MTV-47-07-00019-P Driver License Requirements

11/21/07 N.Y. St. Reg. MTV-47-07-00019-P

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 47

November 21, 2007

RULE MAKING ACTIVITIES

DEPARTMENT OF MOTOR VEHICLES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. MTV-47-07-00019-P

Driver License Requirements

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

This a consensus rule making to amend Part 3 of Title 15 NYCRR.

Statutory authority:

Vehicle and Traffic Law, section 215(a), 501(2)(c) and 1198

Subject:

Driver license requirements.

Purpose:

To add an interlock device restriction.

Text of proposed rule:

Paragraph (3) of subdivision (c) of section 3.2 is amended to read as follows:

(3) The following is a listing of restrictions and codes for each restriction:

A ACCEL LEFT OF BRAKE

A3 SCHOOL BUS/MUNICIPAL VEHICLE

A4 INTERLOCK DEVICE

B CORRECTIVE LENSES

C MECHANICAL AID

D PROSTHETIC DEVICE

E AUTOMATIC TRANS

F HEARING AID OR FULL VIEW MIRROR

G DAYLIGHT DRIVING ONLY

H LIMITED TO EMPLOYMENT

I LIMITED USE AUTO

I1 LIMTD USE MCY MAX 40 MPH

I2 LIMTD USE MCY MAX 30 MPH

13 LIMTD USE MCY MAX 20 MPH

I4 THREE WHEEL MCY

J OTHER

K CDL INTRASTATE ONLY (DOES NOT PERMIT OPERATION OUTSIDE OF NYS IN INTERSTATE COMMERCE)

L NO AIR BRAKES

L1 NO AIR BRAKES CLASS A VEH

L2 NO AIR BRAKES CLASS B VEH

M PASS REST TO CLASS B VEH

N PASS REST TO CLASS C VEH

N1 NO PASS VEHICLE WITH DESIGNED ADULT SEATING CAPACITY OF 15 OR MORE PASSENGERS

N2 NO VEHICLE WITH DESIGNED ADULT SEATING CAPACITY OF 8 OR MORE PASSENGERS

O TRK/TRLR COMBI ONLY

O1 TRUCK/TRL COMBI/TRUCK NOT OVER 26,000 GVWR

P POWER BRAKES

Q POWER STEERING

R BUILT UP SEAT/PED/SHOE

S HAZMAT/SCHOOL VEHICLE

T CMV TRACTOR ONLY

U HAND OPERATED BRAKE

V FOOT OPER PARKING BRAKE

X FULL HAND CONTROL

Y SHOULDER HARNESS USE

Z WHEEL SPINNER

3 TELESCOPIC LENS

5 NO LIMITED ACCESS ROADS

Text of proposed rule and any required statements and analyses may be obtained from:

Heidi A. Bazicki, Department of Motor Vehicles, Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Ida L. Traschen, First Assistant Counsel, Department of Motor Vehicles, Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

Section 1198 of the Vehicle and Traffic Law establishes an ignition interlock program in New York State. Currently, when a defendant convicted of driving while intoxicated is required as a condition of probation to equip his or her vehicle with an interlock device, “interlock” is displayed on the driving abstract but not on the actual driver's license. This amendment will denote “interlock device” as the A4 restriction that will be displayed on the driver's license. It will provide notice to law enforcement officers that the license holder may only operate a motor vehicle if such vehicle is equipped with an interlock device. This device prevents the vehicle from starting if the operator has consumed alcohol.

Since this proposed amendment is minor in nature, a consensus rule is appropriate.

Job Impact Statement

A Job Impact Statement is not submitted with this proposed rule, because it will not have an adverse impact on job creation or development in New York State.