VTL § 357, Failing to Report Convictions and Judgments

The Benjamin Goldman Law Office can help with New York Vehicle & Traffic Law matters. If you were charged with wilfully failing to report a conviction or judgment to the commissioner as required by VTL § 357, we can help. We can help with Article 7 (financial responsibility) and related charges in courts across the state. See our testimonials, courts we appear in, and contact us for a consultation.

VTL § 357 Statute

Failing to report convictions and judgments. Any person required to forward to the commissioner a record of a conviction or a judgment for damages as provided in section three hundred thirty-six, who wilfully fails or neglects to do so, shall be punished by a fine of not less than ten dollars for each separate offense.

Source: NYS Vehicle & Traffic Law § 357 (nysenate.gov)

Plain-English summary

VTL § 357 punishes anyone who is supposed to send the DMV commissioner records of certain convictions or court judgments—and who wilfully doesn’t. The obligation comes from VTL § 336 and falls on courts and other offices that handle those records, not on individual drivers. Fines start at ten dollars per offense. For most people charged with traffic tickets, this section is not the one they’ll see; it’s aimed at making sure the system gets the paperwork it needs to enforce financial responsibility.

What are the penalties?

• Fine: According to VTL § 357, a fine of not less than ten dollars for each separate offense.
• Points: No points but may appear on CMV record.
• Context: This provision applies to persons (including courts and officials) who have a duty under § 336 to forward conviction or judgment records to the commissioner.

Legislative history / impetus

VTL § 357 is part of Article 7, the Motor Vehicle Safety Responsibility Act (Page-Anderson Bill, effective January 1, 1942). Legislative history for Article 7 describes “reporting by Court Clerks to Commissioner of Motor Vehicles of all motor vehicle convictions (major offense) requiring or allowing suspension or revocation of operator licenses.” Section 357 enforces that reporting scheme by penalizing any person required to forward conviction or judgment records under § 336 who wilfully fails to do so.

Source: Harold M. Jones, The New York Motor Vehicle Safety Responsibility Act, 40 Proc. Cas. Actuarial Soc’y Am. 381 (1941–42); VTL § 336; NY Assembly/Senate bill search.

Defense analysis

Defenses include: (1) the defendant was not a “person required to forward” records under VTL § 336; (2) the failure was not “wilful”—e.g., inadvertent delay, reasonable belief that another office was responsible, or timely compliance; (3) the record at issue was not a “conviction” or “judgment for damages” as provided in § 336; (4) the defendant did forward the record. Statute: VTL § 357.

Benjamin Goldman Law Office

If you were charged with a VTL § 357 violation, the Benjamin Goldman Law Office can advise you. We can help with Article 7 and financial responsibility matters across New York. Contact us for a complimentary consultation via our contact page.

Fight Your VTL § 357 Charge