PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
Amendment of Part 135 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a) and 530(9)
Subject:
Restricted use licenses.
Purpose:
To conform the rule to newly enacted law; make disqualification for a restricted use license consistent with disqualification for a conditional license.
Text of proposed rule:
Subdivision (a) of section 135.7 is amended by adding new paragraphs (12) and (13) to read as follows:
(12) The revocation is issued pursuant to the provisions of subparagraph (x) or (xi) of paragraph (a) of subdivision (2) of section 510 of the Vehicle and Traffic Law.
(13) The conviction, adjudication or finding upon which eligibility for a restricted license is based involved a fatal accident.
Text of proposed rule and any required statements and analyses may be obtained from:
Michele L. Welch, Counsel's Office, Department of Motor Vehicles, Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228, (518) 474-0871, e-mail: mwelc@dmv.state.ny.us
Data, views or arguments may be submitted to:
Christine M. Legorius, Assistant Counsel, Department of Motor Vehicles, Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228, (518) 474-0871
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory authority: Section 215(a) of the Vehicle and Traffic Law (“VTL”) authorizes the Commissioner to enact regulations to control the exercise of the powers of the Department of Motor Vehicles. Section 530 of such law provides for the issuance of restricted use licenses to those individuals whose license or privilege to operate a motor vehicle in this state has been suspended or revoked pursuant to the provisions of section 510 or have been revoked under section 318. Section 530(1) of such law provides that the issuance of a restricted use license or privilege shall be in the discretion of the Commissioner of Motor Vehicles or his duly authorized agent. Section 530(9) of such law provides that the Commissioner shall establish and publish rules and regulations to effectuate the purpose of section 530 and as may be necessary for the administration thereof.
2. Legislative objectives: Under Chapter 571 of the Laws of 2006, section 510(2)(a) of the VTL was amended, effective November 1, 2006, to add subparagraphs (x) and (xi) that mandate the revocation of a driver license, 1) for a conviction of violating Article 26 (Right of Way) of the Vehicle and Traffic Law that resulted in serious physical injury to another person and the violation occurred within 18 months of a prior violation of any provision of Article 26 that caused serious physical injury or death of another person, and 2) for a conviction of violating Article 26 that resulted in the death of another person and the violation occurred within 18 months of a prior violation of any provision of article 26 that also caused serious physical injury or death of another person. Chapter 571 of the Laws of 2006 also amended section 530(2) to prohibit the issuance of a restricted use license to persons whose license or privilege of operating a motor vehicle in this state, at the time of their application for a restricted use license, is revoked pursuant to sections 510(2)(a)(x) and 510(2)(a)(xi). Commissioner's Regulations Part 135.7(a) delineates criteria for the issuance of a restricted use license and outlines circumstances that result in denying of such issuance. At present, the new law is not reflected in Part 135.7(a) of the Commissioner's Regulations. This first proposal simply seeks to add to the regulations that license revocations under sections 510(2)(a)(x) and 510(2)(a)(xi) are not eligible for a restricted use license. By doing so, this proposal reflects in the regulation the new amendment to VTL section 530(2).
The additional proposal is in accord with legislative objectives that grant the Commissioner of Motor Vehicles discretion to establish criteria for the issuance of a restricted use license. Currently, the Commissioner of the Department of Motor Vehicles has discretion to determine the eligibility for a conditional license, which is a limited use license issued to persons convicted of alcohol-related offenses. Part 134.7(a)(2) of the Commissioner's Regulations currently prohibits the issuance of a conditional license if the conviction, adjudication or finding upon which eligibility for a conditional license is based involved a fatal accident. This additional proposal is in accord with legislative objectives and is consistent with current DMV policy as it will impose this same prohibition on the issuance of a restricted use license in cases where an underlying conviction, adjudication or finding involved a fatal accident.
3. Needs and benefits: These regulations are necessary to put the public on notice that restricted driving privileges will not be available in cases 1) when a license or privilege to drive in this state is revoked under Vehicle and Traffic Law sections 510(2)(a)(x) and 510(2)(a)(xi); and 2) where an underlying conviction, adjudication or finding involved a fatal accident. The regulation that mirrors the new amendment to VTL section 530(2) is important because it conforms the regulations to this newly enacted law. The regulation denying motorist's a restricted use license in cases where an underlying conviction, adjudication or finding involved a fatal accident is important to protect the public from drivers who pose a significant highway risk and also to make the criteria for a restricted use license consistent with the Department's regulation under Part 134.7(a)(2), which currently prohibits the issuance of a conditional license where the underlying conviction, adjudication or finding involved a fatal accident.
4. Costs: There are no costs to the public, local government or to this agency. The Department already has staff and procedures in place to revoke licenses under VTL sections 510(2)(a)(x) and 510(2)(a)(xi) and to evaluate a person's eligibility for a restricted use license.
Source: DMV's Driver Improvement Bureau.
5. Local government mandates: These proposals do not impose any mandates upon local governments.
6. Paperwork: These proposals do not impose any significant additional paperwork requirements on the Department.
7. Duplication: These proposals do not duplicate, overlap or conflict with any relevant rule or legal requirement of the State and federal governments.
8. Alternatives: No significant alternatives were considered. A no action alternative was not considered.
9. Federal standards: These proposals do not exceed any minimum standards of the federal government for the same or similar subject areas.
10. Compliance schedule: Immediate with adoption of this rule.
Regulatory Flexibility Analysis
A RFA is not attached because this rule will not have a disproportionate impact on small businesses or local governments, nor will it impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments.
Rural Area Flexibility Analysis
A Rural Area Flexibility Analysis is not submitted with this proposal because it will not have an adverse or disproportionate impact on rural areas of the State.
Job Impact Statement
A Job Impact Statement is not submitted with this statement because it will not have an adverse impact on job creation or development in New York State.
