|516||Driver license compact.|
|516-a||Reciprocal driver license agreements with provinces of Canada.|
|516-b||Reciprocal agreements concerning reporting of traffic offenses and administrative action thereon.|
S 516. Driver license compact. 1. The driver license compact is hereby enacted into law and entered into with all other jurisdictions joining therein in the form substantially as follows: DRIVER LICENSE COMPACT ARTICLE I FINDINGS AND DECLARATION OF POLICY (a) The party states find that: (1) The safety of their streets and highways is materially affected by the degree of compliance with state and local laws and ordinances relating to the operation of motor vehicles. (2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property. (3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated. (b) It is the policy of each of the party states to: (1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles. (2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states. ARTICLE II DEFINITIONS As used in this compact: (a) "State" means a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of Canada. (b) "Home state" means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle. (c) "Conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority. ARTICLE III REPORTS OF CONVICTION The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security; and shall include any special findings made in connection therewith. ARTICLE IV EFFECT OF CONVICTION (a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to article III of this compact, as it would if such conduct had occurred in the home state, in the case of convictions for: (1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle; (2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle; (3) Any felony in the commission of which a motor vehicle is used; (4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another. (b) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article. ARTICLE V APPLICATIONS FOR NEW LICENSES Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if: (1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated. (2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways. (3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license. ARTICLE VI APPLICABILITY OF OTHER LAWS Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a non-party state. ARTICLE VII COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION (a) The head of the licensing authority of each party state shall be the administrator of this compact for his state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact. (b) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact. ARTICLE VIII ENTRY INTO FORCE AND WITHDRAWAL (a) This compact shall enter into force and become effective as to any state when it has enacted the same into law. (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal. ARTICLE IX CONSTRUCTION AND SEVERABILITY This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof of any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. (1) As used in the compact, the term "licensing authority" with reference to this state shall mean the department of motor vehicles. Said department shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of the compact. (2) The compact administrator provided for in article seven of the compact shall not be entitled to any additional compensation on account of his service as such administrator, but shall be entitled to expenses incurred in connection with his duties and responsibilities as such administrator, in the same manner as for expenses incurred in connection with any other duties or responsibilities of his office or employment. (3) As used in the compact, with reference to this state, the term "executive head" shall mean the governor. (4) The conduct to which effect shall be given pursuant to article four-a of the compact shall be conduct which, if it had occurred in this state, would have constituted an offense or violation within the meaning of subparagraphs (i) and (iii) of paragraph (a) of subdivision two, paragraph (f) of subdivision three of section five hundred ten and subparagraph seven of paragraph (b) of subdivision two of section eleven hundred ninety-three of the vehicle and traffic law. (5) In any case where the application of subdivision five of section five hundred ten of the vehicle and traffic law would require or authorize a result different from that required by article five of the compact, said article five shall govern. S 516-a. Reciprocal driver license agreements with provinces of Canada. The commissioner may execute a reciprocal compact or agreement not inconsistent with the provisions of this chapter with the motor vehicle administrator or other authorized official of any province of Canada to effectuate the purposes set forth in subdivision (b) of article one of section five hundred sixteen of this article. S 516-b. Reciprocal agreements concerning reporting of traffic offenses and administrative action thereon. (a) The commissioner may execute a reciprocal compact or agreement not inconsistent with the provisions of this chapter with the motor vehicle administrator or other authorized official of another state concerning the reporting of convictions for traffic offenses occurring in each state by a person licensed in, or a resident of, the other state to such licensing or residence state and the treating of any such reported conviction in the same manner as if the conviction occurred in the licensing or residence state for the purpose of administrative action. Any such compact or agreement shall specify the offenses subject to the compact or agreement, and shall include a determination of comparable offenses in each state if any such offenses are of a substantially similar nature but are not denominated or described in precisely the same words in each party state. (b) The word "state" when used in this section shall mean any state, territory, a possession of the United States, District of Columbia or any province of Canada. (c) Traffic offenses which may be subject to a reciprocal compact or agreement entered into pursuant to this section shall be limited to the follwing types of offenses in this state and equivalent offenses in each party state: (1) Manslaughter, criminally negligent homicide and assault arising from the operation of a motor vehicle; (2) Operating a motor vehicle while under the influence of alcohol or a drug; (3) Any felony in the commission of which a motor vehicle is used; (4) Leaving the scene of a personal injury or fatal incident without reporting; (5) Any speeding offense; (6) Any offense consisting of disobeying any traffic control device; (7) Any offense involving failure to yield the right-of-way; (8) Any offense involving direction of traffic, overtaking or passing; 9. Any offense involving failure to use a safety belt or child re- straint device; (10) Reckless driving; and (11) Passing a stopped school bus. (d) Nothing in this section shall be construed to prohibit the reporting or recording of convictions or youthful offender or other juvenile adjudications other than those included in a reciprocal compact or agreement executed pursuant to this section when the laws of either state require or permit action to be taken or sanctions to be imposed on the basis of such convictions or youthful offender or other juvenile adjudications. Top of Page... VTL | Title 5 | Article 20 | s510 | s511 | s512 | s513 | s514 | s515 | s516 | s517
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