PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
Amendment of section 21.2 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a) and 404(3)
Finding of necessity for emergency rule:
Preservation of public health, public safety and general welfare.
Specific reasons underlying the finding of necessity:
It is necessary to adopt this amendment on an emergency basis, to protect the health, safety and general welfare of the citizens of New York State, effective immediately upon filing with the Department of State.
This amendment is adopted as an emergency measure to authorize the issuance of a temporary plate to vehicles registered to State agencies or to political subdivisions. On April 3, 2014, the Department of Motor Vehicles will institute a new process for the manufacture of State and political subdivision license plates that will, in part, enhance law enforcement’s ability to identify State and official vehicles used for emergency management purposes.
This rule permits the Commissioner to authorize the issuance of a temporary plate for use by State agencies and political subdivisions while the permanent plate is manufactured. An integral part of the new plate manufacturing process is to clearly identify Emergency Management (EM) designated vehicles that are used during emergency situations. The Department of Homeland Security and Emergency Services has established the criteria governing eligibility to receive an Emergency Management (EM) indicator on the new style license plate. The purpose of the EM indicator is to ensure that local government and State agency personnel who serve a critical role in emergency response and management (as outline in Executive Law, Article 2B) have access to incident locations as well as reserved assets such as emergency fuel supplies. Although most first responder vehicles are clearly identifiable, this program ensures that official vehicles not clearly marked for emergency purposes are appropriately identified.
The new manufacturing process requires that the new plates be produced after the registration application is received, therefore requiring the issuance of a temporary plate for use pending the production of the permanent plate.
Subject:
Temporary License Plates.
Purpose:
To permit the issuance of Emergency plates to State and Local Governments.
Text of emergency/proposed rule:
A new subdivision (c) is added to section 21.2 to read as follows:
(c) New or replaced official registration plates(s). A motorist operating a motor vehicle registered by any political subdivision or state agency eligible for official registration plates may operate or park the motor vehicle or trailer upon the public highways after the subdivision or agency has applied for, or is waiting for the issuance of, an original or duplicate plate(s), if the motorist places a temporary substitute plate issued by the Department of Motor Vehicles in the rear window, and provided all the requirements of section 21.5 of this Part are met. Such motorist must be able to produce the registration document issued at the time of registration. Temporary substitute plates shall be valid for a period not to exceed 30 days from the date issued.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire July 1, 2014.
Text of rule and any required statements and analyses may be obtained from:
Michelle Seabury, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, (518) 474-0871, email: michelle.seabury@dmv.ny.gov
Data, views or arguments may be submitted to:
Ida L. Traschen, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, (518) 474-0871, email: ida.traschen@dmv.ny.gov
Public comment will be received until:
45 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
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. Section 404(3) of the VTL provides that the Commissioner may issue plates for the identification of State and municipal vehicles and that such plates are exempt from the payment of fees.
2. Legislative objectives: Section 404(3) of the VTL authorizes the Commissioner to issue “official” plates to State agencies and local governments. The Department of Motor Vehicles is initiating a new program whereby the Department will issue “Emergency Management” (EM) official plates to State agencies and political subdivisions. . Although most first responder vehicles are clearly identifiable, this program ensures that official vehicles not clearly marked for emergency purposes are appropriately identified.
The new manufacturing process requires that the new plates be produced after the registration application is received, therefore requiring the issuance of a temporary plate for use pending the production of the permanent plate. Therefore, this rule is necessary to comply with the legislative objective of issuing official plates in an effective manner.
3. Needs and benefits: The proposed rule would permit the Commissioner to authorize the issuance of a temporary plate for use by State agencies or political subdivisions while the permanent plate is being manufactured.
Currently, the Commissioner issues license plates, which have no expiration date and which are fee exempt, to State agencies and political subdivisions. Such plates are stocked in Department of Motor Vehicles’ issuing offices and are issued randomly as registration applications are submitted.
Effective April 3, 2014, the Commissioner will issue a limited number of plates to clearly identify Emergency Management (EM) designated vehicles for use during an emergency situation. The Department of Homeland Security and Emergency Services has established the criteria governing eligibility to receive an Emergency Management (EM) license plate. The purpose of the EM plate is to ensure that local government and State agency personnel who serve a critical role in emergency response and management (as outlined in Executive Law, Article 2B) have access to incident locations as well as reserved assets such as emergency fuel supplies. Although most first responder vehicles are clearly identifiable, this program ensures that official vehicles not clearly marked for emergency purposes are appropriately identified.
The new manufacturing process requires that the new plates be produced after the registration application is received, therefore requiring the issuance of a temporary plate for use pending the production of the permanent plate.
4. Costs: a. Cost to regulated parties and customers: There is no cost to regulated parties or customers.
b. Costs to the agency and local governments: There is no cost to local governments because there is no charge for the license plates. The cost to the State for producing the EM plate is nominal.
5. Local government mandates: The DMV is notifying all political subdivisions of their eligibility for the EM plates. The political subdivisions have the option to apply for such plates, but such plates are not mandatory.
6. Paperwork: If a political subdivision wishes to obtain the EM plates, it will need to submit only one application for all of its EM vehicles.
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: The EM plate initiative is part of a broader Governor’s Office emergency management program and the Department consulted with the Department of Homeland Security and Emergency Services on the implementation of the initiative. The Department did not consider other alternatives. 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 believes all affected parties will be able to achieve compliance immediately.
Regulatory Flexibility Analysis
1. Effect of rule: The proposed rule would have no effect on small business. This proposed rule would affect approximately 1,550 local governments.
2. Compliance requirements: The DMV is notifying all political subdivisions of their eligibility for the EM plates. The political subdivisions have the option to apply for such plates, but such plates are not mandatory. If a political subdivision wishes to obtain the EM plates, it will need to submit only one application for all of its EM vehicles.
3. Professional services: This regulation would not require local governments to obtain professional services.
4. Compliance costs: There would be no compliance costs for local governments. The Department of Motor Vehicles issues official plates for no fee.
5. Economic and technological feasibility: The proposed rule imposes no economic burden on local governments because official plates are issued for no fee, and there are no technological requirements resulting from this rule.
6. Minimizing adverse impact: This proposal has no adverse impact on local governments because official plates are issued for no fee.
7. Small business and local government participation: Because of the sensitive nature of the emergency management program, the Department did not consult with 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 Job Impact Statement is not submitted with this rule because it will not have an adverse impact on job creation or development.
