VTL § 318-7, Failure to Surrender After Revocation

The Benjamin Goldman Law Office can help with New York Vehicle & Traffic Law ("VTL") violations, including Article 6 (financial security) matters. If you were charged with failing to surrender your license, registration, or plates after revocation under VTL § 318(7), we can help. In most scenarios, you will also be charged with VTL § 511 or VTL § 512. We can help with these charges as well. See our testimonials, courts we appear in, and contact us for a consultation.

Vehicle & Traffic Law § 318(7), Failure to Surrender License/Registration/Plates After Revocation

Under VTL § 318, the commissioner revokes or suspends registrations and drivers' licenses when proof of financial security is no longer in effect or when a person has operated a vehicle without insurance. Subdivision 7 provides that failure of the owner or licensee to deliver the certificate of registration, vehicle plates, or driver's license to the commissioner after revocation thereof, or as otherwise provided in section 312, shall constitute a misdemeanor. Surrender is required to maintain administrative control and ensure revoked privileges are not misused. The NY DMV enforces these requirements.

What are the penalties?

• Fine and jail: Per the Vehicle & Traffic Law Manual for Local Courts (Magill 2024), this is a misdemeanor. First offense: $0–$300 fine, 0–30 days in jail; second and third offenses within 18 months carry higher penalties.
• Points: 0 points.
• Surcharge: $88 or $93 surcharge applies.

VTL § 318(7) Statute

7. Failure of such owner or licensee to deliver a certificate of registration, number plates or driver's license to the commissioner after revocation thereof or as otherwise provided in section three hundred twelve shall constitute a misdemeanor.

Source: NYS Vehicle & Traffic Law § 318(7) (nysenate.gov)

Legislative History / Impetus

VTL § 318(7) provides that failure of the owner or licensee to deliver the certificate of registration, number plates, or driver's license to the commissioner after revocation (or as otherwise provided in section 312) shall constitute a misdemeanor. It sits within Article 6 (Motor Vehicle Financial Security Act), which ties license and registration revocation to lapses in proof of financial security. The purpose is to ensure revoked documents and plates are returned so they cannot be misused.

When Does This Apply to You?

This applies when you are an owner or licensee whose registration, plates, or driver's license has been revoked and you fail to deliver the certificate of registration, number plates, or driver's license to the DMV. It does not apply when you have surrendered the required items as directed, or when the revocation was not under Article 6/§ 312, or when you are not the "owner or licensee" obligated to surrender. (VTL §§ 312, 318(7), nysenate.gov.)

Defense Analysis

Defenses include: (1) Surrender was made—you did deliver the documents/plates (proof of delivery, receipt). (2) The revocation was not yet effective or was "stayed". (3) You were not the "owner or licensee" required to surrender (e.g., vehicle sold, license was not yours). (4) Compliance as otherwise provided in § 312 (e.g., surrender to court or other authorized recipient if so provided). (5) No duty to surrender yet (notice defect, timing). (VTL §§ 312, 318(7); see also VTL § 340 (surrender requirement).)

Plain-English Summary

VTL § 318(7) makes it a crime to keep your license, registration, or plates after the DMV has revoked them under the insurance-related rules (Article 6). Once you're revoked for lack of financial security, you're supposed to turn those items in; if you don't, you can be charged with this misdemeanor.

It applies to the person whose documents were revoked. Defenses include showing you did surrender (receipt, proof), or that you weren't the one obligated to surrender. There's no reported case law on this subdivision; in practice the focus is often on getting into compliance and addressing the underlying revocation.

Benjamin Goldman Law Office

If you were charged with a VTL § 318(7) violation, the Benjamin Goldman Law Office can advise you. We can help with these charges and other traffic-related matters in New York State. Contact us at your convenience for a complimentary consultation via our contact page.

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