MTV-32-08-00005-P Renewal of Driver's Licenses and Enhanced Driver's Licenses

8/6/08 N.Y. St. Reg. MTV-32-08-00005-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 32

August 06, 2008

RULE MAKING ACTIVITIES

DEPARTMENT OF MOTOR VEHICLES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. MTV-32-08-00005-P

Renewal of Driver's Licenses and Enhanced Driver's Licenses

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 3.3(b) of Title 15 NYCRR.

Statutory authority:

Vehicle and Traffic Law, sections 215(a) and 502(6)(a) and (b)

Subject:

Renewal of driver's licenses and enhanced driver's licenses.

Purpose:

Establishes renewal cycles for driver's licenses and enhanced driver's licenses.

Text of proposed rule:

Subdivision (b) of section 3.3 is amended to read as follows:

(b) Renewal of a license and enhanced driver license. A valid driver license may be renewed if the applicant is qualified for renewal of the license by making application on a form provided for such purpose to a motor vehicle office from [six months] one year prior to two years after the date of expiration of the prior license, paying the appropriate fees, passing a vision test and having his or her photo image taken. Thereafter, the renewed standard license document shall be mailed to the licensee. Notwithstanding any inconsistent provision of this subdivision, a licensee making application for an enhanced driver license issued pursuant to section 503(2)(f-1) of the Vehicle and Traffic Law may renew more than one year prior to the expiration of their driver license, but in no event earlier than six months from the issuance of the driver license being renewed. The enhanced driver license document shall be mailed to the licensee.

Text of proposed rule and any required statements and analyses may be obtained from:

Carrie L. Stone, Department of Motor Vehicles, Counsel's Office, Rm. 526, Six Empire State Plaza, Albany, NY 12228, [phone]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Consensus Rule Making Determination:

The Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108-458, established several measures to enhance the security of the United States. One proposal was the Western Hemisphere Travel Initiative (WHTI), as set forth by the Department of Homeland Security (DHS) in the June 26, 2007 and April 3, 2008 issues of the Federal Register. A key component of WHTI is the issuance of an enhanced driver's license (EDL) that will enable US citizens to more easily enter the United States at land and sea crossings.

On October 26, 2007, the Department of Motor Vehicles (DMV) entered into a Memorandum of Agreement with DHS for the issuance of EDL's. Pursuant to that agreement, DMV intends to begin the issuance of EDLs on September 16, 2008.

DMV currently issues 8-year renewals of driver licenses. DMV's current practice allows renewals up to 1-year prior to the date of expiration of the license. However, if a licensee applies for an EDL prior to the current “window” for renewal (“off-cycle”), the EDL must be processed as an “amendment” of the current license under Vehicle and Traffic Law, Section 505(4), and a $30.00 EDL fee will be applied in addition to a $10.00 amendment fee. There is no provision of law that authorizes a proration of the $30.00 fee, based upon the remaining validity of the current license. Therefore, at the time of the next renewal, the licensee will have to pay another $30.00 EDL fee in addition to the standard renewal fees.

The proposed regulation would amend 15 NYCRR Part 3.3(b) to provide that licensees making application for an EDL may opt to renew the license more than one year prior the expiration of their driver license, effectively “re-setting” their 8-year renewal term. By permitting this “off-cycle” renewal, licensees will receive an EDL valid for a full 8 years for the $30.00 fee and will receive a proration of the license renewal fees based on the number of years left in their current renewal cycle. New Yorkers will be more apt to see the EDL as the travel document of choice if the cost of obtaining one compares favorably with the cost of obtaining alternative documents, such as a passport or PASS card.

The proposed regulation also amends the time to renew a state (i.e., non-EDL) driver license from six months to one year prior to the date of its expiration. This change simply reflects the current DMV policy and procedure regarding renewal of state driver license.

Lastly, the proposed regulation provides that an application for an EDL may not be made until at least six months from the issuance of the current driver license. Credits for time for purposes of calculating fees in license renewal cycles are calculated in 6-month intervals. In order to properly calculate credits for an EDL applicant, at least one 6-month cycle from the beginning of a license period needs to be completed.

This is submitted as a consensus rule as no person is likely to object to the rule as proposed and written.

Job Impact Statement:

A job impact statement is not submitted with this regulation because making a change to the license renewal application period, providing time frames regarding an enhanced driver license application and providing for mailing of an enhanced driver license shall have no impact on job opportunities in New York State.