MTV-01-14-00005-P License Plates for Persons with Disabilities

1/8/14 N.Y. St. Reg. MTV-01-14-00005-P

NEW YORK STATE REGISTER

VOLUME XXXVI, ISSUE 1

January 08, 2014

RULE MAKING ACTIVITIES

DEPARTMENT OF MOTOR VEHICLES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. MTV-01-14-00005-P

License Plates for Persons with Disabilities

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 Part 24 of Title 15 NYCRR.

Statutory authority:

Vehicle and Traffic Law, sections 215(a) and 404-a

Subject:

License plates for persons with disabilities.

Purpose:

To conform part 24 to statutory provisions regarding license plates for persons with disabilities.

Text of proposed rule:

Paragraph (3) of subdivision (a) of section 24.2 is amended to read as follows:

(3) has a physical or mental impairment or condition which is other than those specified above, but is of such nature as to impose unusual hardship in utilization of public transportation facilities and such condition is certified by a podiatrist or an optometrist who is certified by the Education Department of the State of New York or a physician, physician assistant or nurse practitioner, to the extent authorized by law, including the education law, and consistent with any applicable written practice agreement, duly licensed to practice medicine in this state, as constituting an equal degree of disability (specifying the particular condition) so as to prevent such person from getting around without great difficulty; or

Section 24.4 is amended to read as follows:

24.4 Proof of severe disability. (a) Upon an original registration issued on or after April 1, 1981, or upon the renewal of a registration, the original of which was issued prior to April 1, 1981, proof of severe disability will be required and may be required upon subsequent renewals. Such proof shall consist of a letter signed by a physician, physician assistant, nurse practitioner, optometrist, or podiatrist on his or her letterhead (if licensed outside of this state, must include state of licensure and license or certification number) or of a statement from the Commission for the Blind and Visually Handicapped, or a certification from the Office of Vocational Rehabilitation, or from a hospital, clinic or medical facility. A copy of the letter or statement is acceptable as is a copy of a physician's, physician assistant’s, nurse practitioner’s, optometrist’s, or podiatrist’s letter submitted to obtain a New York State Handicapped Parking Permit or a New York City Special Vehicle Identification Permit. The letter or statement shall have been issued within the preceding year, except at the discretion of the district director or county clerk. The letter, certification or statement must certify that the applicant has one or more of the permanent disabilities or conditions listed in Section 24.2 of this Part.

(i) Certification of disability by a podiatrist. A podiatrist duly licensed to practice podiatry in this state may certify only those conditions which he or she treats in the course of the practice of podiatry, as defined by section seventy hundred one of the education law.

(ii) Certification of disability by an optometrist. An optometrist duly licensed to practice optometry in this state may certify only those conditions which he or she treats in the course of the practice of optometry, as defined in section seventy-one hundred one of the education law.

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, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Ida L. Traschen, Same as above.

Public comment will be received until:

45 days after publication of this notice.

This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.

Consensus Rule Making Determination

The purpose of this consensus rule is to conform 15 NYCRR 24 to the provisions of Vehicle and Traffic Law section 404-a, which deals with license plates for persons with severe disabilities.

Section 404-a of the VTL provides that a physician, a physician’s assistant, a nurse practitioner, a podiatrist or an optometrist are authorized to certify to the persons disability, so that such person may a obtain a license plate or, under VTL section 1203-a, handicapped parking permit for persons with disabilities. Such plates and permits allow persons with disabilities to park in a handicapped parking space. In accordance with the statute, the proposed rule also provides that a podiatrist duly licensed to practice podiatry in this state may certify only those conditions which he or she treats in the course of the practice of podiatry, as defined by section seventy hundred one of the education law. Similarly, an optometrist duly licensed to practice optometry in this state may certify only those conditions which he or she treats in the course of the practice of optometry, as defined in section seventy-one hundred one of the education law.

Since this proposed amendment merely conforms the regulation to existing statutory provisions, a consensus rule is appropriate.

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.