PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 3.5(e) of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a), 502(4)(f) and 508(4)
Subject:
DMV road test.
Purpose:
Prohibit the use of recording equipment in vehicles during a DMV road test.
Text of proposed rule:
A new subdivision (e) is added to section 3.5 to read as follows:
(e)(1) Use of recording equipment prohibited in motor vehicles. No applicant or any other person, other than a Department of Motor Vehicles employee or other party designated by the Department, may use any audio, visual or other recording equipment in or on a motor vehicle operated by an applicant during a skills test. The skills test shall not be conducted if the applicant or any other person, other than a Department of Motor Vehicles employee or other designated party, uses or attempts to use audio, visual or other recording equipment during the skills test.
(2) The provisions of paragraph (1) of this subdivision shall not apply to equipment that is installed in or on a motor vehicle by the Department or a party designated by the Department for security or employee monitoring purposes. The Department of Motor Vehicles employee conducting the skills test shall determine if the skills test may be taken with such equipment installed in or on the vehicle.
Text of proposed rule and any required statements and analyses may be obtained from:
Michelle Seabury, Department of Motor Vehicles, 6 Empire State Plaza, Room 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, Room 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.
Regulatory Impact Statement
1. Statutory authority: Vehicle and Traffic Law (VTL) § 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. VTL § 502(4)(f) law authorizes the Commissioner to promulgate regulations regarding the skills test that is required to obtain a driver’s license. VTL § 508(4) authorizes the Commissioner to promulgate regulations with respect to the administration of VTL Article 19, Licensing of Drivers.
2. Legislative objectives: In order to obtain a New York State driver’s license, the Vehicle and Traffic Law provides that an applicant for a license must pass a knowledge test and a skills test (also known as a road test) in a representative motor vehicle. The Legislature has granted the Commissioner broad authority to establish guidelines for the administration of the skills test.
The purpose of the skills test is to ensure that an applicant has the requisite skills to safely operate a motor vehicle. Such test must be given in a secure environment where there are limited distractions. By prohibiting the use of video, audio and other recording devices during the skills test, the Department will ensure that the applicant can demonstrate his or her skills without unnecessary distractions.
3. Needs and benefits: This proposed regulation would prohibit any person from using audio, visual or other equipment during a skills test. This is necessary to ensure that the person taking the test is not distracted by any recording devices.
The use of recording devices creates a distraction for both the applicant and the examiner, thereby compromising the safety of the vehicle occupants and the motoring public. The applicant-driver and the Department examiner, who are aware that they are being taped, may focus more attention on the video recording process than on the skills test and their surroundings. Skills tests are conducted in real world traffic situations that are fluid and subject to rapid change. Any distractions create a potential hazard.
In addition, any recording might be displayed on the Internet for mass circulation. This would not only compromise the privacy of the applicant, but if the recording is edited, it might depict the skills test in an inaccurate manner, so as to embarrass the applicant or the examiner.
Finally, the regulation authorizes the Department to use recording devices, because the Department wishes to reserve the right to use such devices, in rare circumstances, for training or investigatory purposes. For example, the Department may need to record the activities of an employee who is suspected of engaging in fraud or malfeasance, or other inappropriate behavior. Further, the recording device serves as a useful tool to monitor customers who are engaging in or who have previously engaged in abusive or threatening behavior during a skills test.
The regulation also authorizes recording by “a party designated by the Department.” Many school bus operators install cameras in school buses to monitor driver and passenger behavior for security purposes. The cameras can be deactivated only if the hard drive is removed, which imposes a burden on the bus company. Allowing this exception to the general rule relieves the bus company of the unnecessary burden of removing the hard drive.
4. Costs:
(i) Cost to the regulated parties for the implementation of and continuing compliance with the rule: There is no cost to regulated persons.
(ii) Costs to the agency, the State and local governments for the implementation of, and continued administration of, the rule: There are no costs to the Department, the State or to local governments. The Department is the only agency authorized to administer and regulate skills tests for drivers, and prohibiting the videorecording of skills tests does not impose any costs.
(iii) The information, including the source of such information and the methodology upon which the cost analysis is based: The Department’s Office of Operations relied on its experience in conducting the skills test to determine that prohibiting video recording equipment in motor vehicles used for skills tests will have no fiscal impact on the Department, the State, local governments, or motorists taking the skills test.
5. Local government mandates: There are no local government mandates because local governments do not have jurisdiction to give skills tests.
6. Paperwork: There are no paperwork requirements.
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 Department is aware that some of the 674 licensed driving schools might want to record the skills tests taken by their students. Although such recordings could be beneficial for educational purposes, the negative highway safety implications outweigh any such benefits.
A no action alternative was not considered because the Department believes that this rule is necessary to ensure the privacy and safety of both the skills test applicant and the motor vehicle license examiner.
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 anticipates that all affected parties will be able to achieve compliance with the rule upon adoption.
Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
A regulatory flexibility analysis for small business and local governments, a rural area flexibility analysis, and a job impact statement are not required for this rulemaking proposal because it will not adversely affect small businesses, local governments, rural areas, or jobs.
This proposal prohibits the use of video recording equipment in and on motor vehicles used for a Department of Motor Vehicles skills test. Due to its narrow focus, this rule will not impose an adverse economic impact on reporting, record keeping, or other compliance requirements on small businesses in rural or urban areas or on employment opportunities. No local government activities are involved.
