2/10/16 N.Y. St. Reg. TRN-45-15-00002-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 127.1, 127.3 and 127.4 of Title 17 NYCRR.
Statutory authority:
Transportation Law, section 14(18); Highway Law, section 52
Subject:
Liability insurance policies required for Highway Work Permits.
Purpose:
To make it easier and less costly for permittees to obtain the liability coverage necessary to obtain Highway Work Permits.
Text or summary was published
in the November 10, 2015 issue of the Register, I.D. No. TRN-45-15-00002-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
David E. Winans, Associate Counsel, NYS Department of Transportation, Office of Legal Services, 50 Wolf Road, 6th Floor, Albany, NY 12232, (518) 457-2411, email:
david.winans@dot.ny.govRevised Job Impact Statement
The proposed rule changes should not have any impact on jobs because the resulting permit activity should be unaffected. The New York State Department of Transportation (NYSDOT) is clarifying the type of insurance that is required for permit work and expanding the options for insurance that may be supplied. This insurance is available at little or no extra cost.
2. Categories and numbers affected:
NYSDOT issues between 6,500 and 7,500 highway work permits each year. Over half of these permits are issued for various utility activities and operations. Almost all of the utility permits are issued upon an “undertaking” procedure that will be unaffected by the changes in the regulations. Some of the remaining 3,250-3,750 permits are also issued by using an undertaking, however the existing regulations require the purchase of an insurance policy naming the State of New York as the only insured, or the payment if an “insurance fee.” Changes in the regulations will clarify the requirements of the insurance policy and provide an alternative insurance policy for the State that the permittee can buy if they do not have the required insurance and don’t want to buy it for themselves.
3. Regions of adverse impact:
No disparate adverse impact on jobs in any region is anticipated. There should be no impact on insurance cost even in the most densely urbanized areas where medical expenses are highest, where the attitude is more litigious and where the cost of insurance claims is correspondingly higher. This is because permittees already operate in this environment and the levels and costs of insurance that permittees are should already have is not expected to change.
4. Minimizing adverse impact:
The rule changes allow permittees to utilize a type of insurance that is generally available and frequently in place, and remove a requirement that permittees buy a policy of insurance that may be expensive and not commercially available.
Assessment of Public Comment
The agency received no public comment.
