N.Y. Comp. Codes R. & Regs. tit. 15 § 125.6

Current through Register Vol. 46, No. 51, December 18, 2024

Section 125.6 - Motion to vacate judgment

(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.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 125.6