individuals, clear explanation of penalties for noncompliance, and establishes fines or jail time for failing to surrender plates—providing a stronger deterrent and clearer process.

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Who cares

Headline styles

Suspend Plates for Suspended Licenses

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Referred to transportation
  2. Referred to transportation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A6377Assembly

Take Plates from Suspended Drivers

In Assembly Committee · Transportation · Sponsor Aravella Simotas

Impact 7 · Significant0% to pass

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3302

2017-2018 Regular Sessions

IN SENATE

January 20, 2017

Introduced by Sens. GIANARIS, ADDABBO, AVELLA, BRESLIN, HOYLMAN, KRUEG- ER, LATIMER, PARKER, STAVISKY -- 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 the surrender of number plates of all motor vehicles which a person has registered where such person has a suspended or revoked license arising out of the operation of a motor vehicle within a city having a population of one million or more

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The vehicle and traffic law is amended by adding a new section 403-c to read as follows:

§ 403-c. Surrender of registration and number plates. 1. (a) Any person who has had their license suspended or revoked pursuant to section five hundred ten or five hundred ten-a of this chapter, for conduct relating to the operation of a motor vehicle within a city having a population of one million or more, shall surrender to the department the number plates of all motor vehicles which such person has registered pursuant to this article, and shall have any motor vehicle registrations which belong to such person suspended. Such surrender of number plates and vehicle suspension or suspensions shall remain in effect as long as the suspension or revocation of such driver's license.

(b) When a license is suspended or revoked pursuant to any subdivision of section five hundred ten or five hundred ten-a of this chapter, which requires conviction of multiple offenses, infractions or violations, the provisions of this section shall only apply if the final such offense, infraction or violation occurs within a city having a population of one million or more.

2. All motor vehicles registered to such person shall not be registered or reregistered in the name of such person, or in any other name where the commissioner has reasonable grounds to believe that such

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08750-01-7

S. 3302 2

registration or reregistration will have the effect of defeating the purposes of this section, and no other motor vehicle shall be registered in the name of such person during the period of such suspension.

3. Except as provided in subdivision five of section four hundred twenty-eight of this title, refunds of fees assessed pursuant to this article and article fourteen-A of this title shall not be provided when suspension is mandated pursuant to subdivision one of this section.

4. The commissioner shall determine that an offense, infraction or violation occurred within a city having a population of one million or more, if the accusatory instrument therefor, as defined in subdivision one of section 1.20 of the criminal procedure law, was completed by a police officer of the police department of any such city.

5. a. The commissioner or his or her duly authorized agent shall notify each person whose license has been suspended or revoked of his or her obligation to surrender the number plates of any motor vehicles which such person has registered pursuant to this article, and of the suspension of any vehicle registrations in his or her name.

b. Such notice shall include the name and address of the person whose license has been suspended or revoked, the vehicle registration number or numbers which are suspended, the number plates of the vehicle or vehicles which must be surrendered, the infraction, infractions, offense and/or offenses for which the registration is suspended and number plates must be surrendered, and the dates and times of the convictions for such infractions and/or offenses.

c. The notice shall also contain a warning advising the person of the consequences of failure to surrender number plates.

d. The notice required by this subdivision shall be provided by first class mail to the registrant of the motor vehicle within thirty days of the license suspension or revocation.

e. Such person shall surrender any number plates for any vehicle for which the person is the registrant within fourteen days of receiving notice from the department. Failure to surrender number plates upon notice shall constitute an infraction, punishable upon conviction by a fine not less than one hundred fifty dollars nor more than five hundred dollars or imprisonment for not more than fifteen days or both such fine and imprisonment.

6. A waiver of the provisions of subdivisions one and two of this section shall be available for motor vehicles which are jointly used by spouses or other immediate family members if the implementation of such subdivision would result in an extreme hardship for the spouse or family member whose license has not been suspended or revoked. To be eligible for an extreme hardship exception, a duly licensed spouse or immediate family member must furnish proof acceptable to the commissioner or his or her duly authorized agent that he or she jointly uses a motor vehicle whose registration and number plates would otherwise be subject to suspension or surrender pursuant to subdivision one or two of this section. Acceptable proof shall include without limitation the spouse or immediate family member being named in a policy of liability insurance for the motor vehicle pursuant to article seven of this chapter before the date of conviction, and any additional factors that the commissioner or his or her duly authorized agent deems necessary to establish joint use. The commissioner or his or her duly authorized agent shall determine whether an individual qualifies as an immediate family member, provided that such definition of immediate family members shall include without limitation domestic partners as defined in section four of the workers' compensation law and any children of the registrant.

S. 3302 3

§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law, in relation to the surrender of number plates of all motor vehicles which a person has registered where such person has a suspended or revoked license arising out of the operation of a motor vehicle within a city having a population of one million or more

Summary of specific provisions

Section one amends the vehicle and traffic law by adding a new section 403-c. The section would require any person who has had their license suspended or revoked pursuant to the vehicle and traffic law for an incident that occurred in a city of more than one million residents to surrender the certificates of registration and number plates of registered motor vehicles to the department of motor vehicles. Additionally, the Department of Motor Vehicles will provide notice to those who must return such plates and registrations, and provides a penalty for noncompliance. Last, there is an exception to this requirement for vehicles shared by members of the affected person's family when the return of such plates and registrations would result in undue hardship.

Justification

Recently, more attention has been paid to the fact that drivers with suspended licenses in New York State are still getting behind the wheel - and killing people. Ten percent of all crashes in New York are caused by drivers with suspended or revoked licenses, and 75 percent of those drivers still get behind the wheel.

Often these drivers are suspended for reckless, dangerous, or drunken driving and are a menace to not only pedestrians like Noshat Nahian, the eight year old third grader at PS 152 who lost his life when he was hit by a tractor trailer while crossing Northern Boulevard at 61st Street, but also to other drivers on the road. Licenses are suspended for a reason and suspending these license plates would keep dangerous drivers off the road.

Prior legislative history

2016: Died in Transportation 2015: Senate Bill 2539 (Gianaris) Reported by Senate Transportation Committee, Referred to Senate Codes Committee. 2014: Senate Bill 6385 (Gianaris) - Died in Senate Transportation Committee

Fiscal implications for state and local governments

None.

Effective date

This act should take effect on the one hundred eightieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.