If a hearing officer of the department or the commissioner or his designated agent determine that the applicant has had an accident, incident or conviction, or a series of accidents, incidents or convictions which tend to establish that the person may pose a substantial highway risk, and that a road test is necessary to determine whether the person may safely operate and control a motor vehicle, then such road test may be conducted by the department.
N.Y. Comp. Codes R. & Regs. Tit. 15 § 8.6