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Section 516 - NY Vehicle and Traffic Law

Section 516 | Article 20 | SUSPENSION AND REVOCATION

Section Description
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.

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