PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend section 28.1 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a) and 405-I
Subject:
International Registration Plan.
Purpose:
To remove the exemption for charter buses from the International Registration Plan.
Text of proposed rule:
Paragraph (3) of subdivision (c) of section 28.1 is amended to read as follows:
(3) Exceptions. Notwithstanding the provisions of paragraphs (1) and (2) of this subdivision, recreational vehicles, vehicles displaying restricted plates[,chartered buses] and government-owned vehicles, are not apportionable vehicles but may be registered under the plan at the option of the registrant. [Buses used in the transportation of chartered parties are not subject to IRP registration, but may be IRP registered at the option of the registrant.] For the purposes of this Part, restricted plates issued by this State shall be agricultural commercial plates, special purpose commercial plates, historical plates and farm plates.
Text of proposed rule and any required statements and analyses may be obtained from:
Heidi Bazicki, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, (518) 474-0871, email: heidi.bazicki@dmv.ny.gov
Data, views or arguments may be submitted to:
Ida L. Traschen, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, (518) 474-0871, email: ida.traschen@dmv.ny.gov
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The purpose of this consensus rule is remove the exemption for charter buses from the International Registration Plan (the Plan), thereby requiring such buses to register with IRP or obtain a trip permit from the appropriate jurisdiction.
Chapter 755 of the Laws of 1987 authorized the Commissioner of Motor Vehicles to enter into a reciprocal agreement to have this State become a member of the International Registration Plan. The International Registration Plan is a registration reciprocity agreement among states of the United States and provinces of Canada providing for payment of license fees on the basis of total distance operated in all jurisdictions.
The unique feature of this Plan is that, even though license fees are paid to the various jurisdictions in which fleet vehicles are operated, only one license plate and one cab card is issued for each fleet vehicle when registered under the Plan. A fleet vehicle is known as an apportioned vehicle and such vehicle, so far as registration is concerned, may be operated both inter-jurisdictionally and intra-jurisdictionally.
The members of the Plan voted on September 18, 2014 to remove the exemption for charter buses. This change makes sense for two reasons. First, it aligns charter buses with other buses, all of which are subject to the Plan. Second, charter buses will be subject to the federal Performance and Registration Information Systems Management (PRISM) program which monitors carrier and drivers safety.
The DMV has been working with motor carriers that operate charter buses to insure a smooth transition to the Plan. The DMV expects no opposition to this proposed amendment and, therefore, it is submitted as a consensus rule.
Job Impact Statement
A Job Impact Statement is not submitted with this rule because it will not have an adverse impact on job creation or development.
