Class Action Complaint - RANDALL S. NEWMAN, PC - WOW, I'm really loving V&T § 318.1

Thanks judge for confirming that we DON'T need a "license" plate or "insurance" unless it's a "Motor Vehicle" :)

www.randallnewman.net/wp-content/uploads/2013/04/13cv2235-Complaint.pdf

JURISDICTION AND VENUE

7. Diversity subject matter jurisdiction exists over this class-action pursuant to the
Class Action Fairness Act of 2005, Pub. L. No. 109-2,119 Stat. 4 (“CAFA”), amending 28 USC
§1332, at new subsection (d), conferring federal jurisdiction over class actions involving (a) 100
or more members in the proposed Class; (b) at least some members of the proposed class have
different citizenship from some Defendants and (c) the claims of the proposed class members
exceed the sum or value ?ve million dollars ($5,000,000) in the aggregate. 28 U.S.C.
§l332(d)(2) and (6).

8. Venue in this District is proper in that the Defendant transacts business here and
the conduct complained of occurred here.
Page 3

FACTUAL ALLEGATIONS COMMON TO ALL CLASS MEMBERS

9. New York Vehicle and Traffic Law (“Vehicle Law”) § 318.1 requires all owners
of motor vehicles with New York license plates to maintain liability insurance coverage on those
vehicles at all times, even if not driven, unless the owner surrenders the license plates.

10. In the event that there is a lapse of insurance coverage for 90 days or less, a
vehicle owner has a choice of paying a civil penalty or turning the license plates in to the DMV
for a suspension period.

11. The civil penalty option is not available if the insurance lapse was for more than
90 days or if the owner used the civil penalty option for a registration suspension within the
previous 36 months.
12. The civil penalty is calculated as follows:
Insurance Lapse
In Days Civil Penalty
1-30 days $8 per day
30-60 days $10 per day
6l_90 days $12 per day
13. Therefore, for example, if there is an insurance lapse of 25 days, an owner can
pay a civil penalty of $200 ($8 per day for 25 days) and keep his license plates or the owner must
surrender the license plates and serve a registration suspension of 25 days.

14. In the event that a registration suspension period exceeds 90 days, the DMV will
also suspend the registrant’s driver’s license.