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 repeal section 6.13 and add a new section 6.13 to Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a), 509-g and 509-m(2)
Subject:
Certified examiners.
Purpose:
To clarify and strengthen guidelines regarding certified examiners.
Text of proposed rule:
Section 6.13 is repealed and a new section 6.13 is added to read as follows:
Examiners Certified by the Department of Motor Vehicles
6.13 Certified examiners and related carrier responsibilities.
(a) Any individual conducting any of the examinations required by Section 6.8(c), defensive driving performance; 6.11, biennial behind-the-wheel driving test; and 6.12, the biennial oral or written examination, of this Part must be certified by the Department of Motor Vehicles or be a motor vehicle license examiner. In order to be certified, an individual must have an acceptable driving record (no more than six points accumulated on his or her abstract of operating record within the preceding 18-month period). Such individual must have a valid driver's license with the appropriate endorsements and must be properly licensed in the class in which he or she will be testing drivers as required under this Part. (Note: Such individual is not required to hold an “S” endorsement). In addition, the individual must complete and submit an application for certified examiner, along with supporting documentation, if applicable, to the DMV and must meet the following qualifications:
(1) A person must have a minimum of two years of experience in driver training and evaluation of the driving ability of others; and either:
(i) have successfully completed a college level course with a minimum of four credit hours in driver education instruction and have, within the preceding three years, a minimum of 18 months experience in the operation of the type of vehicle in which he or she will be testing while in the employ of an article 19-A motor carrier; or
(ii) have successfully completed a course in driver training and traffic safety approved by the commissioner for the purpose of becoming a 19-A certified examiner, and have, within the preceding three years, a minimum of 18 months experience in the operation of the type of vehicle in which he or she will be testing while in the employ of an article 19-A carrier.
(2) If a person is unable to meet the requirements of subparagraphs (1)(i) and (ii) of this subdivision, he or she may complete an application for qualification and deliver it with special affidavits (which note in detail his or her experience in training and any other special circumstances which might qualify the person to become a certified examiner) to the Department of Motor Vehicles. The applicant should present such affidavits and application to DMV for final review and a decision on whether certification is granted.
(3) A person must pass an appropriate written, vision, and road test. An applicant must also participate in a qualifying interview conducted by the New York State Department of Motor Vehicles.
(b) In conjunction with the above certification requirements, additional information and verification may also be required.
(c) A certified examiner is required to attend at least once, every three years, an Article 19-A seminar approved by DMV. A completion certificate, demonstrating completion of such seminar, must be submitted to the DMV in order to maintain valid status as a certified examiner.
(d) Period of validity of examiner's certificate. An examiner's certificate shall be valid from its date of issuance until the expiration of such person's driver's license. (NOTE: The certified examiner is responsible for renewing his or her certificate with DMV by filing the 19-A Certified Examiner renewal application form.)
(e) An examiner's certificate may be terminated:
(1) on a finding made by the commissioner of incompetence, malfeasance, misfeasance, misrepresentation or nonfeasance of the examiner;
(2) if a certified examiner has accumulated seven or more points in an 18-month period on his or her license or if his or her license has been suspended or revoked;
(3) if such examiner is found to have violated any provisions of this Part, Article 19-A or any other section of the Vehicle and Traffic Law;
(4) if a certified examiner has not renewed the certification;
(5) if a certified examiner has not provided the Article 19-A course completion certificate required every three years; or
(6) if the certified examiner does not hold a valid commercial driver license with required endorsements.
(f) If an examiner’s certification is terminated, the commissioner may require a motor carrier’s employees to be retested, if they had most recently been tested by such terminated examiner.
(g) Upon the termination of a certified examiner's certification, such examiner shall:
(1) report the termination and the reason for such termination (e.g., license suspension, revocation, etc.) to their employer or employers immediately.
(2) surrender his/her certified examiner certificate within 10 days to DMV.
(h) To return to certified examiner status after termination, a former examiner must:
(1) resolve the termination within one year if caused by non-renewed certification; non-provided Article 19-A course completion certificate; an invalid commercial license, endorsement, suspension or revocation, or otherwise;
(2) file a new application to be a certified examiner as required under Section 6.13 of this Part after one year. DMV will review such application and make a determination as to whether to grant re-certification. In addition, retesting may be required.
(i) Requirements for Motor Carriers. Carriers subject to 19-A of the Vehicle and Traffic Law shall utilize the services of certified examiners to carry out, at a minimum, the annual defensive driving performance - regular observation, biennial behind-the-wheel driving test, and the biennial oral or written examinations that are required for bus drivers under Article 19-A. The carrier responsibilities include:
(1) At a minimum, having the services of at least one certified examiner for every 100 drivers. These certified examiners can either be employees of the carrier or contracted by the carrier.
(2) Reporting the name, driver license number and certified examiner number to the DMV unit responsible for the 19-A regulations within 10 days of the date a certified examiner begins employment, no matter the length of employment.
(3) Reporting the name, driver license number and certified examiner number to the DMV unit responsible for the 19-A regulations within 10 days a certified examiner terminates employment, no matter the length of employment.
Text of proposed rule and any required statements and analyses may be obtained from:
Heidi Bazicki, DMV, 6 Empire State Plaza, Room 522A, Albany, NY 12228, (518) 474-0871, email: heidi.bazicki@dmv.ny.gov
Data, views or arguments may be submitted to:
Ida Traschen, DMV, 6 Empire State Plaza, Room 522A, Albany, NY 12228, (518) 474-0871, email: heidi.bazicki@dmv.ny.gov
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
Section 509-g(4) of the Vehicle and Traffic Law and Part 6.13 of the Commissioner’s Regulations authorize the use of “competent supervisory personnel”, also known as certified examiners, to supervise the defensive driving performance, biennial behind the wheel driving test and the biennial oral and written tests of Article 19-A bus and school bus drivers.
The purpose of this rulemaking is to clarify and strengthen the requirements related to certified examiners. The proposed rule clarifies the process to become a certified examiner, to maintain such certification and the basis for termination of one’s status as a certified examiner. For example, the rule provides that an examiner’s certificate may be terminated if the person has not provided the Article 19-A course completion certificate required every three years or if the certified examiner does not hold a valid commercial driver license with required endorsements. In addition, the regulation sets forth minimum requirements for motor carriers who employ certified examiners, e.g., the carrier must have the services of at least one examiner per 100 drivers.
The Department submitted the proposed rule for review to over 100 carriers and associations across New York State, including small, medium and large carriers. No adverse comments were received; only minor technical revisions were recommended, which were incorporated into the final proposed rule. Since the Department anticipates no opposition to the proposed rule, a consensus rulemaking is appropriate.
Job Impact Statement
A Job Impact Statement is not submitted with this proposed rule because it has no adverse impact on job development or job opportunities.
