Designation of Authorized Emergency Vehicles for Certain State Leaders

NY-ADR

7/8/15 N.Y. St. Reg. MTV-17-15-00012-A
NEW YORK STATE REGISTER
VOLUME XXXVII, ISSUE 27
July 08, 2015
RULE MAKING ACTIVITIES
DEPARTMENT OF MOTOR VEHICLES
NOTICE OF ADOPTION
 
I.D No. MTV-17-15-00012-A
Filing No. 546
Filing Date. Jun. 24, 2015
Effective Date. Jul. 08, 2015
Designation of Authorized Emergency Vehicles for Certain State Leaders
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 101.5 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a) and 218
Subject:
Designation of authorized emergency vehicles for certain State leaders.
Purpose:
Designates motor vehicles owned or operated by certain State leaders as authorized emergency vehicles.
Text or summary was published
in the April 29, 2015 issue of the Register, I.D. No. MTV-17-15-00012-EP.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Heidi Bazicki, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 526, Albany, NY 12228, (518) 474-0871, email: [email protected]
Assessment of Public Comment
The Department of Motor Vehicles received 16 comments. We express our appreciation to those who submitted these comments.
Comment: The Department received several comments from former and current first responders and from other citizens who expressed concern that the Governor and the heads of the Division of Homeland Security & Emergency Services (DHSES), Department of Transportation (DOT), and Department of Environmental Conservation (DEC), the Secretary to the Governor, Director of State Operations, and Lieutenant Governor do not have training to operate an authorized emergency vehicle. A former firefighter wrote that not only do operators of authorized emergency vehicles need training, but they need to use such training frequently or else they “will forget the training and make mistakes.”
Response: On the occasions that the aforementioned individuals use an authorized emergency vehicle, they will exercise due care in the operation of such vehicles as is required by all operators of such vehicles. It is anticipated that the use of authorized emergency vehicles will be used only in the most dire circumstances, when the public will benefit from an immediate response from the Governor and other State officials.
Comment: Most of the persons submitting comments stated that the State’s political leaders should not operate authorized emergency vehicles. Several commenters noted that the Governor is escorted by law enforcement officials to the scene of an emergency and, therefore, does not need access to such a vehicle. Several commenters noted that this rule was a “power grab” and “political posturing.” Others noted that there is no reason for these State officials to race to the scene of a disaster; that is the job for first responders.
Response: The Department recognizes the excellent and courageous work performed every day by first responders. The proposed rule in no way intends to supplant or interfere with their invaluable work. The purpose of the rule is to save State resources by minimizing the need for a law enforcement escort to the scene of an emergency, by allowing certain State officials to operate authorized emergency vehicles. It is often critical for certain State officials to be at the scene of an emergency in its early stages, so the official may assess the damage in order to determine what resources are needed, and to mobilize State resources in an efficient and timely manner for the public’s benefit.
End of Document