§ 514 Certifying convictions, forfeitures and nonappearances to the commissioner and recording convictions
VTL § 514
1.
(a)Upon a judgment of conviction of any person of (a) homicide or assault arising out of the operation of a motor vehicle, (b) criminally negligent homicide arising out of the operation of a motor vehicle, (c) a felony involving the use of a commercial motor vehicle, (d) a violation of any of the provisions of this chapter (except one relating to parking, stopping or standing) or (e) a violation of any law, ordinance, rule or regulation made by local authorities in relation to traffic (except one relating to parking, stopping or standing) or upon the forfeiture of bail given upon a charge of violating any such provision, law, ordinance, rule or regulation, the court or the clerk thereof shall within fifteen days certify the facts of the case to the commissioner in such form and in such manner as may be prescribed by the commissioner, who shall record the same in his office. Such certificate shall be presumptive evidence of the facts recited therein. If any such conviction shall be reversed upon appeal therefrom, or shall be vacated or set aside, the person whose conviction has been so reversed, vacated or set aside may serve on the commissioner a certified copy of the appropriate order and the commissioner shall thereupon record the same in connection with the record of such conviction.
(b)Notwithstanding the provisions of paragraph (a), upon a judgment of conviction for any offense for which a mandatory suspension or revocation is required to be imposed, or a permissive suspension or revocation is imposed by the court, the court or the clerk thereof shall within ninety-six hours of the imposition of sentence file the certificate required by paragraph (a) along with the license, when surrendered at sentencing.
(c)Notwithstanding the provisions of paragraphs (a) and (b), the commissioner may prescribe time limitations for the reporting of judgments of conviction and transmission of such license that are longer than those prescribed by this section for any courts to which this section is applicable.
(d)Notwithstanding the provisions of paragraphs (a), (b) and (c) of this subdivision, upon a judgment of conviction for a violation of any provisions of this chapter or of any local law, rule, ordinance or regulation relating to traffic (except one related to parking, stopping or standing), the court or the clerk thereof shall, within ninety-six hours of the imposition of the sentence, file the certificate required by paragraph (a) of this subdivision, if the person convicted: (i) is the holder of a commercial learner's permit or a commercial driver's license issued by another state; or (ii) does not hold a commercial learner's permit or a commercial driver's license, but has been issued a license by another state and is convicted of a violation that was committed in a commercial motor vehicle, as defined in subdivision four of section five hundred one-a of this title.
3.
(1)any of the provisions of this chapter except one for parking, stopping or standing and except those violations described in paragraphs (a), (b), (d), (e) and (f) of subdivision two and in paragraphs (a), (b), (d), (e), (f) and (g) of subdivision two-a and in paragraphs (a), (b), (d), (e), (f) and (g) of subdivision two-b of section three hundred seventy-one of the general municipal law;
(2)section five hundred two or subdivision (a) of section eighteen hundred fifteen of the tax law;
(3)section fourteen-f (except paragraph (b) of subdivision four of section fourteen-f), two hundred eleven or two hundred twelve of the transportation law; or
(4)any lawful ordinance or regulation made by a local or public authority relating to traffic (except one for parking, stopping or standing);
the clerk thereof shall within ten days certify that fact to the commissioner, in the manner and form prescribed by the commissioner, who shall record the same in his or her office. Thereafter and upon the appearance of any such person in response to such summons or the receipt of the fine by the agency or such person's entry into an installment payment plan, the traffic and parking violations agency, the traffic violations agency or the clerk thereof shall forthwith certify that fact to the commissioner, in the manner and form prescribed by the commissioner.
4.
4-a.
§ 5. Upon the conviction of any person under eighteen years of age who resides within the household of his parent or guardian, the trial court or clerk shall forthwith transmit written notice of such conviction to the parent or guardian of such minor person; provided, however, that transmittal of such notice of conviction shall not be required in any case in which notice of arraignment of such person upon the charge or charges of which convicted is required by, and shall have been previously transmitted as provided in, subdivision two of section eighteen hundred seven of this chapter.
6.Notwithstanding any inconsistent provision of this section, the commissioner may exempt by regulation additional provisions of this chapter or of other laws, ordinances, rules or regulations from the requirements of subdivisions one and two.
7.Any person chargeable with the duty of reporting to the commissioner a conviction, bail forfeiture, the fact that a person failed to appear or answer pursuant to a summons, or the fact that a person has answered or appeared, or in the case of an administrative tribunal that a person has complied with the rules and regulations of said tribunal following entry of a final decision, who wilfully fails or neglects to do so, shall be punishable by a fine of not more than twenty-five dollars for each separate offense.
