MTV-16-08-00008-P Pre-Conviction Conditional Licenses

4/16/08 N.Y. St. Reg. MTV-16-08-00008-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 16

April 16, 2008

RULE MAKING ACTIVITIES

DEPARTMENT OF MOTOR VEHICLES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. MTV-16-08-00008-P

Pre-Conviction Conditional Licenses

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 134 of Title 15 NYCRR.

Statutory authority:

Vehicle and Traffic Law, sections 215(a) and 1193(2)(e)(7)

Subject:

Pre-conviction conditional licenses.

Purpose:

To make technical amendments related to the pre-conviction conditional license.

Text of proposed rule:

Subdivisions (a) and (c) of section 134.18 are amended to read as follows:

(a) When a driver's license is suspended pending prosecution pursuant to section 1193(2)(e)(7) of the Vehicle and Traffic Law, the holder of such license may be issued a conditional license, 30 days after such suspension takes effect, provided such person is eligible for such a license as set forth in section 134.7 of this Part and section 1196 of the Vehicle and Traffic Law. Such license shall not be valid for the operation of a commercial motor vehicle or a taxicab. The holder of such license [Such person] shall not be required to and may not participate in the alcohol and drug rehabilitation program when issued a conditional license pursuant to this section.

(c) Revocation of conditional license. The provisions of section [134.9(c)] 134.9(d) of this Part shall be applicable to a conditional license issued under this section.

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

Heidi Bazicki, Counsel's Office, Department of Motor Vehicles, Six Empire State Plaza, Rm. 526, Albany, NY 12228, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

Section 1193(2)(e)(7) of the Vehicle and Traffic Law provides for the issuance of a pre-conviction conditional license in certain circumstances to persons suspended pending prosecution. Part 134.18(c) sets forth the criteria for the revocation of this conditional license by cross-referencing Part 134.9(c). Such cross reference should be to 134.9(d), Revocation of Conditional License.” This consensus rule corrects this inaccurate cross reference.

In addition, this regulation simply reflects the statutory language in Vehicle and Traffic Law sections 1193(2)(e)(7)(d) and 1196(7)(g) that a conditional license is not valid for the operation of a commercial motor vehicle or a taxicab.

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.