What's happening
This bill allows individuals convicted of aggravated unlicensed operation of a motor vehicle to pay judgments in installments, preventing license suspension if payments are current.
Why it matters
Reduces the risk of losing driving privileges for individuals who can't pay large judgments at once. , allowing them to continue working and meeting daily needs if they stay current on installment payments.
Shifts focus from punitive license suspension to financial accountability. , giving people a chance to responsibly manage debts without harsher consequences that could spiral into job loss or deeper financial hardship.
Empowers courts and creditors with discretion and safeguards. , letting judges set installment terms and allowing creditors to consent to continued licensure even in case of default, which could encourage settlements and flexibility.
Adds a new legal pathway for those convicted of aggravated unlicensed operation. to demonstrate financial responsibility and avoid repeated cycles of license suspension and reinstatement fees, potentially reducing court and DMV workloads.
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Who cares
Drivers owing judgments under the aggravated unlicensed operation law
The bill would protect or restore their licenses and registrations if they obtain court-approved installment plans, provide proof of future financial responsibility and stay current on payments.
Courts handling judgment payment requests
Courts could set installment amounts and payment schedules at their discretion after debtors give judgment creditors five days’ notice.
Judgment creditors
Creditors would retain other legal remedies and could give written consent allowing debtors to keep licenses and registrations despite payment defaults, subject to the commissioner’s discretion and proof of future financial responsibility.
Department of Motor Vehicles
The commissioner would have to suspend licenses and registrations upon notice of an installment default, unless the creditor-consent exception applies.
Headline styles
Let Drivers Pay Fines Over Time
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2436
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. GANTT -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to allowing installment payments upon conviction of aggravated unlicensed operation of a motor vehicle
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 511 of the vehicle and traffic law is amended by adding a new subdivision 8 to read as follows:
8. Suspension waived upon payment of judgment in installments. (a) The commissioner shall not suspend a license or registration of a motor vehicle under this section, and shall restore any license or registration suspended following non-payment of a judgment, when the judgment debtor gives proof of his financial responsibility in the future as hereinafter provided, and when the judgment debtor obtains an order from the court in which such judgment was rendered, permitting the payment of such judgment in installments, and while the payment of any said installment is not in default.
(b) A judgment debtor upon five days' notice to the judgment creditor may apply to the court in which such judgment was obtained for the privilege of paying such judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order, fixing the amounts and times of payment of the installments.
(c) In the event the judgment debtor fails to pay any installment as permitted by the order of the court, then upon notice of such default the commissioner shall forthwith suspend the license and registration certificates and registration plates of the judgment debtor until such judgment is satisfied as provided in this article.
(d) Provided, however, if the judgment creditor consents in writing, in such form as the commissioner may prescribe, that the judgment debtor
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00960-01-9
A. 2436 2
be allowed license and registration the same may be allowed by the commissioner, in his discretion, notwithstanding default in the payment of such judgment or of any installments thereof, for six months from the date of such consent and thereafter until such consent is revoked in writing, if the judgment debtor furnishes proof of his financial responsibility in the future as hereinafter provided.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.