Current through Register Vol. 46, No. 12, March 20, 2024
(a) Within
six months of entry of a conviction, a motorist may request that the
determination be vacated. The request shall be made, in writing, to the senior
administrative law judge in the area in which the violation was found to have
occurred. The request must be accompanied by documentary evidence which was not
reasonably available at the time of determination or appeal and may be made
only with regard to the following determinations and circumstances:
(1) Passing a red light or disobeying any
other traffic control device. The motorist must submit proof from the
appropriate traffic control authority that, within 24 hours of the violation,
not including holidays and weekends, the device was reported to be
malfunctioning, inoperable or in need of repair, and that such authority
subsequently corrected such defect or made such repair or remedied such defect.
The violator must include an explanation as to why such proof was not
reasonably available at the time of determination or appeal.
(2) Uninsured or permitting uninsured
operation. The violator must submit a letter, indicating appropriate insurance
coverage on the date in question, from an insurance company or from the
appropriate regulatory or governmental agency. A letter from an insurance agent
will not be acceptable. The violator must include an explanation as to why such
proof was not reasonably available at the time of determination or
appeal.
(3) Unregistered or
permitting unregistered operation. The violator must submit a document or
letter from the issuing authority showing proper registration, at the time of
the violation, in this State or in the state of residence if different from
this State. The violator must include an explanation why such proof was not
reasonably available at the time of determination or appeal.
(4) Unlicensed operation, permitting
unlicensed operation, aggravated unlicensed operation or permitting aggravated
unlicensed operation. The violator must submit a letter from the licensing
authority or authorities verifying that the operator of the vehicle had, at the
time of the violation, a valid New York or out-of-state driver's license that
was not suspended, revoked or canceled. The violator must include an
explanation as to why such proof was not reasonably available at the time of
determination or appeal.
(b) In the discretion of the senior
administrative law judge, a motion to vacate may be granted, denied or remanded
for a hearing and determination on any issue of fact or evidentiary issue
raised by the motion.
(c) No motion
to vacate judgment may be made if the violator has pending an appeal, pursuant
to Part 126 of this Title, and has submitted, as part of the appeal, the
evidence set forth in subdivision (a) of this section, nor if such an appeal,
accompanied by such evidence, has resulted in affirmance of the determination
by the appeals board.
(d) The
denial of a motion made pursuant to this section shall be appealable to the
Traffic Violations Appeals Board established pursuant to article 2-A of the
Vehicle and Traffic Law.
