MTV-25-14-00011-P Waiver of Skills Test for Certain Out of State Licensees Applying for a NYS License  

  • 6/25/14 N.Y. St. Reg. MTV-25-14-00011-P
    NEW YORK STATE REGISTER
    VOLUME XXXVI, ISSUE 25
    June 25, 2014
    RULE MAKING ACTIVITIES
    DEPARTMENT OF MOTOR VEHICLES
    PROPOSED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. MTV-25-14-00011-P
    Waiver of Skills Test for Certain Out of State Licensees Applying for a NYS License
    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 8.2(a) of Title 15 NYCRR.
    Statutory authority:
    Vehicle and Traffic Law, sections 215(a), 502(4)(b) and 508
    Subject:
    Waiver of skills test for certain out of state licensees applying for a NYS license.
    Purpose:
    Skills test waived for out of state applicants for a NYS license if out of state license is not expired more than two years.
    Text of proposed rule:
    Subdivision (a) of section 8.2 is amended to read as follows:
    (a) if the applicant was formerly a resident of another state, the District of Columbia, Guam, Puerto Rico, the Canal Zone or a province of Canada and has become a resident of this State, and is or was, within [one year] two years prior to the date of application for a New York license, the holder of a valid license issued by the motor vehicle authority of his former residence.
    Text of proposed 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: mseabury@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: itraschen@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.
    Consensus Rule Making Determination
    The proposed amendment will allow a person moving to New York State to obtain a New York State driver’s license without taking the driving skills test if such person submits an out-of-state license that is not expired more than two years. Currently, if such out-of-state license is expired more than one year, the applicant for the New York State license must take the skills test. The knowledge test is currently waived if the out-of-state license is not expired more than two years.
    This amendment is consistent with the Vehicle and Traffic Law (VTL) and current regulations. Section 502(6) of the VTL provides that a New York State license may be renewed as long as such license has not been expired for more than two years. In addition, a road test is waived, under Part 8.2(b), if an applicant is applying for an original license after revocation of a New York State license, provided that application is made within two years from the date the person was last validly licensed. Consistent with this two year rule, it follows that a person from another state who is applying for a New York State license should have the road test waived if his or her out-of-state license has not been expired more than two years.
    This proposed rule will be beneficial to customers moving to New York State and will reduce the number of road tests that the DMV must offer.
    Since the proposed amendment is consistent with current law and regulations regarding the renewal of licenses and the waiver of road tests, a consensus rule is appropriate.
    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.

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