4/27/11 N.Y. St. Reg. MTV-17-11-00009-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 Part 3 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a), 501(2)(c) and 1198
Subject:
Motorcycle Drivers Licenses.
Purpose:
Eliminates the reference of a specific named motorcycle safety program.
Text of proposed rule:
Subparagraph (iii) of paragraph (5) of subdivision (a) of section 3.7 is amended to read as follows:
(iii) that he or she is the holder of a valid New York driver's license, and has successfully completed [the 15-hour "Motorcycle Rider Course: Riding and Street Skills" developed by the Motorcycle Safety Foundation (MSF)] a motorcycle rider training course approved by the Commissioner.
Text of proposed rule and any required statements and analyses may be obtained from:
Heidi Bazicki, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 526, Albany, NY 12228, (518) 474-0871, email:
heidi.bazicki@dmv.ny.govData, views or arguments may be submitted to:
Everett Mayhew, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 526, Albany, NY 12228, (518) 474-0871
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The New York State Motorcycle Safety Program, created by Chapter 435 of the Laws of 1997, added a new Section 410-a to the Vehicle and Traffic Law. It required the Commissioner to establish and implement a motorcycle safety program. With this law, New York became the 46th state to establish a legislated motorcycle safety program. The goal of the program is to reduce the number of motorcyclist injuries and fatalities with an emphasis on rider education and motorist awareness of motorcycles. To promote rider education and proper licensing, DMV waives the motorcycle road test for licensed drivers who successfully complete an approved rider training program. The program uses a nationally recognized curriculum and is funded through a special revenue account that is supported by a portion of all motorcycle license and registration fees. In 2010, the program generated $2,804,788.00 in revenue and trained over 16,000 motorcyclists.
This amendment makes a technical amendment to 15 NYCRR 3.7(5)(iii), to eliminate the reference to the "'Motorcycle Rider Course: Riding and Street Skills' developed by the Motorcycle Safety Foundation (MSF)", since that particular program no longer exists. The proposed amendment simply refers to a "course approved by the Commissioner," a general reference that will eliminate the need to amend this regulation every time the course title and/or course sponsor changes. Since this is a technical, non-controversial proposal, a consensus rulemaking is appropriate.
Job Impact Statement
A Job Impact Statement is not submitted because the proposed amendment will not have an adverse impact on job creation or development in New York State.
