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511-A - Facilitating aggravated unlicensed operation of a motor vehicle.

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§ 511-a. Facilitatingaggravatedunlicensedoperationofamotorvehicle. 1. A person is guilty of the offense of facilitating aggravatedunlicensed operation of a motor vehicle in the thirddegreewhensuchpersonconsentstotheoperationuponapublic highway of a motorvehicle registered in such person's name knowingorhavingreasontoknowthattheoperatorofsuch vehicle is a person whose license orprivilege of operating such motor vehicle in this state or privilegeofobtainingalicenseissuedtooperatesuchmotorvehicleby thecommissionerissuspended,revokedorotherwisewithdrawnbythecommissionerandthe vehicle is operated upon a public highway by suchperson.2. Facilitating aggravated unlicensed operation of a motor vehicleinthethirddegreeisa traffic infraction. When a person is convictedthereof the sentence of the court must be: (i) a fine of notlessthantwo hundred dollars nor more than five hundred dollars or (ii) a term ofimprisonment of not more than fifteen days, or (iii) both.3.A person is guilty of facilitating aggravated unlicensed operationof a motor vehicle in the second degree when such person:(a)commitstheoffenseoffacilitating aggravated unlicensedoperationofamotorvehicleinthethirddegreeasdefined insubdivision one of this section afterhavingbeenconvictedofsuchoffense within the preceding eighteen months; or(b) consents to the operation upon a public highway of a motor vehicleregisteredinsuch person's name knowing or having reason to know thatthe operator of such vehicle is a person who has in effect three or moresuspensions, imposed on at least three separate dates,forfailuretoanswer,appearor pay a fine, pursuant to subdivision three of sectiontwo hundred twenty-six or subdivision four-a of section five hundred tenof this chapter; or(c) commits the crime of facilitating aggravated unlicensedoperationofamotorvehicle in the third degree after having been convicted ofsuch an offense two or more times within the preceding five years.For purposes of thissubdivision,"motorvehicle"shallmeananyvehicle for hire, including a taxicab, livery, as defined in section onehundred twenty-one-e ofthischapter,coach,limousine,vanorwheelchair accessible van, tow truck, bus or commercial motor vehicle asdefined section five hundred nine-a of this chapter.Facilitating aggravated unlicensed operation of a motor vehicle in thesecond degree is a misdemeanor. When a person is convicted of this crimepursuant to paragraphs (a) or (b) of this subdivision, thesentenceofthe court must be: (i) a fine of not less than five hundred dollars, normorethansevenhundred fifty dollars; or (ii) a term of imprisonmentnot to exceed sixty days; or (iii) both a fine and imprisonment; or (iv)whereappropriate,asentenceofprobation;or(v)a term ofimprisonmentasacondition of a sentence of probation as provided inthe penal law. When a person is convictedofthiscrimepursuanttoparagraph(c)ofthis subdivision, the sentence of the court must be:(i) a fine of not less than five hundred, normorethanonethousanddollars; or (ii) a term of imprisonment not to exceed one hundred eightydays;or (iii) both a fine and imprisonment; or (iv) where appropriate,a sentence of probation; or (v) a term of imprisonment as a condition ofprobation as provided in the penal law.4. A person is guilty of facilitating aggravated unlicensedoperationofa motor vehicle in the first degree when such person consents to theoperation upon a public highway of a motor vehicleregisteredinsuchperson's name knowing or having reason to know that the operator of suchvehicleisa person who has in effect ten or more suspensions, imposedon at least ten separate dates, for failure to answer, appear orpayafine, pursuant to subdivision three of section two hundred twenty-six orsubdivisionfour-aofsectionfive hundred ten of this chapter.Forpurposes of this subdivision, "motor vehicle" shall mean any vehicle forhire,includingataxicab,livery, as defined in section one hundredtwenty-one-e ofthischapter,coach,limousine,vanorwheelchairaccessible van, tow truck, bus or commercial motor vehicle as defined insection five hundred nine-a of this chapter.Facilitating aggravated unlicensed operation of a motor vehicle in thefirstdegreeisaclass E felony. When a person is convicted of thiscrime, the sentence of the court must be: (i) a fine inanamountnotlessthan one thousand dollars nor more than five thousand dollars; and(ii) a term of imprisonment as provided in the penal law; or (iii) whereappropriate, a sentence of probation; or (iv) a term of imprisonmentasa condition of a sentence of probation as provided in the penal law.5.Uponaconviction of a violation of subdivision three or four ofthis section the commissioner shall revoke the registration of the motorvehicle for which the defendant's consent is givenandshallonlyberestoredpursuant to the provisions of subdivision five of section fivehundred ten ofthisarticle.Ifsuchdefendantisacorporation,partnership, association orothergroup,noneofitsofficers,principals, directors or stockholders owning more thantenpercentoftheoutstandingstock of the corporation shall be eligible to registerthe motor vehicle.
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  • § 511-a. Facilitating aggravated unlicensed operation of a motor vehicle. 1. A person is guilty of the offense of facilitating aggravated unlicensed operation of a motor vehicle in the third degree when such person consents to the operation upon a public highway of a motor vehicle registered in such person's name knowing or having reason to know that the operator of such vehicle is a person whose license or privilege of operating such motor vehicle in this state or privilege of obtaining a license issued to operate such motor vehicle by the commissioner is suspended, revoked or otherwise withdrawn by the commissioner and the vehicle is operated upon a public highway by such person. 2. Facilitating aggravated unlicensed operation of a motor vehicle in the third degree is a traffic infraction. When a person is convicted thereof the sentence of the court must be: (i) a fine of not less than two hundred dollars nor more than five hundred dollars or (ii) a term of imprisonment of not more than fifteen days, or (iii) both. 3. A person is guilty of facilitating aggravated unlicensed operation of a motor vehicle in the second degree when such person: (a) commits the offense of facilitating aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section after having been convicted of such offense within the preceding eighteen months; or (b) consents to the operation upon a public highway of a motor vehicle registered in such person's name knowing or having reason to know that the operator of such vehicle is a person who has in effect three or more suspensions, imposed on at least three separate dates, for failure to answer, appear or pay a fine, pursuant to subdivision three of section two hundred twenty-six or subdivision four-a of section five hundred ten of this chapter; or (c) commits the crime of facilitating aggravated unlicensed operation of a motor vehicle in the third degree after having been convicted of such an offense two or more times within the preceding five years. For purposes of this subdivision, "motor vehicle" shall mean any vehicle for hire, including a taxicab, livery, as defined in section one hundred twenty-one-e of this chapter, coach, limousine, van or wheelchair accessible van, tow truck, bus or commercial motor vehicle as defined section five hundred nine-a of this chapter. Facilitating aggravated unlicensed operation of a motor vehicle in the second degree is a misdemeanor. When a person is convicted of this crime pursuant to paragraphs (a) or (b) of this subdivision, the sentence of the court must be: (i) a fine of not less than five hundred dollars, nor more than seven hundred fifty dollars; or (ii) a term of imprisonment not to exceed sixty days; or (iii) both a fine and imprisonment; or (iv) where appropriate, a sentence of probation; or (v) a term of imprisonment as a condition of a sentence of probation as provided in the penal law. When a person is convicted of this crime pursuant to paragraph (c) of this subdivision, the sentence of the court must be: (i) a fine of not less than five hundred, nor more than one thousand dollars; or (ii) a term of imprisonment not to exceed one hundred eighty days; or (iii) both a fine and imprisonment; or (iv) where appropriate, a sentence of probation; or (v) a term of imprisonment as a condition of probation as provided in the penal law. 4. A person is guilty of facilitating aggravated unlicensed operation of a motor vehicle in the first degree when such person consents to the operation upon a public highway of a motor vehicle registered in such person's name knowing or having reason to know that the operator of such vehicle is a person who has in effect ten or more suspensions, imposed on at least ten separate dates, for failure to answer, appear or pay afine, pursuant to subdivision three of section two hundred twenty-six or subdivision four-a of section five hundred ten of this chapter. For purposes of this subdivision, "motor vehicle" shall mean any vehicle for hire, including a taxicab, livery, as defined in section one hundred twenty-one-e of this chapter, coach, limousine, van or wheelchair accessible van, tow truck, bus or commercial motor vehicle as defined in section five hundred nine-a of this chapter. Facilitating aggravated unlicensed operation of a motor vehicle in the first degree is a class E felony. When a person is convicted of this crime, the sentence of the court must be: (i) a fine in an amount not less than one thousand dollars nor more than five thousand dollars; and (ii) a term of imprisonment as provided in the penal law; or (iii) where appropriate, a sentence of probation; or (iv) a term of imprisonment as a condition of a sentence of probation as provided in the penal law. 5. Upon a conviction of a violation of subdivision three or four of this section the commissioner shall revoke the registration of the motor vehicle for which the defendant's consent is given and shall only be restored pursuant to the provisions of subdivision five of section five hundred ten of this article. If such defendant is a corporation, partnership, association or other group, none of its officers, principals, directors or stockholders owning more than ten percent of the outstanding stock of the corporation shall be eligible to register the motor vehicle.

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