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 28 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a) and 405-i
Subject:
International Registration Plan.
Purpose:
Makes some minor technical changes and incorporates procedural changes.
Substance of proposed rule (Full text is posted at the following State website:www.dmv.ny.gov):
This consensus rule clarifies and makes technical corrections to Part 28, the International Registration Plan (IRP). The proposed rule does not impose new obligations on motor carriers, but rather, codifies in the regulation existing procedures.
For example, Part 28.2(b) incorporates requirements set forth in the Federal Performance and Registration Information Systems Management (PRISM) program. PRISM was developed to meet the challenge of reducing the number of commercial vehicle crashes of a rapidly expanding interstate carrier population. Through PRISM, information system connections between participating IRP vehicle registration agencies and the Federal Motor Carrier Safety Administration (FMCSA) provide the ability to check the safety status of motor carriers prior to issuing or renewing IRP license plates. In order for PRISM to work effectively, carriers must report their USDOT and taxpayer identification numbers to DMV, as well as other information required by the Federal Motor Carrier Administration. The collection of such numbers is codified in this regulation.
The regulation also clarifies current procedure regarding which vehicles are IRP eligible, staggered expiration dates for IRP registrations, and proof of payment or exemption of the Heavy Vehicle Use Tax and proof of clearance regarding the Highway Use Tax.
Text of proposed rule and any required statements and analyses may be obtained from:
Donna Vickery, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, (518) 474-0871, email: donna.vickery@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: donna.vickery@dmv.ny.gov
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
This proposed rule makes numerous minor technical changes to Part 28 and incorporates several procedures related to the International Registration Plan (IRP) into such Part.
As background, 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 IRP. The IRP is a registration reciprocity agreement among states of the United States, the District of Columbia and provinces of Canada providing for a single payment of registration fees on the basis of fleet distance operated in various jurisdictions. It calls for a single license plate or set of plates and a single cab card to be issued by only one jurisdiction for each vehicle in a fleet registered under the Plan, and so far as registration is concerned, that vehicle may be operated both interstate and intrastate in the appropriate jurisdictions. Application for entry into the program was made by the Commissioner as provided under the Plan and this State's entry was approved and endorsed by member jurisdictions on February 5, 1988.
The purpose of the proposed rulemaking is to update terminology and clarify language, and to incorporate procedures regarding the IRP that the Department has been requiring for years. The regulation does not impose any new requirements on motor carriers, but rather, clarifies and elucidates such procedures.
For example, Part 28.2(b) incorporates requirements set forth in the Federal Performance and Registration Information Systems Management (PRISM) program. PRISM was developed to meet the challenge of reducing the number of commercial vehicle crashes of a rapidly expanding interstate carrier population. It has increased the efficiency and effectiveness of Federal and State safety efforts through a more accurate process for targeting the highest-risk carriers, which allows for a more efficient allocation of scarce resources for compliance reviews and roadside inspections. The PRISM program requires that motor carriers improve their identified safety deficiencies or face progressively more stringent sanctions up to the ultimate sanction of a Federal Out-of-Service order and concurrent State registration suspensions through PRISM, information system connections between participating IRP vehicle registration agencies and the Federal Motor Carrier Safety Administration (FMCSA) provide the ability to check the safety status of motor carriers prior to issuing or renewing IRP license plates. In order for PRISM to work effectively, carriers must report their USDOT and taxpayer identification numbers to DMV, as well as other information required by the Federal Motor Carrier Administration. The collection of such numbers is codified in this regulation.
Since this proposed rulemaking imposes no new requirements on motor carriers, 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.
