N.Y. Comp. Codes R. & Regs. tit. 15 § 136.1

Current through Register Vol. 46, No. 15, April 10, 2024

Section 136.1 - Introduction

(a) Intent. Section 510 of the Vehicle and Traffic Law provides that a license may be issued after revocation in the discretion of the commissioner. In exercising such discretion and in keeping with his responsibility to provide meaningful safeguards for the general public who are users of the highways, it is the purpose of the commissioner to utilize departmental driver improvement programs in order to rehabilitate problem drivers through the use of education and explanation. It is the further purpose of the commissioner to take disciplinary action in order to force a change in the attitude and driving habits of problem drivers, where the department's review indicates that such action is necessary for the protection of the applicant and the public alike. This Part is intended to implement such purposes by establishing criteria to identify individual problem drivers, the application of which shall result in a presumption, in certain cases, that the involved driver would present a potential danger to himself or other users of the highway if allowed to be licensed or relicensed.

(b) Definitions.

(1) Problem driver. A problem driver is an applicant for a driver's license or privilege who has had a series of convictions, incidents and/or accidents or has a medical or mental condition, which in the judgment of the commissioner or his or her designated agent, upon review of the applicant's entire driving history, establishes that the person would be an unusual and immediate risk upon the highways. The commissioner or his or her designated agent shall set forth in writing the basis for the determination that an applicant is a problem driver.

(2) Disability. A disability is any condition, whether mental, emotional or physiological, which is likely to diminish the ability of an individual to safely control or operate a motor vehicle.

(3) History of abuse of alcohol or drugs. A history of abuse of alcohol or drugs shall consist of a record of two or more incidents, within a 10-year period, of operating a motor vehicle while under the influence of alcoholic beverages and/or drugs or of refusing to submit to a chemical test not arising out of the same incident, whether such incident was committed within or outside of this State.

(4) Rehabilitative effort. Rehabilitative effort shall consist of referral of an individual with a history of abuse of alcohol or drugs to any agency certified by the Office of Alcoholism and Substance Abuse and/or agents authorized by professional license or professional certification, such as that granted by a board of examiners of the State Education Department, for evaluation of the extent of alcohol and/or drug use and satisfactory participation in any treatment recommended by such agency, and/or evidence of abstinence from, or controlled use of, alcohol and/ or drugs for a period of time sufficient to indicate that such person no longer constitutes a danger to other users of the highway.

(5) Safety factor. A safety factor is a conviction for, or a finding by a departmental hearing officer of, any violation of the Vehicle and Traffic Law or of any local law, ordinance, order, rule or regulation relating to traffic, except violations relating to parking, standing or stopping; an accident with conviction involvement; an accident where a finding of gross negligence in the operation of a motor vehicle or operating a motor vehicle in a manner showing a reckless disregard for the life or property of others is made by a departmental hearing officer; and a finding of a chemical test refusal. A bail forfeiture shall be considered a conviction for purposes of this Part.

(c) The provisions of this Part shall apply to an application for restoration of a driver's license or driving privilege.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 136.1

Amended New York State Register February 11, 2015/Volume XXXVII, Issue 06, eff.2/11/2015