MTV-25-16-00003-P Points for Railroad Crossing Violations  

  • 6/22/16 N.Y. St. Reg. MTV-25-16-00003-P
    NEW YORK STATE REGISTER
    VOLUME XXXVIII, ISSUE 25
    June 22, 2016
    RULE MAKING ACTIVITIES
    DEPARTMENT OF MOTOR VEHICLES
    PROPOSED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. MTV-25-16-00003-P
    Points for Railroad Crossing Violations
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
    Proposed Action:
    Amendment of section 131.3 of Title 15 NYCRR.
    Statutory authority:
    Vehicle and Traffic Law, sections 215(a) and 510(3)(i)
    Subject:
    Points for railroad crossing violations.
    Purpose:
    Increases the points for railroad crossing violations from 3 to 5 points.
    Text of proposed rule:
    Paragraphs (4) and (6) of subdivision (b) of section 131.3 are amended to read as follows:
    (4) The following violations shall be assigned a point value of five points:
    (i) reckless driving;
    (ii) any violation involving overtaking or passing a stopped school bus; [and]
    (iii) any violation involving the use of a mobile telephone or portable electronic device[.] ; and
    (iv) any violation involving a railroad crossing.
    (6) The following violations shall be assigned a point value of three points:
    (i) any violation involving speed except where a different point value has been assigned;
    (ii) any violation constituting a failure to yield the right-of-way;
    (iii) any violation involving [a railroad crossing,] disobeying a traffic control signal or a stop or yield sign;
    (iv) any violation involving improper passing, changing lanes unsafely, driving to left of center of roadway, or driving in the wrong direction;
    (v) leaving the scene of a property damage incident or injury to an animal without reporting; and
    (vi) any violation involving use of safety belts or seats by a child under the age of 16.
    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. 522A, Albany, NY 12228, (518) 474-0871, email: heidi.bazicki@dmv.ny.gov
    Data, views or arguments may be submitted to:
    Ida Traschen, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, (518) 474-0871
    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 of Motor Vehicles (DMV). Section 510(3)(i) of the VTL provides that the Commissioner may suspend or revoke a driver’s license for habitual or persistent violation of any provisions of such law and/or violations of any local rule or regulation in relation to traffic. Pursuant to this section of law, Part 131 establishes a point system that serves as the basis for the assessment of persistent violator status. The Department determines which violations are assigned points and how many such points are assigned.
    2. Legislative objectives: Section 510(3)(i) of the Vehicle and Traffic Law provides that the Department of Motor Vehicles may take license action against a motorist who persistently violates laws related to traffic. Part 131 establishes the point system, whereby specific point values are assigned for most traffic offenses. A person who accumulates 11 or more points within an 18 month period is deemed a persistent violator and is subject to a license suspension or revocation.
    Part 131.3(a) provides that “all traffic violations shall be assigned a value of two points, except as otherwise prescribed in subdivision (b) of this section.” Determining and setting appropriate point values for different types of violations, relative to their severity and the risk they pose, aligns with the legislative objective of sanctioning drivers who commit persistent violations of the law. Since railroad-crossing violations have serious public safety consequences, it is appropriate that such violations carry a point value commensurate with those potential consequences. Therefore, it is appropriate to raise the points for railroad-crossing violations from three to five points.
    3. Needs and benefits: This proposed rule is both necessary and beneficial for the enhancement of highway safety in New York State. In 2015, 636 tickets were issue for railroad-crossing related violations. In addition, in 2015, eight people died in New York State as the result of such violations. About every 90 minutes a vehicle and train collide in the U.S. One is 30 times more likely to die in a crash with a train than with another motor vehicle. A derailment can result and if a freight train is involved, there is a possibility that hazardous material being transported by the train could become involved and endanger an entire community.
    Increasing points for railroad-crossing related violation reinforces the message that DMV considers this a serious offense. Moreover, the increased points become part of the persistent violator equation. A person who accumulates 11 points within an 18 month period is deemed a persistent violator and is subject to the suspension or revocation of his or her license. This tool enables DMV to take appropriate license sanctions against a driver who may pose a highway safety risk to others.
    Assigning appropriate point values for railroad-crossing violations is an essential component of DMV’s commitment to highway safety and its effort to deter such violations on our highways.
    4. Costs:
    a. Cost to regulated parties and customers: There is no cost to the citizens of the State.
    b: Costs to the agency and local governments: There is no cost to local governments or to DMV.
    5. Local government mandates: There are no local government mandates.
    6. Paperwork: There are no new paperwork requirements associated with this proposed rule.
    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: After reviewing the continuing and serious highway safety risks associated with railroad-crossing violations, DMV determined that it was prudent to increase points for such violation.
    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 proposed rule would apply to railroad crossing violations committed on or after the day the rule is adopted.
    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 increases the points assigned to railroad crossing violations from three to five. Due to its narrow focus, this rule will not impose an adverse economic impact or 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.

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