VTL § 509(9), Operating Before Giving Notice of Disability

The Benjamin Goldman Law Office helps motorists with all types of New York Vehicle & Traffic Law ("VTL") traffic tickets. If you were charged with operating a motor vehicle before giving required notice of disability to the DMV as required under VTL § 509(9), we can help. Our team is ready to assist with license and disability-notice matters in any court in New York State. Please see our testimonials, courts we appear in, and feel free contact us for a complimentary consultation.

VTL § 509(9) Statute

Whenever notice of disability is required to be given to the commissioner as required by this article, no person shall operate any motor vehicle until such notice has been given.

Source: NYS Vehicle & Traffic Law § 509(9) (nysenate.gov)

Plain-English summary

Some drivers must tell the DMV about a physical or mental condition that could affect their ability to drive—and they can’t drive until they’ve given that notice. VTL § 509(9) makes it a violation to operate a motor vehicle before the required notice has been given. It’s aimed at keeping the license file accurate so the DMV can require reexamination or take other steps. If you weren’t required to give notice, or you’d already given it before you drove, you’re not in violation. Penalties include a fine and possibly up to 15 days in jail.

Practical applicability

This applies when notice of disability is required to be given to the commissioner under Article 20 (Drivers’ Licenses), and the person operates a motor vehicle before having given that notice. It does not apply when no notice of disability is required by the article, when the person has already given the required notice before operating, or when the person was not “operating” a motor vehicle. See VTL § 509(9) and Article 20 provisions on disability reporting.

Defense analysis

Defenses include: (1) notice of disability was not “required to be given to the commissioner” under Article 20 for this licensee; (2) the person had already given the required notice before the alleged operation; (3) the defendant was not operating a motor vehicle; (4) mistake or reasonable belief that notice had been given or was not required. See VTL § 509(9).

What are the penalties?

• Fine and jail: Per VTL § 509(11), a violation of any provision of this section (other than subd. 7 or 8) shall be punishable by a fine of not less than seventy-five nor more than three hundred dollars, or by imprisonment for not more than fifteen days, or by both.
• Points: There are no points for this violation but it may appear on your driving record and may impact your insurance rates.

Source: NY Assembly/Senate bill search; VTL § 509(9).

Benjamin Goldman Law Office

If you are charged with a VTL § 509(9) violation, the team at the Benjamin Goldman Law Office will be glad to help. We can help with license and disability-notice matters across New York State. We are one of the largest traffic ticket defense firms in New York State having handled hundreds of thousands of tickets since its inception. The Benjamin Goldman Law Office has assisted motorists in over 75% of the approximately 1,000 justice courts and city court that handle traffic tickets. We are not aware of any other law firm that can make that claim. Please feel free to contact us for a complimentary consultation via our contact page.

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