VTL § 355, Operating While License/Registration Suspended or Revoked (Article 7)

VTL § 355 is part of Article 7 (Motor Vehicle Safety Responsibility Act) and applies when your license or registration is suspended or revoked because you were required to furnish proof of financial responsibility. If you were charged with operating—or permitting operation of—a vehicle while under that suspension or revocation, we can help. The Benjamin Goldman Law Office has helped many motorists charged with VTL 355 and we have been successful in getting the charges modified to non-criminal charged or dismissed entirely. Our firm can help with tickets in courts across New York State. Please see our testimonials, courts we appear in, and contact us for a free consultation.

VTL § 355 Statute

Any person whose operator's or chauffeur's license or registration certificate or other privilege to operate a motor vehicle has been suspended or revoked, restoration thereof or the issuance of a new license or registration being contingent upon the furnishing of proof of financial responsibility, and who during such suspension or revocation or in the absence of full authorization from the commissioner shall drive any motor vehicle upon any highway or knowingly permits any motor vehicle owned by such person to be operated by another upon any highway except as permitted hereunder, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to the penalties provided by section five hundred eleven of this chapter.

Source: NYS Vehicle & Traffic Law § 355 (nysenate.gov)

Plain-English Summary

VTL § 355 makes it a crime to drive—or to let someone else drive your car—when your license or registration has been suspended or revoked because of no insurance. It's a misdemeanor and penalties are under VTL § 355, including possible jail time and significant fines.

Most motorists charged under VTL § 355 are also charged with VTL § 511 (suspended license) or VTL § 512 (suspended registration). VTL § 511 is more serious because that also has 11 points.

What are the penalties?

• Fine and jail: Per the NY State Legislature, a misdemeanor: $200–$500 fine, 0–30 days in jail.
• Points: If also charged with VTL § 511, DMV assigns 11 points to incidents of driving while suspended or revoked for violations committed on or after February 16, 2026.
• Surcharge: $88 or $93 surcharge applies.

Legislative History / Impetus

VTL § 355 (Article 7, Motor Vehicle Safety Responsibility Act) makes it a misdemeanor for a person whose license or registration has been suspended or revoked—with restoration contingent on furnishing proof of financial responsibility—to drive on a highway or knowingly permit a vehicle they own to be operated by another during that suspension/revocation, except as permitted. Penalties are as provided in VTL § 511. The purpose is to enforce the post-accident/conviction proof-of-responsibility regime and keep suspended/revoked drivers off the road. The creation of Article 7 dates to the mid-twentieth century.

Defense Analysis

Defenses include: (1) No suspension/revocation—your license or registration was not under suspension or revocation at the time. (2) Restoration not contingent on proof—the suspension was under a different scheme (e.g., not Article 7), so § 355 does not apply. (3) Full authorization from commissioner—operation was permitted. (4) You did not "drive" or did not "knowingly permit" (e.g., did not own the vehicle or did not know it was being operated). (5) Not on a "highway." (6) Procedural defenses (insufficient notice of revocation, jurisdiction). (VTL § 355; People v. Pacer, 6 N.Y.3d 504 (2006) (notice of suspension); general operating-while-suspended defenses.)

This applies only when the suspension or revocation is the kind that requires you to furnish proof under Article 7. Other "driving while suspended" situations fall under different sections (e.g., § 511, § 512). Defenses include showing there was no valid suspension, you had the commissioner's permission to drive, or you didn't know the vehicle was being operated.

Benjamin Goldman Law Office

If you were charged with a VTL § 355 violation, the Benjamin Goldman Law Office can advise you. We can help with Article 7 and other traffic-related matters across New York. Contact us for a complimentary consultation via our contact page.

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