Five Year Review of Rules Adopted by the Department of Motor Vehicles in Calendar Years 2000, 2005, 2010 and 2015 Required to be Reviewed in Calendar Year 2020

As required by section 207 of the State Administrative Procedure Act, the following is a list of rules that were adopted by the Department of Motor Vehicles in calendar years 2000, 2005, 2010 and 2015 which must be reviewed in calendar year 2020. Public comment on the continuation or modification of these rules is invited and will be accepted for 45 days from the date of publication in the State Register. Comments may be directed to: The Department of Motor Vehicles, Counsel's Office, 6 ESP, Room 522A, Albany, NY 12228.

2015

MTV-48-14-00006 – Part 136 – Relicensing after Revocation.

Analysis of the need for the rule: The Commissioner’s Regulations provides the Department of Motor Vehicles (DMV) the discretion to deny driver’s license applications for those motorists with certain convictions on their lifetime driver’s record. This rulemaking was promulgated to address those motorists with multiple convictions for drinking and/or drug related driving offenses, as well as those motorists found to have refused chemical blood alcohol tests and other serious driving offenses. This rulemaking expanded the use of the problem driver restriction, including the requirement of using an ignition interlock device (IID) for problem drivers. This rulemaking strikes a balance between protecting the public and allowing the motorist to engage in certain essential activities involving his or her employment, medical care, child care, and educational opportunities. This rulemaking further allows the Commissioner to issue a driver’s license exception for those drivers who are permanently denied pursuant to Part 136.5 or VTL 1193 by allowing them to apply for that exception pursuant to unusual, extenuating, and compelling circumstances. Specifically, this amendment added language regarding the process of restoring a problem driver license or driving privilege. The amendment also placed additional sanctions on applicants with alcohol-related fatal crashes on their driving history. The amendment clarifies that when a driving record includes a chemical test refusal finding and a VTL § 1192 conviction related to the same incident, they shall not count twice in a Part 136 review. Further, the amendment created an additional 5-year or 2-year holding period for those drivers applying for an A2 problem driver restricted license, whose records indicate they were driving while revoked. This amendment also indicates that A2 problem driver restricted license drivers shall install an Ignition Interlock Device (IID) in their vehicles for the duration of the A2 restriction.

Legal basis for the rule: Vehicle and Traffic Law sections 215(a), 501(2)(c), 510(6), 1193(2)(b)(12), 1193(2)(c)(1), and 1194(2)(d)(1).

MTV-08-15-00004 – Part 32 – Electronic Insurance Identification Cards.

Analysis of the need for the rule: This amendment authorizes insurance companies to issue electronic insurance ID cards. In order to register a motor vehicle in New York State, the Vehicle and Traffic Law requires the applicant to submit proof of insurance. Previously, the only acceptable proof of insurance was the paper insurance ID cards. This amendment aligns with the legislative objective of requiring motor vehicle registrants to show proof of insurance by expanding the means of displaying such proof, either at a DMV office or to a law enforcement official, and is consistent with the transition to a paperless world.

Legal basis for the rule: Vehicle and Traffic Law section 215(a), 311(10) and 312(4)

MTV-13-15-00011 – Part 106 – Registration of Pick-up Trucks.

Analysis of the need for the rule: The primary purpose of this amendment was to allow the registration of pick-up trucks in the passenger class if such truck weighed no more than 6,000 pounds, was used exclusively for non-commercial purposes and had no business advertising. Previously, a vehicle weighing more than 5,500 pounds was required to be registered in the commercial class. This amendment was supported by the New York State Automobile Dealers Association (NYSADA) because many pick-up trucks exceeded the 5,500-pound threshold within different trim levels of the same pick-up truck or simply by adding popular accessories. Additionally, other heavy non-commercial motor vehicles, such as larger SUV’s, often weigh more than 5,500 pounds and are registered as passenger vehicles. The registration class is important, because vehicles with commercial plates are not permitted to operate on many of New York’s parkways. Since prohibitions against vehicles with commercial plates operating on parkways still exist, this regulation remains necessary to allow these pick-up trucks to operate on the State’s parkways and other roadways.

Legal basis for the rule: Vehicle and Traffic Law sections 215(a), 401(7) and 401(15)

MTV-13-15-00012 – Part 78 – Off Premise Sales of Motor Vehicles.

Analysis of the need for the rule: This rule provides specific guidance for the conduct of off-premise sales in New York State. Prior to this rule being instituted, an increasing number of dealerships had exploited loopholes by using third-party promotional companies to sell vehicles, instead of the dealer's own employees, selling vehicles far from their relevant market area, and conducting almost constant off-premise sales, making it a part of their every-day business model, rather than a "special event" conducted periodically. This rule is still necessary since it provides the regulatory framework for the conduct of off-premise sales, while permitting such sales to continue, which benefits both the dealers who conduct such sales and the customers who purchase motor vehicles at such sales.

Legal basis for the rule: Vehicle and Traffic Law sections 215(a) and 415.

MTV-17-15-00012 – Part 101 – Designation of Authorized Motor Vehicles for Certain State Leaders

Analysis of the need for the rule: This regulation was adopted as an emergency measure to allow our State’s leaders to quickly arrive at the scene of emergencies by classifying motor vehicles owned or operated by or on behalf of the Governor, Lieutenant Governor, Secretary to the Governor, Director of State Operations, and the Commissioners of Department of Homeland Security & Emergency Services, Department of Transportation, and the Department of Transportation as emergency vehicles. Emergency vehicles may be equipped with and display red and white lights. The rules save State resources by minimizing the need for a law enforcement escort to the scene of an emergency, and it is often critical for state officials to be at the scene of an emergency in its early states so as to determine what resources are needed and to mobilize State resources in an efficient and timely manner for the public’s benefit.

Legal basis for the rule: Vehicle and Traffic Law section 375(41)(2).

2010

MTV-51-09-00005 - Part 9 - Loss of Consciousness.

Analysis of the need for the rule: The Commissioner’s Regulations provide that if the Department of Motor Vehicles (DMV) learns that a motorist has suffered a loss of consciousness, the motorist must present proof of his or her fitness to safely operate a motor vehicle. Since section 6902(3) of the Education Law provides that a nurse practitioner is authorized to perform diagnostic procedures, this rulemaking was promulgated to permit nurse practitioners to conduct the examination of the motorist to evaluate his or her ability to safely operate a motor vehicle. Previously, only a physician was permitted to conduct the examination. Since this section of Education Law is still in effect, the need for the regulation remains.

Legal basis for the rule: Vehicle and Traffic Law sections 215(a), 502(1) and 510(3)(b), and section 6902(3) of the Education Law.

MTV-43-10-00007 - Part 79 – Motor Vehicle Inspections - Elimination of the NYTEST Program in the New York Metropolitan Area.

Analysis of the need for the rule: This amendment eliminated the NYTEST emissions program in the New York Metropolitan Area. On January 1, 2011, the DMV transitioned from the NYTEST emissions program to the NYVIP program in order to comply with the federal Clean Air Act of 1990. The $35,000 dynamometer was replaced with the $2,500 NYVIP equipment. Since the NYTEST system remains unnecessary and obsolete, this rulemaking should remain in effect.

Legal basis for the rule: Vehicle and Traffic Law sections 215(a), 301(a),(c), (d)(1), 302(a), (e) and 303(d)(1).

2005

MTV-08-05-00012 - Part 79 - Motor vehicle inspections.

Analysis of the need for the rule: New York State was required to adopt an OBD II (on board diagnostic) emissions test in order to comply with the Federal Clean Air Act of 1990 and its accompanying regulations at 40 CFR 51.351. OBD refers to a system, with passenger cars and light trucks in 1996 and newer vehicles, which monitors system degradation as it relates to powertrain components and emission control devices. Since the OBD II system remains central to the State’s compliance with the federal law, this rule remains necessary.

Legal basis for rule: Vehicle and Traffic Law sections 215(a), 301(d)(1), (f) and 302(a) and (e).

MTV-17-05-00008 - Part 134 - Conditional license eligibility.

Analysis of the need for the rule: This regulation provides that a person found, pursuant to a DMV administrative hearing, to have violated the Zero Tolerance Law, may not enroll in the Drinking Driver Program if such person had a prior alcohol-related conviction in the preceding 5 years. In addition, such person would be subject to the same conditional license eligibility requirements as a person convicted of an alcohol-related conviction.

When the Zero Tolerance Law was enacted in 1996, DMV did not make conforming amendments to Part 134 in terms of DDP and conditional license eligibility. This rulemaking, which made such conforming amendments, remains necessary.

Legal basis for rule: Vehicle and Traffic Law sections 215(a) and 1196(4) and (7).

2000

MTV-26-99-00007 - Part 106 - Registration of pick-up trucks.

Analysis of the need for the rule: This amendment provided that a pick-up truck, which is used exclusively for non-commercial purposes with an unladen weight of 5000 pounds or less, and with no business advertising could receive a passenger registration. Previously, such a vehicle was required to be registered in the commercial class. However, with the increase in the sale of light trucks, which are substantially the same in size as some SUVs, and used for non-commercial purposes, it made sense to allow such vehicles to be registered in the passenger class. Such vehicles could then be operated on the State’s parkways and other roadways, which prohibit the operation of “commercial” vehicles. In 2004, Part 106.6 was amended to raise the threshold to 5,500 pounds for the registration of non-commercial pick-up trucks in the passenger class, thus superseding this regulation.

Legal basis for rule: Vehicle and Traffic Law sections 215(a), 401(7) and (15)

MTV-42-99-00009- Part 134 - Revocation of conditional license.

Analysis of the need for the rule: This regulation provided that if a person under the age of 21 was convicted of an alcohol-related offense and had his/her conditional license revoked, the time served in revoked/conditional status would be credited towards the one-year minimum mandatory revocation period if such person completed the DDP. Previously, if such person’s conditional license was revoked, no time served in conditional status would be credited toward the one-year revocation period. Therefore, a person who served 11 months in conditional status prior to the revocation of the conditional, had to serve another one-year revocation period prior to license reinstatement. The justification for this rule remains necessary.

Legal basis for rule: Vehicle and Traffic Law sections 215(a) and 1196(7)(e).

MTV-12-00-00012 - Part 138 - Motor vehicle accident prevention course.

Analysis of the need for the rule: This regulation repealed Part 138 and established a new Part 138 governing the Motor Vehicle Accident Prevention Course, also known as the Point Insurance Reduction Course. The provisions set forth in Part 138 are still needed to regulate the providers of such courses.

Legal basis for rule: Vehicle and Traffic Law sections 215(a) and Article 12-B.

MTV-15-00-0004 - Part 139 - Chemical Test Refusals.

Analysis of the need for the rule: The amendments to Part 139 establish procedures for administrative hearings for the operators of snowmobiles who refuse to submit to a chemical test. These are consistent with hearings for motor vehicle operators who refuse to submit to a chemical test. The regulations remain necessary for the adjudication of refusals.

Legal basis for rule: Vehicle and Traffic Law sections 215(a) and section 25.24(6)(e) of the Parks, Recreation and Historic Preservation Law.

MTV-20-00-00010 – Part 34 – Motor Vehicle Liability Insurance.

Analysis of the need for the rule: This regulation established the Insurance Information and Enforcement System (IIES). IIES replaced the inefficient paper based system whereby insurance companies notified DMV of new insureds and the cancellation of policies. Under IIES, information is transmitted electronically in a timely and efficient manner. This has reduced the number of improper insurance lapse suspensions and incidence fraud. Therefore, the need for this regulation remains.

Legal basis for the rule: Vehicle and Traffic Law sections 215(a), 313(2)(c), 313(4) and 370.

MTV-37-00-00021 - Part 50 - Protective helmets for in-line skaters and bicyclists.

Analysis of the need for the rule: This amendment provided for the adoption of federal standards for helmets worn by in-line skaters and bicyclists. The regulation incorporated by reference 16 CFR 1203.1 and 1203.4 through 1203.17. The necessity remains for these scientifically based and nationally recognized standards.

Legal basis for the rule: Vehicle and Traffic Law sections 215(a) and 1238(2-a).

MTV-43-00-0004 – Part 79 - Change of location of inspection station.

Analysis of the need for the rule: This amendment required an inspection station which is changing location to notify to submit an application for approval of such new location to DMV at least 30 days prior to moving. This gives DMV adequate time to inspect the new site and insure that it meets all space and dimension requirements set forth in Part 79. Therefore, the necessity for this rule remains.

Legal basis for the rule: Vehicle and Traffic Law sections 215(a), 303(a)(1), 301(d)(1), 302(e), and 303(a)(2).