4/15/09 N.Y. St. Reg. MTV-15-09-00012-P
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 56.11 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a) and 375(21-h)
Subject:
Posters on school buses.
Purpose:
Repeal provision authorizing DMV to approve signs on school buses.
Text of proposed rule:
Pursuant to the authority contained in Sections 215(a) and 375(21-h) the Vehicle and Traffic Law, the Commissioner of Motor Vehicles hereby amends the Regulations of the Commissioner of Motor Vehicles as follows:
Section 56.11 is REPEALED.
Text of proposed rule and any required statements and analyses may be obtained from:
Carrie L. Stone, Department of Motor Vehicles, Counsel's Office, Room 526, 6 Empire State Plaza, Albany, NY 12228, (518) 474-0871.
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
Consensus Rule Making Determination
Section 56.11 of the Commissioner's regulations is repealed to conform to Chapter 415 of the Laws of 1999.
Chapter 415 created a new Vehicle and Traffic Law section 375(21-h), which provides that:
21-h. It shall be unlawful for any motor vehicle having a seating capacity of more than seven passengers, and used primarily to transport pupils or pupils and teachers to and from school to be mounted with, or have placed or installed thereon any sign, placard or other display except as provided by law. Provided, however, that the provisions of this subdivision shall not apply to such motor vehicles operating in a city with a population of one million or more.
The sponsor's Memorandum in Support explained that:
A recent DMV regulation permits signs, no larger than 12 square feet, promoting a highway safety theme on the side of a school bus. The sign must be approved by the Commissioner of the Department of Motor Vehicles and the Governor's Traffic Safety Committee. Sponsors can be identified on the sign. The "yellow school bus" is a well-recognized symbol of safety and is familiar to all school-aged children and adults. Any signage on a school bus could distract the vision of the child or adults from recognition of the school bus regardless of the purpose. This bill does not include the New York City School District.
Thus, the sponsor intended to effectively repeal section 56.11, which allowed DMV to approve signs on school buses on a case by case basis. The New York City school district, however, is exempt from this prohibition and, according to a plain reading of the statute, does not require the Commissioner's approval of any signs or placards. This consensus proposal merely eliminates a rule rendered obsolete by a subsequent legislative enactment.
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.
