§ 338. Application to non-resident, other persons. (a) Whenever, by the laws of this state, the commissioner has the power to suspend or revoke a license if the operator or chauffeur were a resident, the commissioner shall have similar power to suspend or revoke the license or to forbid the operation of a motor vehicle in this state owned by such operator or chauffeur if the operator or chauffeur is a non-resident. And whenever by the laws of this state the commissioner has the power to suspend or revoke the registration certificates and registration plates if the owner were a resident, the commissioner shall have similar power to forbid the operation within this state of any motor vehicle if the owner is a non-resident.

Terms Used In N.Y. Vehicle and Traffic Law 338

  • Conviction: A judgement of guilt against a criminal defendant.
  • 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) All of the provisions of this article shall apply to any person who is not a resident of this state under the same circumstances as they would apply to a resident; and, in such event, such a non-resident shall not operate any motor vehicle in this state nor shall any motor vehicle owned by him be operated in this state, unless and until such non-resident or the owner of the motor vehicle, if another person, has complied with the requirements of this article with respect to furnishing security and giving proof of financial responsibility in the future.

(c) Upon conviction of a non-resident or in case of any unsatisfied judgment rendered against a non-resident which conviction or unsatisfied judgment results in suspension of such non-resident's driving privileges in this state and/or the prohibition of the operation within this state of any motor vehicle owned by such non-resident, the commissioner shall transmit a certified copy of any record of any such conviction or any such unsatisfied judgment or any other action pursuant to this article resulting in suspension of a non-resident's driving privileges in this state and/or the prohibition of the operation within this state of any motor vehicle owned by such non-resident to the motor vehicle commissioner or officer performing the functions of a commissioner in the state in which such non-resident resides.

In case a non-resident's failure to comply with the provisions of section three hundred thirty-five results in suspension of such non-resident's rights and privileges in this state and/or prohibition of the operation within the state of any motor vehicle owned by such non-resident, the commissioner shall transmit a certified copy of the record of such action to the motor vehicle commissioner or officer performing the functions of the commissioner in the state in which such non-resident resides, if the law of such other state provides for action in relation thereto similar to that provided for in subdivision (d) of this section.

(d) The commissioner shall take action as required anywhere in this article, upon receiving proper evidence that any resident of this state, has in any other state had his driving privileges suspended and/or the operation of any motor vehicle owned by him prohibited pursuant to a law of such other state providing for such suspension or prohibition because of a conviction or because of an unsatisfied judgment which would require the commissioner to suspend a non-resident's driving privileges had such a conviction or judgment been rendered in this state against a non-resident, provided, however, that no suspension or prohibition shall be effective until twenty days have elapsed from the date upon which notice of suspension shall have been mailed to the operator or owner during which period such operator or owner shall be permitted to submit evidence of satisfaction of the judgment or other evidence relating thereto.

Upon receipt of a certification that the operating privilege of a resident of this state has been suspended, revoked or cancelled in any such other state pursuant to a law providing for its suspension, revocation or cancellation for failure to deposit security for the payment of a judgment as may arise out of a motor vehicle accident under circumstances which would require the commissioner to suspend a non-resident's operating privilege had the accident occurred in this state, the commissioner shall suspend the license of such resident if he was the operator, and all of his registrations if he was the owner of a motor vehicle involved in such accident. Such suspension shall continue until such resident furnishes evidence of his compliance with the law of such other state relating to the deposit of such security.

(e) The word "state" when used in this section shall, unless the context clearly indicates otherwise, mean any state, territory or possession of the United States, the District of Columbia or any province of the Dominion of Canada.