New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 136 - Licensing Or Relicensing After Revocation Action › Section 136.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(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.