NYS unable to issue me permit because of old unpaid NH ticket?

Discussion in 'Questions From New Drivers' started by BlueThunderr, Jan 17, 2019.

  1. Moose1958

    Moose1958 Road Train Member

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    I have never heard of a (partial) suspension like this. Either the driver's license is suspended or it is not. I am also confused why the suspension when the case was parking? Parking tickets generally go against the vehicle and moving violations the driver. I have had a bad week. I might be wrong, but this whole conversation makes no sense to me. fail to take care of a parking ticket they put it on the plates and you are arrested if you are ever stopped. This is one of the reasons police officers are running those high-speed scanners today. A local cop drives through my apartment complex at least once a week and you can see them. I'm confused, something about this topic does not make any sense to me. And that fine? in my entire life, I have never seen a parking fine be anywhere that much. I have seen them get high when you add on wrecker service etc. Not trying to cause trouble, just saying-----
     
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  3. BlueThunderr

    BlueThunderr Medium Load Member

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    It wasn't a parking ticket...It was a reckless driving charge that at the time suspended my NH license for 3 months...I bolted NH I believe during the suspension and came to NY where they gave me a license.
     
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  4. brian991219

    brian991219 Road Train Member

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    It happens, I promise you. I had it happen to me personally twice. Back in 92 I got a ticket that I ignored, young and dumb. Didn't think anything of it until I was in a routine roadside inspection and the officer told me my cdl privilege was suspended. Took a trip to the court out in Owego, NY to pay the fine, trip to Albany, NY to have NY release the suspension then a trip to Harrisburg, PA to have PA record it on my record so I could go back to work.

    Wouldn't you know, same dang thing happened in 2004, got a no NY HUT ticket that was dismissed, well Harriman NY court didn't report the dismissal, and once again ended up in a roadside check with a suspended cdl down in Newark, DE. Same crap, only it cost me $5k in attorney fees as DE looks at driving a CMV with a suspended CDL as a felony. So I needed a NY lawyer to clear up the mistake in Harriman and a DE criminal attorney to represent me for the dismissal in DE.

    Since you are like me and like to see things in official terms, here is the guidance from the FMCSA website on this issue.
    Question 14: Is a driver who possesses a valid commercial driver’s license (CDL) issued by their State of residence, but who is suspended by another State for reasons unrelated to the violation of a motor vehicle traffic control law, disqualified from operating a commercial motor vehicle (CMV) in accordance with provisions of the Federal Motor Carrier Safety Regulations?*

    Guidance:

    Yes. Currently, both section 383.5, which defines the term disqualification as it applies to drivers required to have a CDL, and section 391.15, which applies to other CMV drivers subject to Federal Motor Carrier Safety Regulations, include the suspension of a person’s license or privilege to drive as an action requiring that person to be disqualified from operating a CMV. Neither of these regulatory provisions limit such suspensions to those imposed by the State where the driver is licensed, nor do these regulations specify the grounds upon which a suspension must be based.

    Be advised, however, that the Federal Motor Carrier Safety Administration has proposed in 66 FR 22499, Docket No. FMCSA-00-7382, published May 4,2001, to limit the basis of the suspension to those resulting from a driving violation. If the rule is finalized, the answer would be no.

    *Editor’s Note:This interpretation was issued after the interpretations were published in the Federal Register in April 1997.
     
  5. Moose1958

    Moose1958 Road Train Member

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    It appears as if I saw a parking ticket, sorry! However, I still mean my first sentence. If NH has suspended your license your license is gone! They don't separate a CDL like that.
     
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  6. Moose1958

    Moose1958 Road Train Member

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    @brian991219 I understand what you are saying. However, the license NH suspended was a non CDL. That part you posted is correct but does not apply in this case. If NH suspended NY is going to also do that!
     
  7. brian991219

    brian991219 Road Train Member

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    I want to add, the commercial privilege is suspended in all jurisdictions if it is suspended in one, however the non-commercial portion of your license stays valid unless the state that suspended you has an agreement with your home state. In my case New York and Pennsylvania did not have an agreement at the time, so PA never notified me of the suspension by NY and my license still showed valid, just CDL disqualified.
     
  8. brian991219

    brian991219 Road Train Member

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    We were typing at the same time, so not always. The two states must have a reciprocity agreement otherwise the suspension will not be honored. New York used to not cooperate with neighboring states, so it was common to get suspended in PA or NJ and go get a NY license the next day. Never a problem unless you were pulled over in the state you were suspended in. I believe this has been fixed, but maybe not if the OP is still having an issue.
     
  9. brian991219

    brian991219 Road Train Member

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    You may find this link interesting. It appears NY still does not cooperate on non-cdl suspensions with some other states. Scroll about half way down the page to point #1.

    Suspensions and revocations
     
  10. Moose1958

    Moose1958 Road Train Member

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    This is why I used the word (if). I don't know the whole story here. I just know if NY won't issue the CDL it looks as if they are honoring the possible NH (possible) suspension. the OPs answer is in NH, no point in trying to handle it in NY. Several years ago I helped a girl get her CDL because of a large unpaid fine from Missouri.

    Nothing against you, but I think I am going to back out of this. I wish the OP well.
     
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  11. brian991219

    brian991219 Road Train Member

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    Have a great night, good hearing from you as usual. And yes, he needs to go to NH to fix this, and even then it may be a moot point trying to get a cdl job for a few years until the reckless and suspension are clear for at least three years.
     
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