N.Y. Vehicle & Traffic Law Section 511-A
Facilitating aggravated unlicensed operation of a motor vehicle


1.

A person is guilty of the offense of facilitating aggravated unlicensed operation of a motor vehicle in the third degree when such person consents to the operation upon a public highway of a motor vehicle registered in such person’s name knowing or having reason to know that the operator of such vehicle is a person whose license or privilege of operating such motor vehicle in this state or privilege of obtaining a license issued to operate such motor vehicle by the commissioner is suspended, revoked or otherwise withdrawn by the commissioner and the vehicle is operated upon a public highway by such person.

2.

Facilitating aggravated unlicensed operation of a motor vehicle in the third degree is a traffic infraction. When a person is convicted thereof the sentence of the court must be:

(i)

a fine of not less than two hundred dollars nor more than five hundred dollars or (ii) a term of imprisonment of not more than fifteen days, or

(iii)

both.

3.

A person is guilty of facilitating aggravated unlicensed operation of a motor vehicle in the second degree when such person: (a) commits the offense of facilitating aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section after having been convicted of such offense within the preceding eighteen months; or (b) consents to the operation upon a public highway of a motor vehicle registered in such person’s name knowing or having reason to know that the operator of such vehicle is a person who has in effect three or more suspensions, imposed on at least three separate dates, for failure to answer, appear or pay a fine, pursuant to subdivision three of section two hundred twenty-six or subdivision four-a of section five hundred ten of this chapter; or (c) commits the crime of facilitating aggravated unlicensed operation of a motor vehicle in the third degree after having been convicted of such an offense two or more times within the preceding five years. For purposes of this subdivision, “motor vehicle” shall mean any vehicle for hire, including a taxicab, livery, as defined in § 121-E (Livery)section one hundred twenty-one-e of this chapter, coach, limousine, van or wheelchair accessible van, tow truck, bus or commercial motor vehicle as defined § 509-A (Definitions)section five hundred nine-a of this chapter. Facilitating aggravated unlicensed operation of a motor vehicle in the second degree is a misdemeanor. When a person is convicted of this crime pursuant to paragraphs (a) or (b) of this subdivision, the sentence of the court must be:

(i)

a fine of not less than five hundred dollars, nor more than seven hundred fifty dollars; or

(ii)

a term of imprisonment not to exceed sixty days; or

(iii)

both a fine and imprisonment; or

(iv)

where appropriate, a sentence of probation; or

(v)

a term of imprisonment as a condition of a sentence of probation as provided in the penal law. When a person is convicted of this crime pursuant to paragraph (c) of this subdivision, the sentence of the court must be:

(i)

a fine of not less than five hundred, nor more than one thousand dollars; or

(ii)

a term of imprisonment not to exceed one hundred eighty days; or

(iii)

both a fine and imprisonment; or

(iv)

where appropriate, a sentence of probation; or

(v)

a term of imprisonment as a condition of probation as provided in the penal law.

4.

A person is guilty of facilitating aggravated unlicensed operation of a motor vehicle in the first degree when such person consents to the operation upon a public highway of a motor vehicle registered in such person’s name knowing or having reason to know that the operator of such vehicle is a person who has in effect ten or more suspensions, imposed on at least ten separate dates, for failure to answer, appear or pay a fine, pursuant to subdivision three of section two hundred twenty-six or subdivision four-a of section five hundred ten of this chapter. For purposes of this subdivision, “motor vehicle” shall mean any vehicle for hire, including a taxicab, livery, as defined in § 121-E (Livery)section one hundred twenty-one-e of this chapter, coach, limousine, van or wheelchair accessible van, tow truck, bus or commercial motor vehicle as defined in § 509-A (Definitions)section five hundred nine-a of this chapter. Facilitating aggravated unlicensed operation of a motor vehicle in the first degree is a class E felony. When a person is convicted of this crime, the sentence of the court must be:

(i)

a fine in an amount not less than one thousand dollars nor more than five thousand dollars; and

(ii)

a term of imprisonment as provided in the penal law; or

(iii)

where appropriate, a sentence of probation; or

(iv)

a term of imprisonment as a condition of a sentence of probation as provided in the penal law.

5.

Upon a conviction of a violation of subdivision three or four of this section the commissioner shall revoke the registration of the motor vehicle for which the defendant’s consent is given and shall only be restored pursuant to the provisions of subdivision five of § 510 (Suspension, revocation and reissuance of licenses and registrations)section five hundred ten of this article. If such defendant is a corporation, partnership, association or other group, none of its officers, principals, directors or stockholders owning more than ten percent of the outstanding stock of the corporation shall be eligible to register the motor vehicle.

Source: Section 511-A — Facilitating aggravated unlicensed operation of a motor vehicle, https://www.­nysenate.­gov/legislation/laws/VAT/511-A (updated Sep. 22, 2014; accessed Mar. 23, 2024).

510
Suspension, revocation and reissuance of licenses and registrations
510–A
Suspension and revocation of commercial driver’s licenses
510–AA
Downgrade of commercial driver’s licenses
510–B
Suspension and revocation for violations committed during probationary periods
510–C
Suspension and revocation of learner’s permits and driver’s licenses for violations committed by holders of class DJ or class MJ learner’...
510–D
Suspension and revocation of class E driver’s licenses
511
Operation while license or privilege is suspended or revoked
511–A
Facilitating aggravated unlicensed operation of a motor vehicle
511–B
Seizure and redemption of unlawfully operated vehicles
511–C
Seizure and forfeiture of vehicles used in the unlicensed operation of a motor vehicle under certain circumstances
511–D
Aggravated failure to answer appearance tickets or pay fines imposed
512
Operation while registration or privilege is suspended or revoked
513
Certificate of magistrate
514
Certifying convictions, forfeitures and nonappearances to the commissioner and recording convictions
514–A
Notification of convictions, suspensions, revocations, cancellations and disqualifications by commercial motor vehicle operators
514–B
Certification of convictions, suspensions, revocations and disqualifications
514–C
Notification of non-resident commercial operator convictions
515
Alteration of convictions endorsed on licenses
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
517
Interstate compact guaranteeing appearance
518
Reciprocal agreements concerning suspension or revocation of registration of a motor vehicle for violations of toll collection regulations

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 511-A’s source at nysenate​.gov

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