What's happening
This bill ends driver’s license suspensions for unpaid traffic fines, creates installment payment plans, and mandates notification improvements.
Why it matters
Reduces the cycle of poverty and legal entanglement. By ending driver's license suspensions for unpaid traffic fines, this bill removes a major barrier that can prevent low-income individuals from working or caring for their families, decreasing the risk of job loss and further financial hardship that often results from suspended licenses.
Creates fairer and more flexible payment options. The required installment payment plans ensure that fines and surcharges are payable in reasonable monthly amounts (capped at 2% of net income or $10/month), making it less likely that people will default simply due to inability to pay.
Promotes transparency and due process. The bill mandates improved notification procedures for court dates and payment obligations, including additional reminders by mail, text, or email, reducing the chance that people miss deadlines due to lack of clear information.
Retroactively restores driving privileges. By requiring the DMV to terminate existing suspensions related to unpaid fines (except in certain heavy vehicle/tax cases), and waiving associated fees, the bill provides immediate relief to thousands whose ability to drive was previously restricted, helping them regain mobility and economic opportunity.
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Who cares
Drivers with suspended licenses
The bill would terminate existing suspensions for failure to appear, answer or pay under specified provisions and waive termination-related fees and fines, with exceptions for certain vehicle, tax and transportation violations.
Drivers struggling to pay traffic fines
Courts and hearing officers would have to offer free installment plans with monthly payments capped at the greater of $10 or two percent of monthly net income.
Traffic courts and administrative hearing officers
They would have to administer installment plans and notify drivers of their availability, while gaining discretion to reduce or waive traffic fines, fees and mandatory surcharges in the interests of justice.
Department of Motor Vehicles
The department would have to terminate eligible suspensions, mail notices explaining remaining enforcement risks and send advance return-date reminders for covered traffic summonses.
Headline styles
End Driver's License Debt Suspensions
Plain English, a few words. Used as the page title.
Sponsors
History
- Substituted by A7463B
- Ordered to third reading cal.782
- Reported and committed to rules
- Reported and committed to finance
- Print number 5348b
- Amend and recommit to transportation
- Referred to transportation
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 41–21
Show 6 earlier actions
- Ordered to third reading cal.1692
- Committee discharged and committed to rules
- Print number 5348a
- Amend (t) and recommit to finance
- Reported and committed to finance
- 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.
End Debt-Based License Suspensions
Signed by Governor · Sponsor Pamela J. Hunter
Full text
7 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5348--B
2019-2020 Regular Sessions
IN SENATE
April 26, 2019
Introduced by Sens. KENNEDY, BIAGGI, CARLUCCI, FELDER, GIANARIS, KRUEG- ER, MAY, MONTGOMERY, PARKER, RAMOS, RIVERA, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from… Show allHide
Introduced by Sens. KENNEDY, BIAGGI, CARLUCCI, FELDER, GIANARIS, KRUEG- ER, MAY, MONTGOMERY, PARKER, RAMOS, RIVERA, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to the suspension of a license to drive a motor vehicle or motorcycle
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 226 of the vehicle and traffic law, as amended by chapter 607 of the laws of 1993, paragraph (a) as amended by section 6 of part J of chapter 62 of the laws of 2003 and paragraph (b) as amended by section 2 of part K of chapter 59 of the laws of 2010, is amended to read as follows:
3. Failure to answer or appear; entry of order. (a) If the person charged with the violation shall fail to answer the summons as provided herein involving a violation of section three hundred eighty-five of this chapter, 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 privilege 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. If a person shall fail to appear at a hearing involving a violation of section three hundred eighty-five of this chapter, when such is provided for pursuant to this section, such person's license, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11167-09-0
S. 5348--B 2
registration or privilege of operating or of operation, as appropriate, may be suspended pending appearance at a subsequent hearing, or the disposition of the charges involved. Any suspension permitted by this subdivision, if already in effect, may be terminated or if not yet in effect, may be withdrawn or withheld, prior to the disposition of the charges involved if such person shall appear and post security in the amount of forty dollars to guarantee his or her appearance at any required hearing. The security posted pursuant to this subdivision 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 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.
(b) Failure to answer or appear in accordance with the requirements of this section and any regulations promulgated hereunder shall be deemed an admission to the violation as charged, and an appropriate order may be entered in the department's records, and a fine consistent with the provisions of this chapter and regulations of the commissioner may be imposed by the commissioner or person designated by the commissioner. Prior to entry of an order and imposition of a fine, the commissioner shall notify such person by mail at the address of such person on file with the department or at the current address provided by the United States postal service in accordance with section two hundred fourteen of this [chapter] title: (i) of the violation charged; (ii) of the impending entry of such order and fine; (iii) that such order and fine may be filed as a judgment with the county clerk of the county in which the operator or registrant is located; and (iv) that entry of such order and imposition of such fine may be avoided by entering a plea or making an appearance within thirty days of the sending of such notice. In no case shall such an order and fine be entered and imposed more than two years after the date of the alleged violation. Upon application in such manner and form as the commissioner shall prescribe an order and fine shall be vacated upon the ground of excusable default.
§ 2. Section 226 of the vehicle and traffic law is amended by adding a new subdivision 1-a to read as follows:
1-a. Return date notifications. The commissioner shall notify any person who receives a summons and complaint for any traffic violation specified in subdivision one of section two hundred twenty-five of this article of the time and place of the return date for such summons, no later than one week prior to such return date. The commissioner shall: (a) send such notification by first class mail at the address of such person on file with the department or at the current address provided by the United States postal service in accordance with section two hundred fourteen of this title; and (b) provide an additional notification by text message, electronic mail, or telephone call whenever the commissioner has the telephone number or electronic mail address of such person.
§ 3. Section 1802 of the vehicle and traffic law is amended to read as follows:
§ 1802. Receipts for fines or bail; installment payment plans. 1. Receipts for fines or bail. Upon receipt of the payment of any fine or
S. 5348--B 3
penalty collected under a sentence or judgment of 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 the deposit of bail of a person charged with a violation of any such provision, local law, ordinance, order, rule or regulation, the officer or employee receiving such payment or deposit shall issue a receipt therefor when the payment or deposit is made in cash. Whenever any such payment or deposit is made by check, money order or in other property, the officer or employee shall issue a receipt therefor upon request; provided, however, no such receipt shall be issued where a fine or penalty is paid by mail unless the name and address of the payee is known to such officer or employee or enclosed with the payment.
2. Installment payment plans. (a) Whenever fines 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-seven of this chapter, the court or hearing officer shall offer such person the opportunity to enter into an installment payment plan at no charge for the payment of such fines and/or surcharges and any related fees. Any such installment payment plan shall be comprised of all fines, fees and mandatory surcharges and shall consist of monthly payments that do not exceed two percent of such person's monthly net income or ten 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 obligations 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 officer, but no more frequently than annually, to assess their financial 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 petition the court or hearing officer at any time to seek a reduction in the monthly payment.
(b) The court or hearing officer shall have the discretion in the interests of justice to reduce or waive the amount of any fine, fee or mandatory surcharge assessed for 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.
(c) A person assessed a fine, fee and/or mandatory surcharge following a conviction for 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 the entering of an order pursuant to subdivision three of section two hundred twenty-seven of this chapter, shall be notified of their right to an installment payment plan (a) at the time the summons is issued; (b) at the time of sentencing; and (c) in any communication concerning imposition or collection of a fine, fee or mandatory surcharge. Information about the availability of
S. 5348--B 4
installment payment plans shall be prominently posted, in a clear and conspicuous manner: at each court and administrative tribunal and its website, if any, and on the commissioner's website.
§ 4. Paragraph a of subdivision 4 of section 227 of the vehicle and traffic law, as amended by section 7 of part J of chapter 62 of the laws of 2003, is amended to read as follows:
a. An order entered upon the failure to answer or appear or after the receipt of an answer admitting the charge or where a determination is made that the charge has been established shall be civil in nature, but shall be treated as a conviction for the purposes of this chapter. The commissioner or his designee may include in such order an imposition of any penalty authorized by any provision of this chapter for a conviction of such violation, except that no penalty therefore shall include imprisonment, nor, if monetary, exceed the amount of the fine which could have been imposed had the charge been heard by a court. [The] If the charge involves a violation of section three hundred eighty-five of this chapter, the driver's license or privileges may be suspended pending the payment of any penalty so imposed, or, if the charge involves a violation of section three hundred eighty-five [or section four hundred one] of this chapter by a registrant who was not the operator of the vehicle, the registration of such vehicle or privilege of operation of any motor vehicle owned by such registrant may be suspended pending the payment of any penalty so imposed. 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. Subdivision 4-a of section 510 of the vehicle and traffic law, as added by section 10 of part J of chapter 62 of the laws of 2003 and paragraph (c) as amended by chapter 157 of the laws of 2017, is amended to read as follows:
4-a. Suspension for failure to answer an appearance ticket or to pay a fine. (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 parking, 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) or the failure to pay a fine imposed by a court] 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 such fine. Such suspension shall take effect no less than thirty days from the day upon which notice thereof is sent by the commissioner to the person whose driver's license or privileges are to be suspended. 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.
(b) The provisions of paragraph (a) of this subdivision shall not apply to a registrant who was not operating a vehicle, but who was issued a summons or an appearance ticket for a violation of section three hundred eighty-five, section four hundred one or section five hundred eleven-a of this chapter. Upon the receipt of a court notification of the failure of such person to appear within sixty days of the return date or a new subsequent adjourned date, pursuant to an appearance ticket charging said person with such violation, or the failure of such person to pay a fine imposed by a court, the commissioner or his or
S. 5348--B 5
her agent may suspend the registration of the vehicle or vehicles involved in such violation or privilege of operation of any motor vehicle owned by the registrant pending receipt of notice from the court that such person has appeared in response to such appearance ticket or has paid such fine. Such suspension shall take effect no less than thirty days from the day upon which notice thereof is sent by the commissioner to the person whose registration or privilege is to be suspended. 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.
(c) Upon receipt of notification from a traffic and parking violations agency or a traffic violations agency 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:
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 suspen- sion of a license to drive a motor vehicle or motorcycle
Purpose
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 for failure to pay a fine.
Summary of provisions
Section 226.3(a): Revises the provision to allow the commissioner to suspend a person's driver's license or privileges for failure to answer a summons or appear at a hearing, when such hearing is provided for under section 226, only for persons charged with violating section three hundred eight-five of this chapter.
Read the full memo (1,304 words)
Section 226.1-a: Provides that the commissioner must send written notice to a person who receives a summons or appearance tickets notifying the person of the time and place of the return date no later than one week prior to the return date.
Section 227.4(a): Revises the provision to allow for the suspension of a person's driver's License or privileges for failure to pay a penalty imposed following a conviction of a traffic violation, only for persons charged with violating section three hundred eight-five of this chapter.
Section 510.4-a(a), (b), (c): Repeals certain provisions allowing the commissioner or his or her agent to suspend a license upon receipt of a court notification of a person's failure to appear within 60 days of the return date or new subsequent adjourned date, pursuant to an appearance ticket related to violations of this chapter or failure to pay fines imposed for such violations.
Section 514.3(a), (b): Revises provisions requiring trial court or clerk thereof to certify to the commissioner that a person who previously failed to appear or pay a fine has done so. Repeals the requirement that the court must collect the suspension fee required under section 503.2(j-1) before providing the certification.
Section 519(a) and (b): Adds new section 519 to require the commission- er, within 90 days of the enactment of this section to terminate all suspensions of licenses, privileges to operate a motor vehicle, and registrations suspended as a result of failure to appear, answer, or pay a fine, penalty, or mandatory surcharge pursuant to sections 226.3, 227.4, or 510.4-a, except for suspensions imposed pursuant to violations of section three hundred eight-five of this chapter. Requires commis- sioner to waive all fees and penalties associated with the terminated suspensions. Requires commissioner to provide notice to all persons whose licenses are terminated pursuant to this provision, notifying them of the termination and available consequences for continued non-payment or non-appearance.
Section 1802.1: Amends the provision governing receipts for fines and bail to include installment plans.
Section 1802.2(a), (b), and (c): Requires the court or hearing officer to offer the person an installment plan at no extra charge. Sets forth that required monthly payments under the plan may not exceed two percent of the person's monthly net income or $10, whichever is greater. Provides for a procedure for reassessing the person's ability to repay at the court's or hearing officer's discretion or upon the person's petition. Grants the court or hearing officer the discretion to reduce or waive the amount of any fine, fee, or mandatory surcharge assessed in accordance with this chapter. Requires that persons assessed a fine, fee, or mandatory surcharge be provided with several forms of notice of the availability of a payment plan.
Justification
New York State regularly suspends people's driving privileges because they are not able to pay a traffic-related fine or fee. Between January 2016 and April 2018, New York issued 1,686,175 driver's license suspen- sions related to traffic debt.' License suspension has significant adverse consequences for the individual, especially in areas where public transportation options are sparse. Without a license, a person cannot drive to work, school, or even court. These consequences compound and amplify the impact of the suspension, making it less likely that the person can repay the initial debt and more likely that the person will incur additional censure and penalties from the court. If the person continues to drive with a suspended license, as many people are compelled to do, he or she risks criminal charges, additional fines, and possible prison time. In practice, suspension for nonpayment criminal- izes New Yorkers for being poor.
These dire consequences affect not just the individual, but also their families, employers, and communities; in New York, the impact is borne disproportionately by low-income communities and communities of color. Driver's license suspension rates in New York are nearly nine times higher in the ten poorest communities compared to the ten wealthiest. In New York City, communities with the highest percent of people of color receive driver's license suspensions at rates twice as high as communi- ties with the smallest percent of people of color. In the rest of New York State, communities with the highest percent of people of color receive driver's license suspensions at rates four times as high as communities with the smallest percent people of color.
Yet despite these grave and unjust consequences, suspension for nonpay- ment accomplishes very little. It does not appear to encourage repay- ment: in the majority of cases, people whose license was suspended still did not pay the outstanding fine up to one year after the date of suspension. It does not make New York roads safer, since the punishment is handed down not for dangerous driving, but rather for failure to appear in court or pay a fine. Moreover, by requiring courts and law enforcement officials to spend time pursuing and prosecuting people for driving with a suspended license, New York State is diverting important resources away from fighting serious crime and pulling actually danger- ous drivers off the road.
The arguable benefits of suspension for nonpayment do not justify the costs to New York communities. States across the country are reaching similar conclusions, and doing away with the practice. Mississippi, Idaho, California, the District of Columbia, and Virginia have all stopped suspending licenses for nonpayment, and the legislatures in Montana, Tennessee, North Carolina, Minnesota, Oregon, Illinois, and Florida are all considering legislation that would do the same. At the same time, the practice is facing constitutional challenges in several other states, including Alabama, Oregon, Montana, and Michigan -- and so far, those challenges have been successful.
Additionally, courts have little discretion in allowing an individual to pay their fine or fees over time through payment plans. With repayment rates so low among drivers with suspended licenses, municipalities and the state may be losing out on revenue they would otherwise receive if individuals had more flexible repayment options.
This legislation provides manageable repayment options, particularly for low-income New Yorkers, which may enable municipalities and the state to realize increased revenue that would otherwise be lost without payment plan options. For example, West Palm Beach County, Florida collected 32 times more revenue and reduced suspensions by 39% after offering afford- able payment plans.' Revenue in San Francisco, California increased 244% when people received the option of affordable payment plans. More impor- tantly, this bill could allow New York to reduce arrests, booking, charges, prosecution, and jail time on the basis of poverty.
Finally, it is important to note than other than failure to pay a fine or appear in court, the next most common reasons for suspension are failure to pay the driver responsibility assessment, failure to pay child support, driving while intoxicated, and vehicular homicide. Ending license suspension for traffic debt would not affect driver's license suspension for these other reasons.
Legislative history
S.5348 - Passed Senate 2019
Fiscal implications
To be determined.
Effective date
This act shall take effect ninety days after becoming law, provided, however, that sections two and seven shall take effect the first of April after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.