Section 510. Suspension, revocation and reissuance of licenses and registrations

1. Who may suspend or revoke. Any magistrate, justice  or
  judge, in a city, in a town, or in a village, any supreme court justice,
  any  county  judge, any judge of a district court, the superintendent of
  state police and the  commissioner  of  motor  vehicles  or  any  person
  deputized  by  him, shall have power to revoke or suspend the license to
  drive a motor vehicle or motorcycle of any person, or in the case of  an
  owner, the registration, as provided herein.
    A  learner's  permit, or a license which has expired but is renewable,
  shall be deemed a license within the meaning of this section.
    2. Mandatory revocations and suspensions.  a.  Mandatory  revocations.
  Such  licenses  shall  be  revoked  and  such  registrations may also be
  revoked where the holder is convicted:
    (i) of homicide or assault arising out of the  operation  of  a  motor
  vehicle or motorcycle or criminal negligence in the operation of a motor
  vehicle or motorcycle resulting in death, whether the conviction was had
  in this state or elsewhere;
    (ii)  pursuant  to  section  twenty-three hundred eighty-five of title
  eighteen of the United States code,  of  the  crime  of  advocating  the
  overthrow of government, whether the conviction was had in this state or
  elsewhere;
    (iii)  of  any  violation of subdivision two of section six hundred or
  section three hundred ninety-two or of a local law or  ordinance  making
  it unlawful to leave the scene of an accident without reporting;
    (iv)  of a third or subsequent violation, committed within a period of
  eighteen months, of any provision of section eleven  hundred  eighty  of
  this  chapter,  any  ordinance or regulation limiting the speed of motor
  vehicles and motorcycles or any provision constituted a  misdemeanor  by
  this  chapter,  not  included  in  subparagraphs  (i)  or  (iii) of this
  paragraph, except violations of subdivision one of section three hundred
  seventy-five of this chapter or  of  subdivision  one  of  section  four
  hundred  one of this chapter and similar violations under any local law,
  ordinance or regulation committed by an employed driver if  the  offense
  occurred while operating, in the course of his employment, a vehicle not
  owned  by  said  driver,  whether  such  three  or  more violations were
  repetitions of the same offense or were different offenses;
    (v) of a violation for the conviction of which  any  such  license  is
  subject  to  revocation  under  subdivision  two of section five hundred
  ten-b;
    (vi) of a  violation  of  any  provision  of  section  eleven  hundred
  eighty-two of this chapter;
    (vii) of a second violation of any provision of section eleven hundred
  eighty-two  committed  within  a  period  of  three  years of a previous
  violation of the aforesaid section shall result in a license  revocation
  of one year;
    (viii) of a third violation, committed within a period of three years,
  of any provision of subdivision a of section eleven hundred seventy-four
  of this chapter;
    (ix)  of  a  violation  of  section twelve hundred twenty-four of this
  chapter, other than a violation adjudicated by the environmental control
  board of a city having a population of one million or more  pursuant  to
  subdivision  seven  of  such  section, and fails to pay the fine imposed
  thereon pursuant to subdivision seven of such section;
    (x) of a traffic infraction for  a  subsequent  violation  of  article
  twenty-six  of  this chapter and the commission of such violation caused
  serious physical injury to another person and such subsequent  violation
  occurred within eighteen months of a prior violation of any provision of
  article  twenty-six  of  this chapter where the commission of such prior

  violation caused the serious physical injury or death of another person;
  or
    (xi)  of  a  traffic  infraction for a subsequent violation of article
  twenty-six of this chapter and the commission of such  violation  caused
  the  death  of  another  person  and  such subsequent violation occurred
  within eighteen months of a prior violation of any provision of  article
  twenty-six  of this chapter where the commission of such prior violation
  caused the serious physical injury or death of another person.
    b. Mandatory suspensions. Such licenses shall be suspended,  and  such
  registrations may also be suspended:
    (i)  for  a  period  of  sixty days where the holder is convicted of a
  violation for the  conviction  of  which  such  license  is  subject  to
  suspension pursuant to subdivision one of section five hundred ten-b;
    (ii)  when  the holder forfeits bail given upon being charged with any
  of the offenses mentioned in this subdivision, until the holder  submits
  to the jurisdiction of the court in which he forfeited bail; and
    (iii)  such  registrations shall be suspended when necessary to comply
  with subdivision nine of section one hundred forty or  subdivision  four
  of  section  one  hundred  forty-five  of  the  transportation  law. The
  commissioner shall have the authority to deny a registration or  renewal
  application  to  any  other  person  for the same vehicle and may deny a
  registration  or  renewal  application  for  any  other  motor   vehicle
  registered  in  the  name  of the applicant where it has been determined
  that such registrant's intent has been to evade  the  purposes  of  this
  subdivision and where the commissioner has reasonable grounds to believe
  that  such registration or renewal will have the effect of defeating the
  purposes of this subdivision.
    (iv) For a period of not less than thirty nor greater than one hundred
  eighty days where the holder is convicted of the crime of assault in the
  first, second or third degree as defined in article one  hundred  twenty
  of  the  penal  law,  where such offense was committed against a traffic
  enforcement agent employed by the city  of  New  York  or  the  city  of
  Buffalo  while  such  agent  was  enforcing or attempting to enforce the
  traffic regulations of such city.
    * (v) For a period of six months where the holder is convicted of,  or
  receives   a   youthful  offender  or  other  juvenile  adjudication  in
  connection with, any  misdemeanor  or  felony  defined  in  article  two
  hundred twenty or two hundred twenty-one of the penal law, any violation
  of  the  federal  controlled  substances  act, any crime in violation of
  subdivision four of section eleven hundred ninety-two of this chapter or
  any out-of-state or federal misdemeanor or felony drug-related  offense;
  provided,  however, that any time actually served in custody pursuant to
  a sentence or disposition imposed as a  result  of  such  conviction  or
  youthful  offender  or  other  juvenile  adjudication  shall be credited
  against the period of such suspension and, provided  further,  that  the
  court  shall  determine  that  such suspension need not be imposed where
  there are compelling circumstances warranting an exception.
    * NB Repealed October 1, 2011
    * (vi) Pursuant to subparagraph (v) of this paragraph, the magistrate,
  justice or judge shall order such suspension or render its findings that
  are compelling circumstances warranting an  exception  at  the  time  of
  sentencing.  At  that  time,  the  judge, justice or magistrate may also
  issue an order making said license suspension take  effect  twenty  days
  after  the  date  of sentencing and, if this is done, the license holder
  shall be given a copy  of  the  order  permitting  the  continuation  of
  driving privileges.
    * NB Repealed October 1, 2011

    * (vii)  In no event shall the commissioner suspend a driver's license
  pursuant to subparagraph (v) of this paragraph absent a copy of an order
  by the magistrate, justice or judge as provided in subparagraph (vi)  of
  this paragraph.
    * NB Repealed October 1, 2011
    (viii)  for  a period of sixty days where the holder is convicted of a
  violation of section twelve hundred twenty-b of this  chapter  within  a
  period of eighteen months of a previous violation of such section.
    (ix)  For  a period of three months where the holder is sentenced to a
  license suspension pursuant to paragraph  (a)  of  subdivision  five  of
  section  sixty-five-b  of  the  alcoholic beverage control law, provided
  however,  that,  in  accordance  with  such  subdivision  five,     such
  suspension shall be only a license suspension.
    (x)  For  a  period  of  six months where the holder is sentenced to a
  license suspension pursuant to paragraph  (b)  of  subdivision  five  of
  section  sixty-five-b  of  the  alcoholic beverage control law, provided
  however,  that,  in  accordance  with  such  subdivision  five,     such
  suspension shall be only a license suspension.
    (xi)  For  a period of one year or until the holder reaches the age of
  twenty-one, whichever is the greater period of time, where the holder is
  sentenced  to  a  license  suspension  pursuant  to  paragraph  (c)   of
  subdivision  five  of  section  sixty-five-b  of  the alcoholic beverage
  control law, provided however, that, in accordance with such subdivision
  five, such suspension shall be only a license suspension.
    (xii) for a period of one year where the holder is  convicted  of,  or
  receives  a  youthful  offender  or juvenile delinquency adjudication in
  connection with a violation of section 240.62  or  subdivision  five  of
  section 240.60 of the penal law.
    (xiii) for a period of sixty days where the holder is convicted of two
  or  more  violations  of paragraph two of subdivision (d) or subdivision
  (f) of section eleven hundred eighty of this chapter.
    (xiv) for a period of forty-five days where the holder is convicted of
  a traffic infraction for a first violation of article twenty-six of this
  chapter and the commission of such  violation  caused  serious  physical
  injury to another person.
    (xv)  for  a period of seventy-five days where the holder is convicted
  of a traffic infraction for a first violation of article  twenty-six  of
  this  chapter  and  the commission of such violation caused the death of
  another person.
    c.  Application  of   mandatory   revocations   and   suspensions   to
  non-residents  and  to  unlicensed persons. Whenever a non-resident or a
  person who is unlicensed is convicted of any  violation  or  receives  a
  youthful  offender  or  juvenile delinquency adjudication in conjunction
  with a violation of section 240.62 or subdivision five of section 240.60
  of the penal law, which would require the revocation or suspension of  a
  license,  pursuant  to  the provisions of this chapter, if the person so
  convicted or adjudicated was the holder  of  a  license  issued  by  the
  commissioner, such non-resident's privilege of operating a motor vehicle
  in  this  state  or  such  unlicensed  person's privilege of obtaining a
  license issued by the commissioner shall be revoked  or  suspended,  and
  such  non-resident's  privilege  of  operation  within this state of any
  motor vehicle owned by such person or such unlicensed person's privilege
  of obtaining a registration issued by the commissioner may be  suspended
  as if such non-resident or unlicensed person was the holder of a license
  issued by the commissioner. The provisions of subdivisions six and seven
  of   this  section  shall  be  applicable  to  any  such  suspension  or
  revocation.

    d. Mandatory suspensions; vehicles over eighteen  thousand  pounds.  A
  license or privilege shall be suspended by the commissioner for a period
  of  sixty  days,  where  the  holder  is  convicted  of  a  violation of
  subdivision (g) of section eleven hundred eighty of  this  chapter,  and
  (i)  the  recorded  or entered speed upon which the conviction was based
  exceeded the applicable speed limit by more than twenty miles  per  hour
  or  (ii)  the  recorded  or  entered speed upon which the conviction was
  based exceeded the applicable speed limit by more  than  ten  miles  per
  hour  and  the  vehicle  was  either  (A)  in  violation of any rules or
  regulations  involving  an  out-of-service  defect  relating  to   brake
  systems,   steering   components   and/or   coupling   devices,  or  (B)
  transporting  flammable  gas,  radioactive  materials   or   explosives.
  Whenever  a  license  is  suspended  pursuant  to  this  paragraph,  the
  commissioner shall immediately issue a restricted license  provided  the
  holder  of such license is otherwise eligible to receive such restricted
  license, except that no such restricted license shall be valid  for  the
  operation of a vehicle with a GVWR of more than eighteen thousand pounds
  and  further  provided  that  issuing  a license to such person does not
  create a substantial traffic safety hazard.
    2-a. Mandatory suspension and revocation of a license and registration
  in certain cases. (a) Within seven days after conviction for a violation
  of any local law which prohibits the knowing operation  or  offering  to
  operate  or  permitting  the  operation  for  hire  of  any vehicle as a
  taxicab, livery, as defined in section one hundred twenty-one-e of  this
  chapter, coach, limousine, van or wheelchair accessible van or tow truck
  within  the  state  without first having obtained an appropriate license
  therefor  from  the  appropriate  licensing  authority  and  appropriate
  for-hire  insurance  from the appropriate insurance agency, the taxi and
  limousine commission or other local body having jurisdiction  over  such
  offenses  with  respect  to  such  vehicles shall provide notice of such
  conviction to the commissioner in a manner agreed upon between any  such
  local  body  and  the  commissioner.  Upon  receipt  of such notice, the
  commissioner  shall  suspend  the  license  of  such  operator  and  the
  registration of such vehicle for a period of sixty days.
    (b)  Within  seven  days after conviction for a violation of any local
  law which prohibits the knowing operation  or  offering  to  operate  or
  permitting  the  operation for hire of any vehicle as a taxicab, livery,
  as defined in section one hundred twenty-one-e of this  chapter,  coach,
  limousine,  van  or  wheelchair  accessible  van or tow truck within the
  state without first having obtained an appropriate license therefor from
  the appropriate licensing authority and appropriate  for-hire  insurance
  from the appropriate insurance agency where the operator has, within the
  previous  five years, been convicted of any such violation, the taxi and
  limousine commission or other local body having jurisdiction  over  such
  offenses  with  respect  to  such  vehicles  shall provide notice to the
  commissioner in a manner agreed upon between any such local body and the
  commissioner. Upon receipt of such notice, the commissioner shall revoke
  the license of such operator.
    (c) Within seven days after conviction for a violation  of  any  local
  law  which  prohibits  the  knowing  operation or offering to operate or
  permitting the operation for hire of any vehicle as a  taxicab,  livery,
  as  defined  in section one hundred twenty-one-e of this chapter, coach,
  limousine, van or wheelchair accessible van  or  tow  truck  within  the
  state without first having obtained an appropriate license therefor from
  the  appropriate  licensing authority and appropriate for-hire insurance
  from the appropriate insurance agency where the registrant  has,  within
  the  previous five years, been convicted of any such violation, the taxi
  and limousine commission or other local body  having  jurisdiction  over

  such  offenses with respect to such vehicles shall provide notice to the
  commissioner in a manner agreed upon between any such local body and the
  commissioner. Upon receipt of such notice, the commissioner shall revoke
  the  registration  of  such  vehicle,  and  no new registration shall be
  issued for at least six months, nor thereafter, except in the discretion
  of the commissioner.
    (d) The provisions of this subdivision shall not apply to any  taxicab
  or  livery  as  defined  in  section  one  hundred  twenty-one-e of this
  chapter, coach, limousine, van or wheelchair accessible van or tow truck
  licensed or permitted for such operation by the appropriate  local  body
  of  any  other  municipality,  the  department  of  transportation,  the
  metropolitan  transportation  authority  or  the   interstate   commerce
  commission.
    3.   Permissive   suspensions   and  revocations.  Such  licenses  and
  registrations and the privilege of a non-resident of operating  a  motor
  vehicle  in  this  state and of operation within this state of any motor
  vehicle owned by him and  the  privilege  of  an  unlicensed  person  of
  obtaining  a  license  issued  by  the  commissioner  and of obtaining a
  registration issued by the commissioner may be suspended or revoked:
    a. for any violation of the provisions of this chapter, except section
  eleven hundred ninety-two, or for any violation of a local ordinance  or
  regulation  prohibiting dangerous driving as shall, in the discretion of
  the officer acting hereunder, justify such revocation or suspension;
    b. because of some physical or mental disability of  the  holder,  the
  court  commitment of the holder to an institution under the jurisdiction
  of the department of mental hygiene or the disability of the  holder  by
  reason of intoxication or the use of drugs;
    c. because of the conviction of the holder at any time of a felony;
    d.  for  habitual  or persistent violation of any of the provisions of
  this chapter, or of any lawful ordinance, rule  or  regulation  made  by
  local authorities in relation to traffic;
    e.  for  gross  negligence  in  the  operation  of  a motor vehicle or
  motorcycle or operating a  motor  vehicle  or  motorcycle  in  a  manner
  showing a reckless disregard for life or property of others;
    f.  for  knowingly  permitting  or  suffering  any  motor  vehicle  or
  motorcycle under the direction or control of the holder to  be  used  in
  aid or furtherance of the commission of any crime;
    g.  for  preventing  lawful  identification  of  any  motor vehicle or
  motorcycle under the holder's direction or control,  or  evading  lawful
  arrest or prosecution while operating such motor vehicle or motorcycle;
    h. for wilfully evading lawful prosecution in this state or in another
  state or jurisdiction for an offense committed therein against the motor
  vehicle or traffic laws thereof;
    i.  for  habitual  or  persistent  violation of any provisions of this
  chapter, and/or any lawful ordinance, rule or regulation made  by  local
  authorities  in  relation  to  traffic, and/or violations committed in a
  commercial motor  vehicle  of  any  law,  statute,  ordinance,  rule  or
  regulation  in  relation to traffic made by any other state, District of
  Columbia, Canadian province or local authority of such  state,  district
  or province;
    j.  except  as  provided  in  subdivision one herein or section eleven
  hundred ninety-three of this chapter upon the  conviction  of  a  person
  under  eighteen  years  of  age  of  any  crime  or  in  the  case of an
  adjudication of youthful offender under  nineteen  years  of  age,  such
  license or registration may be suspended or revoked for a maximum period
  of one year by the judge or justice sentencing him;
    k.  for a period of up to ninety days because of the conviction of the
  holder of the offenses of menacing as defined in section 120.15  of  the

  penal   law,   where  such  offense  was  committed  against  a  traffic
  enforcement agent employed by the city  of  New  York  or  the  city  of
  Buffalo  while  such  agent  was  enforcing or attempting to enforce the
  traffic regulations of such city.
    3-a.   Opportunity  to  be  heard  and  temporary  suspensions.  Where
  revocation or suspension is permissive,  the  holder,  unless  he  shall
  waive  such  right,  shall  have an opportunity to be heard except where
  such revocation or suspension is based solely on a court  conviction  or
  convictions  or  on  a  court  commitment  to  an  institution under the
  jurisdiction  of  the  department  of  mental  hygiene.  A  license   or
  registration,  or  the  privilege of a non-resident of operating a motor
  vehicle in this state or of the operation within this state of any motor
  vehicle owned by him, may, however,  be  temporarily  suspended  without
  notice, pending any prosecution, investigation or hearing.
    4.  Administrative  action  pursuant  to  interstate  compact. a. Such
  licenses may be suspended where pursuant to  any  compact  or  agreement
  authorized  by section five hundred seventeen of this chapter the holder
  thereof is issued a summons for  a  moving  traffic  violation,  is  not
  detained  or  required to furnish bail or collateral and fails to appear
  in response to such summons. Such suspension shall remain in effect only
  until such holder submits to the jurisdiction of the court in which such
  summons is returnable.
    b. If notification is received by the  commissioner  pursuant  to  any
  compact  or  agreement  authorized  by section five hundred sixteen-b of
  this article that the holder of a New York license or an unlicensed  New
  York resident has been convicted of an offense set forth in such compact
  or  agreement, such conviction, for the purpose of administrative action
  which must  or  may  be  taken  by  the  commissioner  pursuant  to  the
  provisions  of  this  section,  shall be deemed to be a conviction of an
  offense committed within this state in accordance with the provisions of
  such compact or agreement.
    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 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  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:
    (i)  any  of  the  provisions  of this chapter except one for parking,
  stopping or standing and except those violations described in paragraphs
  (a), (b), (d), (e) and (f) of subdivision two of section  three  hundred
  seventy-one of the general municipal law;
    (ii)  section  five hundred two or subdivision (a) of section eighteen
  hundred fifteen of the tax law;
    (iii) section fourteen-f (except paragraph (b) of subdivision four  of
  section  fourteen-f),  two  hundred  eleven or two hundred twelve of the
  transportation law; or
    (iv) 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 for such a violation by a
  traffic and parking violations agency, the commissioner or  his  or  her
  agent  may  suspend  the  driver's  license or privileges of such person
  pending receipt of notice from the agency 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-1) of subdivision two of section five hundred three of this
  chapter.
    4-b. Suspension of registration for failure to answer or to pay  fines
  with respect to certain violations. Upon receipt of certification from a
  court  or  administrative  tribunal of appropriate jurisdiction that the
  owner of a motor vehicle or his representative failed to appear  on  the
  return date or dates or any subsequent adjourned date or dates or failed
  to  comply  with the rules and regulations of an administrative tribunal
  following entry  of  a  final  decision  or  decisions  in  response  to
  twenty-five  or  more  summonses  or  other  process,  issued  within an
  eighteen month period  charging  that  such  motor  vehicle  is  parked,
  stopped  or  standing  in  violation  of  any  of the provisions of this
  chapter or of any law, ordinance, rule or regulation  made  by  a  local
  authority, the commissioner shall suspend the registration of such motor
  vehicle. Such suspension shall take effect no less than thirty days from
  the  date  on  which  notice  thereof is sent by the commissioner to the
  person whose registration is to be suspended and shall remain in  effect
  as  long  as the summmons or summonses remain unanswered, or in the case
  of an administrative tribunal, the registrant fails to comply  with  the
  rules  and  regulations  following  the  entry  of  a  final decision or
  decisions.
    * 4-c. Suspension of registration for failure  to  answer  or  to  pay
  fines  with  respect  to parking, stopping and standing violations. Upon
  receipt of certification from a  court  or  administrative  tribunal  of

  appropriate  jurisdiction  in  a city with a population in excess of one
  hundred thousand persons according to the nineteen hundred eighty United
  States census that the owner of a motor vehicle  or  his  representative
  following  compliance  by  such  city  with  the  notice  provisions  of
  subdivision two of section two  hundred  thirty-five  of  this  chapter,
  failed to appear on the return date or dates or any subsequent adjourned
  date  or  dates or failed to comply with the rules and regulations of an
  administrative  tribunal  following  entry  of  a  final   decision   or
  decisions,  in  response  to  five  or  more summonses or other process,
  issued within a twelve month period charging that such motor vehicle  is
  parked,  stopped  or  standing  in violation of any of the provisions of
  this chapter or of any law, ordinance, rule  or  regulation  made  by  a
  local authority, the commissioner shall suspend the registration of such
  motor  vehicle.  Such  suspension  shall take effect no less than thirty
  days from the date on which notice thereof is sent by  the  commissioner
  to  the person whose registration is to be suspended and shall remain in
  effect as long as the summons or summonses remain unanswered, or in  the
  case  of an administrative tribunal, the registrant fails to comply with
  the rules and regulations following the entry of  a  final  decision  or
  decisions.
    * NB Repealed September 1, 2011
    4-d. Suspension of registration for failure to answer or pay penalties
  with  respect  to certain violations. Upon the receipt of a notification
  from a court or an administrative tribunal that  an  owner  of  a  motor
  vehicle failed to appear on the return date or dates or a new subsequent
  adjourned  date or dates or failed to pay any penalty imposed by a court
  or failed to comply with the rules and regulations of an  administrative
  tribunal  following  entry of a final decision or decisions, in response
  to five or more notices of liability or other process, issued within  an
  eighteen  month  period  charging  such  owner  with a violation of toll
  collection regulations in accordance with the provisions of section  two
  thousand  nine  hundred  eighty-five  of  the  public authorities law or
  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
  seventy-four  of the laws of nineteen hundred fifty, the commissioner or
  his agent shall suspend the registration  of  the  vehicle  or  vehicles
  involved  in  the  violation  or the privilege of operation of any motor
  vehicle owned by the registrant. Such suspension shall  take  effect  no
  less  than  thirty days from the date on which notice thereof is sent by
  the commissioner to  the  person  whose  registration  or  privilege  is
  suspended  and shall remain in effect until such registrant has appeared
  in response to such notices of liability or has paid such penalty or  in
  the case of an administrative tribunal, the registrant has complied with
  the  rules  and  regulations  following the entry of a final decision or
  decisions.
    * 4-e. Suspension and  disqualification  for  failure  to  make  child
  support  payments  or  failure  to  comply  with  a summons, subpoena or
  warrant relating to a paternity or child  support  proceeding.  (1)  The
  commissioner,  on  behalf  of the department, shall enter into a written
  agreement  with  the  commissioner  of  the  office  of  temporary   and
  disability  assistance,  on  behalf  of  the  office  of  temporary  and
  disability  assistance,  which  shall  set  forth  the  procedures   for
  suspending the driving privileges of individuals who have failed to make
  payments of child support or combined child and spousal support.
    (2) Such agreement shall include:
    (i)  the  procedure under which the office of temporary and disability
  assistance shall notify the department of an individual's liability  for
  support arrears;

    (ii) the procedure under which the department shall be notified by the
  office  of  temporary  and  disability assistance that an individual has
  satisfied or commenced payment of his or her  support  arrears;  or  has
  made  satisfactory  payment  arrangements  thereon  and  shall  have the
  suspension of his or her driving privileges terminated;
    (iii) the procedure for reimbursement of the department and its agents
  by  the  office  of  temporary  and  disability  assistance for the full
  additional costs of carrying  out  the  procedures  authorized  by  this
  section, and may include, subject to the approval of the director of the
  budget,  a  procedure for reimbursement of necessary additional costs of
  collecting social security numbers pursuant to section five hundred  two
  of this title;
    (iv)  provision  for  the  publicizing  of sanctions for nonpayment of
  child support including the potential for the suspension  of  delinquent
  support  obligors'  driving privileges if they fail to pay child support
  or combined child and spousal support; and
    (v) such other matters as the parties to  such  agreement  shall  deem
  necessary to carry out provisions of this section.
    (3)  Upon  receipt  of  notification  from the office of temporary and
  disability assistance of a person's failure to satisfy  support  arrears
  or  to  make  satisfactory  payment  arrangements  thereon  pursuant  to
  paragraph (e) of subdivision twelve of section one hundred  eleven-b  of
  the  social  services  law or notification from a court issuing an order
  pursuant to section four hundred fifty-eight-a of the family  court  act
  or  section  two hundred forty-four-b of the domestic relations law, the
  commissioner or his or her agent  shall  suspend  the  license  of  such
  person  to  operate  a  motor  vehicle.  In  the  event  such  person is
  unlicensed, such person's privilege of  obtaining  a  license  shall  be
  suspended.  Such suspension shall take effect no later than fifteen days
  from the date of the notice thereof  to  the  person  whose  license  or
  privilege of obtaining a license is to be suspended, and shall remain in
  effect  until  such  time as the commissioner is advised that the person
  has satisfied the support  arrears  or  has  made  satisfactory  payment
  arrangements  thereon pursuant to paragraph (e) of subdivision twelve of
  section one hundred eleven-b of the social services law  or  until  such
  time as the court issues an order to terminate such suspension;
    (4)  From  the  time  the  commissioner  is  notified by the office of
  temporary and disability assistance of a person's liability for  support
  arrears  under this section, the commissioner shall be relieved from all
  liability to such person which may otherwise arise under  this  section,
  and  such  person  shall  have  no  right  to commence a court action or
  proceeding or to any other legal recourse against  the  commissioner  to
  recover  such  driving  privileges  as  authorized  by  this section. In
  addition, notwithstanding any other provision of law, such person  shall
  have  no  right  to  a  hearing  or appeal pursuant to this chapter with
  respect to a suspension of driving  privileges  as  authorized  by  this
  section.  However,  nothing  herein  shall be construed to prohibit such
  person from proceeding against the support collection unit  pursuant  to
  article seventy-eight of the civil practice law and rules.
    (5)   Any   person  whose  license  has  been  suspended  pursuant  to
  subdivision three of this section  may  apply  for  the  issuance  of  a
  restricted  use  license  as  provided in section five hundred thirty of
  this title.
    * NB Repealed June 30, 2011
    5. Restoration. A license or registration may be restored by direction
  of the commissioner but  not  otherwise.  Reversal  on  appeal,  of  any
  conviction because of which any license or registration has been revoked
  or suspended, shall entitle the holder to restoration thereof forthwith.

  The  privileges  of  a  non-resident may be restored by direction of the
  commissioner in his discretion but not otherwise.
    6.  Restrictions.  a.  Where revocation is mandatory hereunder, no new
  license shall be issued for at least six months or, in certain  cases  a
  longer  period  as  specified in this chapter, nor thereafter, except in
  the discretion of the commissioner of motor vehicles.
    b. Except as otherwise provided in paragraph c  of  this  subdivision,
  where   revocation  is  mandatory  pursuant  to  subparagraph  (iii)  of
  paragraph a of subdivision  two  of  this  section,  no  new  commercial
  driver's  license  shall  be issued for at least one year nor thereafter
  except in the discretion of the commissioner, except that if such person
  has previously been found to have refused a chemical  test  pursuant  to
  section  eleven  hundred  ninety-four  of  this  chapter  or has a prior
  conviction of any of the following offenses: any  violation  of  section
  eleven  hundred ninety-two of this chapter; any violation of subdivision
  one or two of section six hundred  of  this  chapter;  or  has  a  prior
  conviction  of  any felony involving the use of a motor vehicle pursuant
  to paragraph (a) of subdivision one of section  five  hundred  ten-a  of
  this  article, then such commercial driver's license revocation shall be
  permanent.
    c. Where revocation  is  mandatory  pursuant  to  subdivision  one  of
  section  five  hundred  ten-a  of  this chapter or subparagraph (iii) of
  paragraph a of subdivision two of this  section  and  the  violation  of
  subdivision  two  of  section  six hundred of this chapter was committed
  while  operating  a  commercial  motor  vehicle  transporting  hazardous
  materials,  no  new  commercial  driver's license shall be issued for at
  least three years  nor  thereafter  except  in  the  discretion  of  the
  commissioner,  except  that  if such person has previously been found to
  have  refused  a  chemical  test  pursuant  to  section  eleven  hundred
  ninety-four  of  this  chapter  or  has a prior conviction of any of the
  following offenses: any violation of section eleven  hundred  ninety-two
  of  this chapter; any violation of subdivision one or two of section six
  hundred of this chapter;  or  has  a  prior  conviction  of  any  felony
  involving  the  use  of  a  motor  vehicle  pursuant to paragraph (a) of
  subdivision one of section five hundred ten-a of this article, then such
  commercial driver's license revocation shall be permanent.
    d. The permanent commercial driver's license  revocation  required  by
  paragraphs b and c of this subdivision may be waived by the commissioner
  after a period of ten years has expired from such sentence provided:
    (i) that during such ten year period such person has not been found to
  have  refused  a  chemical  test  pursuant  to  section  eleven  hundred
  ninety-four of this chapter and has not been convicted of any one of the
  following offenses: any violation of section eleven  hundred  ninety-two
  of  this chapter; any violation of subdivision one or two of section six
  hundred of this chapter;  or  has  a  prior  conviction  of  any  felony
  involving  the  use  of  a  motor  vehicle  pursuant to paragraph (a) of
  subdivision one of section five hundred ten-a of this article;
    (ii) if any  of  the  grounds  upon  which  the  permanent  commercial
  driver's  license  revocation  is based involved a finding of refusal to
  submit to a chemical test pursuant to section eleven hundred ninety-four
  of this chapter or a conviction of a violation  of  any  subdivision  of
  section  eleven  hundred  ninety-two  of  this chapter, that such person
  provides acceptable documentation to the commissioner that  such  person
  has  voluntarily  enrolled  in and successfully completed an appropriate
  rehabilitation program; and
    (iii) after such documentation, if required, is  accepted,  that  such
  person  is granted a certificate of relief from disabilities as provided

  for in section seven hundred one of the correction law by the  court  in
  which such person was last penalized.
    e.  Upon  a  third  finding of refusal and/or conviction of any of the
  offenses  which  require  a  permanent   commercial   driver's   license
  revocation,   such  permanent  revocation  may  not  be  waived  by  the
  commissioner under any circumstances.
    f. Where revocation is mandatory hereunder, based  upon  a  conviction
  had outside this state, no new license shall be issued until after sixty
  days  from  the  date  of such revocation, nor thereafter, except in the
  discretion of the commissioner.
    g. Except as provided  in  paragraph  k  of  this  subdivision,  where
  revocation  is permissive, no new license or certificate shall be issued
  by such commissioner to any person until after thirty days from the date
  of such revocation, nor thereafter, except  in  the  discretion  of  the
  commissioner  after  an  investigation  or  upon  a  hearing,  provided,
  however, that where  the  revocation  is  based  upon  a  failure  in  a
  reexamination  pursuant  to  section five hundred six of this chapter, a
  learner's permit may be issued immediately and  provided  further,  that
  where  revocation  is  based upon a conviction of a felony, other than a
  felony relating to the operation of a motor  vehicle  or  motorcycle,  a
  license  shall  be  issued  immediately,  if  the applicant is otherwise
  qualified and if the application for  such  license  is  accompanied  by
  consent  in  writing  issued by the parole or probation authority having
  jurisdiction over such applicant.
    h. The provisions of this subdivision shall not apply  to  revocations
  issued  pursuant  to  sections  eleven  hundred  ninety-three and eleven
  hundred ninety-four of this chapter.
    * i. Where suspension of a driver's  license  is  mandatory  hereunder
  based  upon  a  conviction  of,  or  youthful offender or other juvenile
  adjudication in connection with, any misdemeanor or felony as defined in
  article two hundred twenty or two hundred twenty-one of the  penal  law,
  any  violation  of  the  federal controlled substances act, any crime in
  violation of subdivision four of section eleven  hundred  ninety-two  of
  this  chapter  or  any  out-of-state  or  federal  misdemeanor or felony
  drug-related offense,  the  commissioner  may  issue  a  restricted  use
  license pursuant to section five hundred thirty of this chapter.
    * NB Repealed October 1, 2011
    * j.  Where  suspension  of  a driver's license is mandatory hereunder
  based upon a conviction of,  or  youthful  offender  or  other  juvenile
  adjudication in connection with, any misdemeanor or felony as defined in
  article  two  hundred twenty or two hundred twenty-one of the penal law,
  any violation of the federal controlled substances  act,  any  crime  in
  violation  of  subdivision  four of section eleven hundred ninety-two of
  this chapter or  any  out-of-state  or  federal  misdemeanor  or  felony
  drug-related offense and the individual does not have a driver's license
  or  the  individual's  driver's  license  was  suspended  at the time of
  conviction or youthful offender  or  other  juvenile  adjudication,  the
  commissioner  shall  not  issue  a  new  license  nor restore the former
  license for a period of six months after such individual would otherwise
  have become eligible to obtain a new  license  or  to  have  the  former
  license  restored;  provided, however, that during such delay period the
  commissioner may issue a restricted use license pursuant to section five
  hundred thirty of this chapter to such previously suspended licensee.
    * NB Repealed October 1, 2011
    k. Where revocation is permissive hereunder, based upon a finding of a
  violation of section three hundred ninety-two or section  three  hundred
  ninety-two-a  of  this  chapter,  no new license or certificate shall be

  issued until after one year  from  the  date  of  such  revocation,  nor
  thereafter, except in the discretion of the commissioner.
    l.  Where  revocation  is  mandatory  pursuant  to subparagraph (x) of
  paragraph a of subdivision two of this section, no new license shall  be
  issued  for  at  least  seventy-five  days, nor thereafter except in the
  discretion of the commissioner.
    m. Where revocation is mandatory  pursuant  to  subparagraph  (xi)  of
  paragraph  a of subdivision two of this section, no new license shall be
  issued for at least one hundred twenty days, nor  thereafter  except  in
  the discretion of the commissioner.
    7.  Miscellaneous  provisions.  Except  as expressly provided, a court
  conviction shall not be necessary to sustain a revocation or suspension.
  Revocation or suspension hereunder shall be deemed an administrative act
  reviewable by the  supreme  court  as  such.  Notice  of  revocation  or
  suspension,  as well as any required notice of hearing, where the holder
  is not present, may be given by mailing the same in writing  to  him  at
  the  address contained in his license or certificate of registration, as
  the case may be. Proof of such mailing by certified mail to  the  holder
  shall  be  presumptive  evidence  of  the  holder's  receipt  and actual
  knowledge of such notice. Attendance of witnesses may  be  compelled  by
  subpoena.  Failure  of  the  holder  or  any other person possessing the
  license card or number plates, to deliver the same to the suspending  or
  revoking officer is a misdemeanor. Suspending or revoking officers shall
  place  such  license  cards  and  number  plates  in  the custody of the
  commissioner except where the commissioner shall  otherwise  direct.  If
  any  person  shall  fail  to  deliver a license card or number plates as
  provided herein, any police officer, bridge and tunnel  officer  of  the
  Triborough  bridge  and  tunnel  authority, or agent of the commissioner
  having knowledge of such facts shall have the power to secure possession
  thereof and return the same to the commissioner,  and  the  commissioner
  may  forthwith  direct  any police officer, bridge and tunnel officer of
  the Triborough bridge and  tunnel  authority,  acting  pursuant  to  his
  special  duties,  or  agent  of  the  commissioner  to secure possession
  thereof and to return the same  to  the  commissioner.  Failure  of  the
  holder  or of any person possessing the license card or number plates to
  deliver to  any  police  officer,  bridge  and  tunnel  officer  of  the
  Triborough bridge and tunnel authority, or agent of the commissioner who
  requests  the  same pursuant to this subdivision shall be a misdemeanor.
  Notice of revocation or suspension of any license or registration  shall
  be  transmitted  forthwith  by the commissioner of motor vehicles to the
  chief of police of the city or prosecuting officer of  the  locality  in
  which  the  person whose license or registration so revoked or suspended
  resides. In case any license or registration shall expire before the end
  of any period for which it has been revoked or suspended, and before  it
  shall  have  been restored as provided in this chapter, then and in that
  event any renewal thereof may be withheld until the end of  such  period
  of suspension or until restoration, as the case may be.
    The  revocation  of  a learner's permit shall automatically cancel the
  application for a license of the holder of such permit.
    No suspension or revocation of a license or registration shall be made
  because of a judgment  of  conviction  if  the  suspending  or  revoking
  officer  is  satisfied  that  the magistrate who pronounced the judgment
  failed to comply with subdivision one of section eighteen hundred  seven
  of  this  chapter.  In case a suspension or revocation has been made and
  the commissioner is satisfied that there  was  such  failure,  he  shall
  restore the license or registration or both as the case may be.
    8.  Cancellation. Upon receipt of a license which has been surrendered
  to the licensing authority of any other jurisdiction as  a  prerequisite

  to  the  issuance  of a license by such other jurisdiction in accordance
  with the provisions of the Driver License Compact or any other  laws  of
  such jurisdiction, the commissioner shall cancel such license. Provided,
  however,  that  such license shall not be cancelled if the licensee is a
  resident of this state.
    9. Railroad vehicle violations. Upon certification by the commissioner
  of  transportation  that  there  has  been  a   violation   of   section
  seventy-six-b  of  the  railroad law, the commissioner of motor vehicles
  may rescind, cancel or suspend the registration  of  any  motor  vehicle
  described  in  subdivision  one of section seventy-six-b of the railroad
  law and may rescind, cancel, suspend or take possession of  the  current
  registration certificate and number plates of any such motor vehicle.
    10. Where a youth is determined to be a youthful offender, following a
  conviction  of  a violation for which a license suspension or revocation
  is  mandatory  or  where  a  youth  receives  a   juvenile   delinquency
  adjudication  in  conjunction  with  a  violation  of  section 240.62 or
  subdivision five of section 240.60 of the penal  law,  the  court  shall
  impose  such  suspension  or  revocation  as  is otherwise required upon
  conviction  and,  further,  shall  notify  the  commissioner   of   said
  suspension  or  revocation and its finding that said violator is granted
  youthful offender status as is required pursuant to section five hundred
  thirteen  of  this  chapter   or   received   a   juvenile   delinquency
  adjudication.
    * 11.  Notwithstanding  any contrary provision of law, the division of
  criminal justice services is authorized to share with  the  commissioner
  such  criminal history information in its possession as may be necessary
  to effect the provisions of this chapter.
    * NB Repealed October 1, 2011