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 2.1 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a) and 507(1)
Subject:
Driver education courses.
Purpose:
Makes minor changes to the rule regarding application for a driving school instructor.
Text of proposed rule:
Subdivision (e) of section 2.1 is repealed and subdivision (f) is amended to read as follows:
[(e) Complete application and have superintendent, principal, or chief administrative officer sign in provided place. Attach any other materials required and forward to State Education Department.] Reserved.
(f) After approval of application, an instructor’s certificate (form MV-283) will be [forwarded to the school for issuance to instructor.] mailed to the current address on the Department of Motor Vehicles’ driver license file for the applicant. Form MV-283 must be carried at all times while giving behind-the-wheel instruction.
Text of proposed rule and any required statements and analyses may be obtained from:
Monica J. Staats, NYS Department of Motor Vehicles, Legal Bureau, Room 526, 6 Empire State Plaza, Albany, NY 12228, (518) 486-3131, email: monica.staats@dmv.state.ny.us
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
Vehicle and Traffic Law Section 507(1) provides for the issuance of a Class D or Class M driver license to a seventeen year old that successfully completes a driver education course approved by the State Education Department (SED) and the Commissioner of Motor Vehicles (Commissioner). This section also provides that a Driver & Traffic Safety Education course cannot be approved unless classroom training is provided by a person approved by the SED and by the Commissioner. This classroom training is provided by an approved Driver & Traffic Safety Education instructor.
The SED is the principal agency responsible for receiving, reviewing and approving/disapproving Driver & Traffic Safety Education instructor applications. Recently, the SED removed the requirement that only applicants who had secured employment as a teacher were eligible to apply for a Driver & Traffic Safety Education teacher approval. In light of this SED change, Commissioner's Regulation 15 NYCRR Section 2.1(e), which in part requires that the instructor's application contain a signature of the superintendent, principal, or chief administrative officer of a school, is outdated and unnecessary. This proposal also repeals the remaining language of Section 2.1(e), which requires that all instructor application materials be attached to the application and forwarded to the SED. This provision is unnecessary since DMV has no involvement in the application process other than to review an applicant's driving record and mail out the instructor certification (MV-283) to approved applicants. The application process is primarily under SED's jurisdiction.
This proposal also eliminates the requirement under Section 2.1(f) that the Department of Motor Vehicles (DMV) mail approved applicants the instructor's certificate (MV-283) to the school, because the school employment requirement has been eliminated by the SED. Instead, this proposal provides that the MV-283 will be mailed by DMV directly to the approved applicants at their address on the DMV driver license file.
This is submitted as a consensus rule because they reflect minor procedural changes.
Job Impact Statement
A job impact statement is not submitted with this regulation because eliminating obsolete and unnecessary requirements and changing a mailing procedure will have no impact on job opportunities in New York State.
