State Codes and Statutes

Statutes > New-york > Vat > Title-3 > Article-7 > 338

§ 338. Application  to  non-resident,  other persons. (a) Whenever, by  the laws of this state, the commissioner has the  power  to  suspend  or  revoke  a  license  if  the  operator  or chauffeur were a resident, the  commissioner shall have similar power to suspend or revoke  the  license  or  to  forbid  the  operation of a motor vehicle in this state owned by  such  operator  or  chauffeur  if  the  operator  or  chauffeur   is   a  non-resident.  And  whenever  by the laws of this state the commissioner  has the power to suspend or revoke  the  registration  certificates  and  registration plates if the owner were a resident, the commissioner shall  have  similar  power  to  forbid  the operation within this state of any  motor vehicle if the owner is a non-resident.    (b) All of the provisions of this article shall apply  to  any  person  who is not a resident of this state under the same circumstances as they  would apply to a resident; and, in such event, such a non-resident shall  not  operate any motor vehicle in this state nor shall any motor vehicle  owned  by  him  be  operated  in  this  state,  unless  and  until  such  non-resident  or  the owner of the motor vehicle, if another person, has  complied  with  the  requirements  of  this  article  with  respect   to  furnishing  security and giving proof of financial responsibility in the  future.    (c) Upon conviction of a non-resident or in case  of  any  unsatisfied  judgment rendered against a non-resident which conviction or unsatisfied  judgment results in suspension of such non-resident's driving privileges  in  this state and/or the prohibition of the operation within this state  of any motor vehicle owned by such non-resident, the commissioner  shall  transmit  a  certified  copy of any record of any such conviction or any  such unsatisfied judgment or any other action pursuant to  this  article  resulting  in  suspension of a non-resident's driving privileges in this  state and/or the prohibition of the operation within this state  of  any  motor   vehicle   owned  by  such  non-resident  to  the  motor  vehicle  commissioner or officer performing the functions of  a  commissioner  in  the state in which such non-resident resides.    In  case  a  non-resident's  failure  to comply with the provisions of  section  three  hundred  thirty-five  results  in  suspension  of   such  non-resident's rights and privileges in this state and/or prohibition of  the  operation  within  the  state  of  any  motor vehicle owned by such  non-resident, the commissioner shall transmit a certified  copy  of  the  record  of  such  action  to  the  motor vehicle commissioner or officer  performing the functions of the commissioner in the state in which  such  non-resident resides, if the law of such other state provides for action  in  relation  thereto similar to that provided for in subdivision (d) of  this section.    (d) The commissioner shall take action as required  anywhere  in  this  article, upon receiving proper evidence that any resident of this state,  has  in  any other state had his driving privileges suspended and/or the  operation of any motor vehicle owned by him prohibited pursuant to a law  of such other state providing for such suspension or prohibition because  of a conviction or  because  of  an  unsatisfied  judgment  which  would  require  the commissioner to suspend a non-resident's driving privileges  had such a conviction or judgment been rendered in this state against  a  non-resident, provided, however, that no suspension or prohibition shall  be  effective  until  twenty  days have elapsed from the date upon which  notice of suspension shall have been mailed to  the  operator  or  owner  during  which period such operator or owner shall be permitted to submit  evidence of satisfaction of the  judgment  or  other  evidence  relating  thereto.    Upon  receipt  of  a  certification  that the operating privilege of a  resident of this state has been suspended, revoked or cancelled  in  anysuch  other  state  pursuant  to  a  law  providing  for its suspension,  revocation or cancellation for  failure  to  deposit  security  for  the  payment of a judgment as may arise out of a motor vehicle accident under  circumstances   which  would  require  the  commissioner  to  suspend  a  non-resident's operating privilege had the  accident  occurred  in  this  state, the commissioner shall suspend the license of such resident if he  was  the operator, and all of his registrations if he was the owner of a  motor vehicle involved in such accident. Such suspension shall  continue  until such resident furnishes evidence of his compliance with the law of  such other state relating to the deposit of such security.    (e)  The  word  "state"  when  used  in this section shall, unless the  context clearly  indicates  otherwise,  mean  any  state,  territory  or  possession  of  the  United  States,  the  District  of  Columbia or any  province of the Dominion of Canada.

State Codes and Statutes

Statutes > New-york > Vat > Title-3 > Article-7 > 338

§ 338. Application  to  non-resident,  other persons. (a) Whenever, by  the laws of this state, the commissioner has the  power  to  suspend  or  revoke  a  license  if  the  operator  or chauffeur were a resident, the  commissioner shall have similar power to suspend or revoke  the  license  or  to  forbid  the  operation of a motor vehicle in this state owned by  such  operator  or  chauffeur  if  the  operator  or  chauffeur   is   a  non-resident.  And  whenever  by the laws of this state the commissioner  has the power to suspend or revoke  the  registration  certificates  and  registration plates if the owner were a resident, the commissioner shall  have  similar  power  to  forbid  the operation within this state of any  motor vehicle if the owner is a non-resident.    (b) All of the provisions of this article shall apply  to  any  person  who is not a resident of this state under the same circumstances as they  would apply to a resident; and, in such event, such a non-resident shall  not  operate any motor vehicle in this state nor shall any motor vehicle  owned  by  him  be  operated  in  this  state,  unless  and  until  such  non-resident  or  the owner of the motor vehicle, if another person, has  complied  with  the  requirements  of  this  article  with  respect   to  furnishing  security and giving proof of financial responsibility in the  future.    (c) Upon conviction of a non-resident or in case  of  any  unsatisfied  judgment rendered against a non-resident which conviction or unsatisfied  judgment results in suspension of such non-resident's driving privileges  in  this state and/or the prohibition of the operation within this state  of any motor vehicle owned by such non-resident, the commissioner  shall  transmit  a  certified  copy of any record of any such conviction or any  such unsatisfied judgment or any other action pursuant to  this  article  resulting  in  suspension of a non-resident's driving privileges in this  state and/or the prohibition of the operation within this state  of  any  motor   vehicle   owned  by  such  non-resident  to  the  motor  vehicle  commissioner or officer performing the functions of  a  commissioner  in  the state in which such non-resident resides.    In  case  a  non-resident's  failure  to comply with the provisions of  section  three  hundred  thirty-five  results  in  suspension  of   such  non-resident's rights and privileges in this state and/or prohibition of  the  operation  within  the  state  of  any  motor vehicle owned by such  non-resident, the commissioner shall transmit a certified  copy  of  the  record  of  such  action  to  the  motor vehicle commissioner or officer  performing the functions of the commissioner in the state in which  such  non-resident resides, if the law of such other state provides for action  in  relation  thereto similar to that provided for in subdivision (d) of  this section.    (d) The commissioner shall take action as required  anywhere  in  this  article, upon receiving proper evidence that any resident of this state,  has  in  any other state had his driving privileges suspended and/or the  operation of any motor vehicle owned by him prohibited pursuant to a law  of such other state providing for such suspension or prohibition because  of a conviction or  because  of  an  unsatisfied  judgment  which  would  require  the commissioner to suspend a non-resident's driving privileges  had such a conviction or judgment been rendered in this state against  a  non-resident, provided, however, that no suspension or prohibition shall  be  effective  until  twenty  days have elapsed from the date upon which  notice of suspension shall have been mailed to  the  operator  or  owner  during  which period such operator or owner shall be permitted to submit  evidence of satisfaction of the  judgment  or  other  evidence  relating  thereto.    Upon  receipt  of  a  certification  that the operating privilege of a  resident of this state has been suspended, revoked or cancelled  in  anysuch  other  state  pursuant  to  a  law  providing  for its suspension,  revocation or cancellation for  failure  to  deposit  security  for  the  payment of a judgment as may arise out of a motor vehicle accident under  circumstances   which  would  require  the  commissioner  to  suspend  a  non-resident's operating privilege had the  accident  occurred  in  this  state, the commissioner shall suspend the license of such resident if he  was  the operator, and all of his registrations if he was the owner of a  motor vehicle involved in such accident. Such suspension shall  continue  until such resident furnishes evidence of his compliance with the law of  such other state relating to the deposit of such security.    (e)  The  word  "state"  when  used  in this section shall, unless the  context clearly  indicates  otherwise,  mean  any  state,  territory  or  possession  of  the  United  States,  the  District  of  Columbia or any  province of the Dominion of Canada.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Vat > Title-3 > Article-7 > 338

§ 338. Application  to  non-resident,  other persons. (a) Whenever, by  the laws of this state, the commissioner has the  power  to  suspend  or  revoke  a  license  if  the  operator  or chauffeur were a resident, the  commissioner shall have similar power to suspend or revoke  the  license  or  to  forbid  the  operation of a motor vehicle in this state owned by  such  operator  or  chauffeur  if  the  operator  or  chauffeur   is   a  non-resident.  And  whenever  by the laws of this state the commissioner  has the power to suspend or revoke  the  registration  certificates  and  registration plates if the owner were a resident, the commissioner shall  have  similar  power  to  forbid  the operation within this state of any  motor vehicle if the owner is a non-resident.    (b) All of the provisions of this article shall apply  to  any  person  who is not a resident of this state under the same circumstances as they  would apply to a resident; and, in such event, such a non-resident shall  not  operate any motor vehicle in this state nor shall any motor vehicle  owned  by  him  be  operated  in  this  state,  unless  and  until  such  non-resident  or  the owner of the motor vehicle, if another person, has  complied  with  the  requirements  of  this  article  with  respect   to  furnishing  security and giving proof of financial responsibility in the  future.    (c) Upon conviction of a non-resident or in case  of  any  unsatisfied  judgment rendered against a non-resident which conviction or unsatisfied  judgment results in suspension of such non-resident's driving privileges  in  this state and/or the prohibition of the operation within this state  of any motor vehicle owned by such non-resident, the commissioner  shall  transmit  a  certified  copy of any record of any such conviction or any  such unsatisfied judgment or any other action pursuant to  this  article  resulting  in  suspension of a non-resident's driving privileges in this  state and/or the prohibition of the operation within this state  of  any  motor   vehicle   owned  by  such  non-resident  to  the  motor  vehicle  commissioner or officer performing the functions of  a  commissioner  in  the state in which such non-resident resides.    In  case  a  non-resident's  failure  to comply with the provisions of  section  three  hundred  thirty-five  results  in  suspension  of   such  non-resident's rights and privileges in this state and/or prohibition of  the  operation  within  the  state  of  any  motor vehicle owned by such  non-resident, the commissioner shall transmit a certified  copy  of  the  record  of  such  action  to  the  motor vehicle commissioner or officer  performing the functions of the commissioner in the state in which  such  non-resident resides, if the law of such other state provides for action  in  relation  thereto similar to that provided for in subdivision (d) of  this section.    (d) The commissioner shall take action as required  anywhere  in  this  article, upon receiving proper evidence that any resident of this state,  has  in  any other state had his driving privileges suspended and/or the  operation of any motor vehicle owned by him prohibited pursuant to a law  of such other state providing for such suspension or prohibition because  of a conviction or  because  of  an  unsatisfied  judgment  which  would  require  the commissioner to suspend a non-resident's driving privileges  had such a conviction or judgment been rendered in this state against  a  non-resident, provided, however, that no suspension or prohibition shall  be  effective  until  twenty  days have elapsed from the date upon which  notice of suspension shall have been mailed to  the  operator  or  owner  during  which period such operator or owner shall be permitted to submit  evidence of satisfaction of the  judgment  or  other  evidence  relating  thereto.    Upon  receipt  of  a  certification  that the operating privilege of a  resident of this state has been suspended, revoked or cancelled  in  anysuch  other  state  pursuant  to  a  law  providing  for its suspension,  revocation or cancellation for  failure  to  deposit  security  for  the  payment of a judgment as may arise out of a motor vehicle accident under  circumstances   which  would  require  the  commissioner  to  suspend  a  non-resident's operating privilege had the  accident  occurred  in  this  state, the commissioner shall suspend the license of such resident if he  was  the operator, and all of his registrations if he was the owner of a  motor vehicle involved in such accident. Such suspension shall  continue  until such resident furnishes evidence of his compliance with the law of  such other state relating to the deposit of such security.    (e)  The  word  "state"  when  used  in this section shall, unless the  context clearly  indicates  otherwise,  mean  any  state,  territory  or  possession  of  the  United  States,  the  District  of  Columbia or any  province of the Dominion of Canada.