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A08253 Summary:

BILL NOA08253
 
SAME ASSAME AS S00146
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSR
 
Add 403-c, V & T L
 
Requires the surrender of registration and license plates for a suspended or revoked license.
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A08253 Actions:

BILL NOA08253
 
11/15/2023referred to transportation
01/03/2024referred to transportation
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A08253 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8253
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 15, 2023
                                       ___________
 
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Transportation
 
        AN  ACT to amend the vehicle and traffic law, in relation to the surren-
          der of number plates of all motor vehicles which a person  has  regis-
          tered where such person has a suspended or revoked license

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 403-c to read as follows:
     3    §  403-c.  Surrender of registration and number plates. 1.  Any person
     4  who has had their license suspended or revoked pursuant  to  subdivision
     5  two  or two-a of section five hundred ten or subdivision one or three of
     6  section five hundred ten-a of this chapter for conduct relating  to  the
     7  operation  of  a  motor  vehicle  shall  surrender to the department the
     8  number plates of all motor vehicles which  such  person  has  registered
     9  pursuant to this article, and shall have any motor vehicle registrations
    10  which  belong  to such person suspended. Such surrender of number plates
    11  and vehicle suspension or suspensions shall remain in effect as long  as
    12  the suspension or revocation of such driver's license.
    13    2.  All  motor  vehicles registered to such person shall not be regis-
    14  tered or reregistered in the name of such person, or in any  other  name
    15  where  the  commissioner  has  reasonable  grounds  to believe that such
    16  registration or reregistration will have the  effect  of  defeating  the
    17  purposes of this section, and no other motor vehicle shall be registered
    18  in the name of such person during the period of such suspension.
    19    3.  Except  as  provided  in  subdivision five of section four hundred
    20  twenty-eight of this title, refunds of fees assessed  pursuant  to  this
    21  article  and article fourteen-A of this title shall not be provided when
    22  suspension is mandated pursuant to subdivision one of this section.
    23    4. a. The commissioner or his or her duly authorized agent shall noti-
    24  fy each person whose license has been suspended or revoked of his or her
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01888-01-3

        A. 8253                             2
 
     1  obligation to surrender the number plates of any  motor  vehicles  which
     2  such  person has registered pursuant to this article, and of the suspen-
     3  sion of any vehicle registrations in his or her name.
     4    b.  Such notice shall include the name and address of the person whose
     5  license has been suspended or revoked, the vehicle  registration  number
     6  or  numbers  which  are  suspended,  the number plates of the vehicle or
     7  vehicles which must be surrendered, the infraction, infractions, offense
     8  and/or offenses for which  the  registration  is  suspended  and  number
     9  plates  must  be surrendered, and the dates and times of the convictions
    10  for such infractions and/or offenses.
    11    c. The notice shall also contain a warning advising the person of  the
    12  consequences of failure to surrender number plates.
    13    d.  The notice required by this subdivision shall be provided by first
    14  class mail to the registrant of the motor vehicle within thirty days  of
    15  the license suspension or revocation.
    16    e.  Such  person shall surrender any number plates for any vehicle for
    17  which the person is the registrant within  fourteen  days  of  receiving
    18  notice  from  the  department.  Failure  to surrender number plates upon
    19  notice shall constitute an infraction, punishable upon conviction  by  a
    20  fine  not less than one hundred fifty dollars nor more than five hundred
    21  dollars or imprisonment for not more than fifteen days or both such fine
    22  and imprisonment.
    23    5. A waiver of the provisions of subdivisions  one  and  two  of  this
    24  section  shall be available for motor vehicles which are jointly used by
    25  spouses or other immediate family members if the implementation of  such
    26  subdivision would result in an extreme hardship for the spouse or family
    27  member  whose license has not been suspended or revoked.  To be eligible
    28  for an extreme hardship exception, a duly licensed spouse  or  immediate
    29  family  member  must furnish proof acceptable to the commissioner or his
    30  or her duly authorized agent that he or she jointly uses a motor vehicle
    31  whose registration and number  plates  would  otherwise  be  subject  to
    32  suspension  or  surrender  pursuant  to  subdivision  one or two of this
    33  section. Acceptable proof shall include without limitation the spouse or
    34  immediate family member being named in a policy of  liability  insurance
    35  for  the  motor vehicle pursuant to article seven of this chapter before
    36  the date of conviction, and any additional factors that the commissioner
    37  or his or her duly authorized agent deems necessary to  establish  joint
    38  use.  The  commissioner or his or her duly authorized agent shall deter-
    39  mine whether an individual qualifies  as  an  immediate  family  member,
    40  provided  that such definition of immediate family members shall include
    41  without limitation domestic partners as defined in section four  of  the
    42  workers' compensation law and any children of the registrant.
    43    § 2. This act shall take effect on the one hundred eightieth day after
    44  it shall have become a law.
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