N.Y. Vehicle and Traffic Law 330 – Commissioner to administer article; may require proof; court review
§ 330. Commissioner to administer article; may require proof; court review. (a) The commissioner shall administer and enforce the provisions of this article.
Terms Used In N.Y. Vehicle and Traffic Law 330
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) The commissioner is hereby authorized to adopt and enforce such regulations as may be necessary for the administration of this article.
(c) Upon any reasonable ground, appearing on the records of the bureau, the commissioner may suspend or revoke the operator's or chauffeur's license of any person and may suspend or revoke any and all of the registration certificates or registration plates for any motor vehicle and may refuse to issue to any such person any new or renewal license or to register in the name of such person any motor vehicle unless and until such person gives proof of his financial responsibility in the future as hereinafter provided in this article.
Any person furnishing proof of financial responsibility pursuant to this subdivision may be relieved from continuing to furnish such proof in the discretion of the commissioner provided three years have elapsed since such proof was first furnished during which period such person has not been convicted of, or forfeited bail given on being charged with, any of the offenses specified in subdivision two of section five hundred ten of this chapter and no charges of any of such offenses are pending against such person. The affidavit of such person shall be accepted as proof of the facts therein stated, in the absence of evidence to the contrary before the commissioner.
(d) Any person aggrieved by an order or act of the commissioner under this section or under provisions of this article, may maintain a proceeding under Article 78 of the civil practice law and rules to review, but the commencement of such a proceeding shall not suspend the order or act unless a stay thereof shall be allowed by said court pending final determination of the review.
(e) The provisions of subdivision seven of section five hundred ten of this chapter shall apply to a suspension under this article.