(f) Disclaimer. In any case where a private service bureau maintains a website that offers services or transactions that an applicant could obtain or conduct directly via the department's own website, the private service bureau must include the following language by means of a statement on its website on any pages that refer to licensing, registration or title transactions performed by the New York State Department of Motor Vehicles in a noticeably distinct manner and in bold type New York State Department of Motor Vehicles in a noticeably distinct manner and in bold type of a size equal to at least 24 point type:

NOTICE

THIS TRANSACTION OR SERVICE IS ALSO AVAILABLE, AT NO ADDITIONAL CHARGE, DIRECTLY FROM THE OFFICIAL DEPARTMENT OF MOTOR VEHICLES WEBSITE AT [www.nysdmv.com] www.dmv.ny.gov

15 NYCRR 77.7 - Objection to Consensus Regulation

The Chair, for the Assembly Standing Committee on Transportation and the Assembly Chair for the Administrative Regulations Review Commission felt as though the proposed rule did not give adequate notice about the change of the DMV website address.

1. Statutory authority: Vehicle and Traffic Law (VTL) section 215(a) provides that the Commissioner of Motor Vehicles may enact rules and regulations that regulate and control the exercise of the powers of the Department of Motor Vehicles (DMV). VTL section 395 authorizes the Commissioner to promulgate regulations governing the conduct of private service bureaus (PSBs).

2. Legislative objectives: The Legislature enacted VTL section 395 to authorize the Commissioner of Motor Vehicles to regulate PSBs, which are entities that “engage in the business of assisting for hire in securing licenses to drive motor vehicles or registrations or titles of motor vehicles…” The Commissioner is authorized to promulgate reasonable regulations regarding the conduct of PSBs. In 2011, the Commissioner promulgated a regulation requiring PSBs to post on their websites a disclaimer that transactions or services are also available, at no additional charge, directly from the DMV website. The proposed rule updates the address of the DMV website and, therefore, meets the legislative objective of promulgating reasonable regulations regarding PSB requirements.

3. Needs and benefits: PSBs are “entities that “engage in the business of assisting for hire in securing licenses to drive motor vehicles or registrations or titles of motor vehicles…” In 2011, the Commissioner promulgated a regulation requiring PSBs to post on their websites a disclaimer that transactions or services are also available, at no additional charge, directly from the DMV website. The proposed rule updates the DMV website address from www.nysdmv.com to www.dmv.ny.gov. This amendment is necessary so that PSBs are aware of the current website address and that customers are put on notice of such address. This will benefit motorists who wish to perform motor vehicle transactions, for no additional PSB charge, on the DMV website.

4. Costs: a. To regulated parties: None. This is a minimal tasks for PSBs.

b. Cost to the State, the agency and local governments: This proposed rule will impose no costs on the State, the DMV or local governments.

c. Source: DMV’s Counsel’s Office.

5. Local government mandates: The proposed rule will not impact local governments.

6. Paperwork: The proposed rule does not impose new paperwork requirements.

7. Duplication: This proposed regulation does not duplicate or conflict with any State or Federal rule.

8. Alternatives: No other alternatives were considered. A no action alternative was not considered.

9. Federal standards: The rule does not exceed any Federal standards.

10. Compliance schedule: Implementation of this regulation would occur upon its adoption.

A regulatory flexibility analysis for small business and local governments, a rural area flexibility analysis, and a job impact statement are not required for this rulemaking proposal because it will not adversely affect small businesses, local governments, rural areas, or jobs.

This proposed rulemaking would require private service bureaus to update their web pages and note the current DMV website address. Due to its narrow focus, this rule will not impose an adverse economic impact or reporting, record keeping, or other compliance requirements on small businesses in rural or urban areas or on employment opportunities. No local government activities are involved.