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New York Vehicle and Traffic Law , section: 510a

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Drive While Suspended Offense, Suspension and Revocation of Commercial Driver's Licenses

Suspension and revocation of commercial driver`s licenses. 1. Revocation. A commercial driver`s license shall be revoked by the commissioner whenever the holder is convicted within or outside of this state (a) of a felony involving the use of a commercial motor vehicle as defined in section five hundred one-a of this chapter except a felony as described in paragraph (b) of this subdivision; (b) of a felony involv- ing manufacturing, distributing or dispensing a drug as defined in section one hundred fourteen-a of this chapter or possession of any such drug with intent to manufacture, distribute or dispense such drug in which a commercial motor vehicle was used. 2. Duration of revocation. (a) Except as otherwise provided in para- graph (b) of this subdivision, where revocation of a commercial driver`s license is mandatory pursuant to paragraph (a) of subdivision one 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 commis- sioner, 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 while operating a commercial motor vehicle or has a prior conviction of any of the following offenses while operating a commercial motor vehicle: any violation of section eleven hundred nine- ty-two of this chapter, any violation of subdivision two of section six hundred of this chapter, or any felony involving the use of a commercial motor vehicle pursuant to paragraph (a) of subdivision one of this section, then such commercial driver`s license revocation shall be permanent. (b) Where revocation is mandatory pursuant to paragraph (a) of subdi- vision one of this section and the commercial motor vehicle was trans- porting 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 while operating a commercial motor vehicle or has a prior conviction of any of the following offenses while operat- ing a commercial motor vehicle: any violation of section eleven hundred ninety-two of this chapter, any violation of subdivision two of section six hundred of this chapter, or any felony involving the use of a commercial motor vehicle pursuant to paragraph (a) of subdivision one of this section, then such commercial driver`s license revocation shall be permanent. (c) The permanent commercial driver`s license revocation required by paragraphs (a) and (b) of this subdivision may be waived by the commis- sioner 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 while operating a commercial motor vehicle and has not been convicted of any one of the following offenses while operating a commercial motor vehicle: any violation of section eleven hundred ninety-two of this chapter, any violation of subdivision two of section six hundred of this chapter, or any felony involving the use of a commercial motor vehicle pursuant to paragraph (a) of subdivision one of this section; (ii) if any of the grounds upon which the permanent commercial driv- er`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 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. (d) Upon a third finding of refusal and/or conviction of any of the offenses which require a permanent commercial driver`s license revoca- tion, such permanent revocation may not be waived by the commissioner under any circumstances. (e) Where revocation is mandatory pursuant to paragraph (b) of subdi- vision one of this section such revocation shall be permanent and may not be waived by the commissioner under any circumstances. 3. Suspension. (a) A commercial driver`s license shall be suspended by the commissioner for a period of sixty days where the holder is convicted, during any three year period, of two serious traffic violations as defined in subdivision four of this section, in separate incidents whether such convictions occurred within or outside of this state. (b) A commercial driver`s license shall be suspended by the commis- sioner for a period of one hundred twenty days where the holder is convicted, during any three year period, of three serious traffic violations as defined in subdivision four of this section, in separate incidents whether such convictions occurred within or outside of this state. (c) A commercial drivers license shall be suspended by the commission- er 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 regu- lations involving an out-of-service defect relating to brake systems, steering components and/or coupling devices, or (B) transporting flamma- ble gas, radioactive materials or explosives. (d) A commercial driver`s license shall be suspended by the commis- sioner: (i) for a period of ninety days where the holder was found to have operated a commercial motor vehicle designed or used to transport prop- erty as defined in subparagraphs (i) and (ii) of paragraph (a) of subdi- vision four of section five hundred one-a of this title, in violation of an out-of-service order as provided for in the rules and regulations of the department of transportation; (ii) for a period of one year if, during any ten-year period, the holder is found to have committed two such violations not arising from the same incident; (iii) for a period of three years if, during any ten-year period, the holder is convicted of three or more violations not arising from the same incident; (iv) for a period of one hundred and eighty days if the holder is found to have operated a commercial motor vehicle designed or used to transport passengers or property as defined in subparagraphs (iii) and (v) of paragraph (a) of subdivision four of section five hundred one-a of this title, in violation of an out-of-service order, as provided for in the rules and regulations of the department of transportation, while transporting hazardous materials or passengers; (v) for a period of three years if, during any ten-year period, the holder is found to have committed two or more violations, not arising from the same incident, of operating a commercial motor vehicle designed or used to transport passengers or property as defined in subparagraphs (iii) and (v) of paragraph (a) of subdivision four of section five hundred one-a of this title, in violation of an out-of-service order, as provided for in the rules and regulations of the department of transpor- tation, while transporting hazardous materials or passengers. (e) A commercial driver`s license shall be suspended by the commis- sioner: (i) for a period of sixty days where the holder is convicted of a violation of section eleven hundred seventy-one of this chapter. (ii) for a period of one hundred twenty days where the holder is convicted of a second violation of section eleven hundred seventy-one of this chapter, both of which were committed within a three year period. (iii) for a period of one year where the holder is convicted of a third violation of section eleven hundred seventy-one of this chapter, all of which were committed within a three year period. 4. Serious traffic violations. (a) A serious traffic violation shall mean operating a commercial motor vehicle in violation of any provision of this chapter or the laws of any other state, the District of Columbia or any Canadian province which (i) limits the speed of motor vehicles, provided the violation involved fifteen or more miles per hour over the established speed limit; (ii) is defined as reckless driving by state or local law or regulation; (iii) prohibits improper or erratic lane change; (iv) prohibits following too closely; or (v) relates to motor vehicle traffic (other than parking, standing or stopping) and which arises in connection with a fatal accident. (b) Whether any specific violation which occurs without this state is a serious violation shall be dependent upon whether the state or prov- ince in which the violation occurs, reports such violation to the commissioner as, or deems it to be, a serious traffic violation under the provisions of the federal commercial motor vehicle safety act of nineteen hundred eighty-six, public law 99-570, title XII and regu- lations promulgated thereunder. 5. Limitation of effect of revocation or suspension. Any revocation or suspension of a commercial driver`s license issued pursuant to this section shall be applicable only to that portion of the holder`s driv- er`s license or privilege which permits the operation of commercial motor vehicles, and the commissioner shall immediately issue a license, other than a commercial driver`s license, to such person, provided that such person is otherwise eligible to receive such license and further provided that issuing a license to such person does not create a substantial traffic safety hazard. 6. Application of section to persons not holding a commercial driver`s license. Whenever a person who is not the holder of a commercial driv- er`s license issued by the commissioner is convicted of a violation which would require the mandatory revocation or suspension of a commer- cial driver`s license pursuant to this section, the privilege of such person to operate a commercial motor vehicle and/or to obtain a commer- cial driver`s license issued by the commissioner will be suspended or revoked for the same periods of time and subject to the same conditions provided in this section which would be applicable to the holder of a commercial driver`s license and in addition, the driver`s license or privilege of operating a motor vehicle by such person shall be suspended or revoked for the same periods of time for which the privilege of oper- ating a commercial motor vehicle or the privilege to obtain a commercial driver`s license are suspended or revoked. 7. Other revocation or suspension action not prohibited. The provisions of this section shall not be construed to prevent any person who has the authority to suspend or revoke a license to drive or privi- lege of operating pursuant to section five hundred ten of this chapter from exercising any such authority based upon a conviction for which suspension or revocation of a commercial driver`s license by the commis- sioner is mandated.

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