MTV-52-08-00001-P Electronic Tags Used to Identify a Vehicle for Parking or Security Purposes

12/24/08 N.Y. St. Reg. MTV-52-08-00001-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 52

December 24, 2008

RULE MAKING ACTIVITIES

DEPARTMENT OF MOTOR VEHICLES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. MTV-52-08-00001-P

Electronic Tags Used to Identify a Vehicle for Parking or Security Purposes

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 174.5 of Title 15 NYCRR.

Statutory authority:

Vehicle and Traffic Law, sections 215(a) and 375(1)

Subject:

Electronic tags used to identify a vehicle for parking or security purposes.

Purpose:

To display electronic tags on inside of the windshield in the lower left hand corner without prior approval of Commissioner.

Text of proposed rule:

Part 174 is amended by amending section 174.5 to read as follows:

174.5. Parking or Security Stickers.

(a) Subject to the limitations of this section, stickers identifying a vehicle for parking or security purposes may be placed on the inside of the windshield in the lower right hand without prior approval of the Commissioner. Electronic tags identifying a vehicle for parking or security purposes may be placed on the inside of the windshield in the lower left hand corner without prior approval of the Commissioner.

(b) Stickers or electronic tags may not be of a size that would interfere with visibility. The front surface of the sticker must be gummed so that it may be attached to the inside of the windshield.

(c) No vehicle may display more than two parking or security stickers or electronic tags, or combination thereof.

(d) This section shall not apply to military installations (but see Section 174.8)

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

Heidi A. Bazicki, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 526, Albany, NY 12228, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Everett Mayhew, Assistant Counsel, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 526, Albany, NY 12228, [phone]

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

Display of windshield stickers of any kind is controlled by 15 NYCRR Part 174. Currently only the registration sticker (174.2) and inspection sticker (174.3) are allowed to be placed on the lower left corner of the windshield. Placement of parking (or security) stickers is controlled by 174.5(a) which says: "Subject to the limitations of this section, stickers identifying a vehicle for parking or security purposes may be placed on the inside of the windshield in the lower right hand corner without prior approval of the Commissioner."

Due to the structural design of certain parking garages, the electronic tag is only effective if it is placed in the lower left hand corner. This regulation accommodates this need by permitting the placement of such tags in the lower left hand corner.

This is submitted as a consensus rule because it is a minor rule that addresses the changing needs of the parking industry.

Job Impact Statement

A Job Impact Statement is not submitted with this proposed rule because it will have no adverse impact on job development in New York State.