MTV-13-07-00016-P Waiver of Road and Written Tests

3/28/07 N.Y. St. Reg. MTV-13-07-00016-P

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 13

March 28, 2007

RULE MAKING ACTIVITIES

DEPARTMENT OF MOTOR VEHICLES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. MTV-13-07-00016-P

Waiver of Road and Written Tests

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

Proposed action:

Amendment of sections 8.2 and 8.5 of Title 15 NYCRR.

Statutory authority:

Vehicle and Traffic Law, sections 215(a), 502(4)(a)(i), (b), (f), 508(1) and 508(4).

Subject:

Waiver of road and written tests.

Purpose:

To provide for the waiver of the road and written test if the applicant for an original license makes application for license within one year from the date he or she was last validly licensed in New York State.

Text of proposed rule:

Subdivision (b) of section 8.2 is amended to read as follows:

(b) if the applicant is applying for an original license after revocation of a prior New York license, provided that application is made within [one year] two years from the date subject was last validly licensed in this State.

Subdivision (c) of section 8.5 is amended to read as follows:

(c) if the applicant is applying for an original license after revocation of a prior New York license, provided that application is made within [one year] two years from the date subject was last validly licensed in this State.

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

Michele L. Welch, Counsel's Office, Department of Motor Vehicles, 6 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, Supervising Attorney, Department of Motor Vehicles, 6 Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228, [phone], e-mail: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory authority: Vehicle and Traffic Law (VTL) section 215(a) provides that the Commissioner of Motor Vehicles may enact rules and regulations that regulate and control the exercise of the powers of the Department. VTL section 502(4)(b) provides that the Commissioner may waive road test requirements for certain classes of applicants. VTL section 502(4)(f) provides that the Commissioner shall promulgate rules and regulations as are necessary to carry out the provisions of VTL section 502, Requirements for Licensing. VTL section 508(4) provides that the Commissioner may promulgate regulations with respect to the administration of the provisions Article 19, Licensing of Drivers. Thus, VTL sections 502(4)(f) and 508(4) give the Commissioner broad authority to promulgate regulations for the efficient and effective administration of procedures regarding the licensing of drivers. VTL section 502(4)(a)(i) provides that an applicant for a license shall be required to take and pass a test, or submit evidence of passage of a test, relating to traffic and the rules of the road, i.e., the written test. According to the Department's procedures, if a licensee has been revoked for less than two years from the date he or she was last validly licensed in this State, evidence of previously valid licensure is sufficient “evidence of passage of the written test,” permitting such test to be waived. VTL § 508(1) provides that the Commissioner may prescribe internal procedures with respect to the issuance of licenses.

2. Legislative objectives: Article 19 of the Vehicle and Traffic Law sets forth the requirements for driver's license applicants, including road and written test requirements. The purpose of these requirements is to insure that motorists are qualified to operate on our State's highways. The Legislature, however, has recognized that in certain situations it is appropriate to waive the road and written tests, where such waiver would provide for administrative efficiencies but would not diminish highway safety. The road and written test waiver requirements established in Part 8 accord with the Legislature's goals of insuring safe highways with strict licensing requirements, while giving the Commissioner discretion to waive certain requirements for experienced drivers who have already passed the road and written tests. This proposal, which would waive the road and written tests for applicants who have been revoked for less than two years, is consistent with Vehicle and Traffic Law section 502(6)(b) which provides that a license may be renewed if the application for such renewal is filed within two years from the date of expiration of the prior license. Thus, the Legislature has recognized that a licensee who has not held a license for two years may have such license restored without taking the road and written tests.

3. Needs and benefits: This proposal is necessary to increase efficiencies in Department of Motor Vehicles' offices while maintaining the Department's commitment to highway safety. Currently, if a driver's license is revoked, upon application for relicensure, the Department waives the road and written tests if such application is submitted within one year from the date the licensee was last validly licensed. There is no evidence that the waiver of these tests has in any way diminished highway safety. We now propose to waive the road and written tests if such application is submitted within two years from the date the licensee was last validly licensed. This amendment will align Part 8 with Vehicle and Traffic Law section 502(6)(b) which provides that a license may be renewed if the application for such renewal is filed within two years from the date of expiration of the prior license. Again, there is no evidence that renewing a license that has expired less than two years without requiring additional tests in any way diminishes highway safety.

This proposal will benefit the Department by reducing the number of road and written tests our already overburdened staff must give. It currently takes about 15 minutes to conduct a road test and from 10 to 30 minutes to complete a written test. It is estimated that adoption of this proposed amendment would eliminate approximately 2,800 road and written tests annually. This would free up Motor Vehicle License Examiners to road test first time license applicants who often must wait weeks to take the road test. Currently, a license applicant must wait approximately four weeks for a road test, with even longer time periods in the Downstate region of the State. In addition, the Department must employee 40 seasonal Motor Vehicle License Examiners during the summer to meet the road test needs. This proposal will reduce the road test lag time and the need for MVLEs.

The proposal will also benefit applicants for re-licensure who will not have to take these tests because they have already demonstrated their ability to pass such tests. It is critical to note that an application for re-licensure is only approved if it passes the strict requirements set forth in 15 NYCRR Part 136. This proposal does not lessen the weight afforded a Part 136 assessment, which examines a driver's entire driving history to assess whether he or she poses a highway safety risk. The assessment takes account of the number of alcohol violations and other serious traffic offenses, including operation with a suspended or revoked license.

4. Costs: a. Cost to regulated parties and customers: This proposal will have no impact on any regulated parties. There will be a $10.00 cost savings to DMV customers whose road and written tests are waived.

b: Costs to the agency and local governments: There is no cost to local governments.

Adoption of this regulation will result in the elimination of about 2,800 road and written tests annually. This will save valuable staff resources and allow such staff to attend to the needs of other DMV customers.

5. Local government mandates: There are no local government mandates.

6. Paperwork: There are no additional paperwork requirements associated with this proposal.

7. Duplication: This proposal does not duplicate, overlap or conflict with any relevant rule or legal requirement of the State and federal governments.

8. Alternatives: No significant alternatives were considered. A no action alternative was not considered.

9. Federal standards: The proposal does not exceed any minimum standards of the federal government for the same or similar subject areas.

10. Compliance schedule: The Department would begin compliance immediately.

Regulatory Flexibility Analysis

A RFA is not attached because this rule will not have a disproportionate impact on small businesses or local governments, nor will it impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments.

Rural Area Flexibility Analysis

A RAFA is not attached because this rule will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas.

Job Impact Statement

A JIS is not submitted because this rule will have no adverse impact on job creation or job development in New York State.