New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 134 - Alcohol And Drug Rehabilitation Programs › Section 134.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Intent. Article
				  21 of the Vehicle and Traffic Law as added by chapter 291 of the Laws of 1975,
				  and recodified in article 31 by chapter 47 of the Laws of 1988, provides for
				  the establishment of an alcohol and drug rehabilitation program for the purpose
				  of providing rehabilitation to drivers convicted of alcohol or drug-related
				  driving offenses or persons who have been adjudicated youthful offenders for
				  alcohol or drug-related traffic offenses or persons found to have been
				  operating a motor vehicle after having consumed alcohol in violation of section 1192-a  of the Vehicle and Traffic Law to
				  alleviate the threat to the lives and well-being of the citizens of this State
				  posed by alcohol and drug-related driving. Although this article provides for
				  the issuance of conditional licenses to persons enrolled in such program, this
				  provision is incidental to the primary purpose of the legislation, highway
				  safety. This Part is intended to implement the legislative intent by
				  establishing criteria for eligibility of persons for entrance into such
				  programs, issuance and use of conditional licenses, procedures to be followed
				  by the courts, the Department of Motor Vehicles and motorists in conjunction
				  with such programs, as well as the curricula to be used in such programs and
				  the qualifications of persons who will be conducting such programs.
(b) Definitions.
(1) Program. As hereinafter used in this
				  Part, the terms program, alcohol and drug rehabilitation program,
				  rehabilitation program, or course shall mean a specific curriculum which must
				  include training in a classroom setting, and may include instruction,
				  discussion, testing, interviewing, counseling, referral for extended alcohol or
				  drug rehabilitative activities and such rehabilitative activities, all of which
				  have been approved by the commissioner and are administered by program
				  administrators designated as such by the commissioner. Any extended alcohol or
				  drug rehabilitative activities which occur after eight months following
				  enrollment in the program must be recommended licensed providers of such
				  services.
(2) Full period of
				  suspension or revocation effectively served. A person will be deemed to have
				  effectively served the full period of a suspension if he has received a
				  suspension order, has surrendered his driver's license in response to such
				  suspension order, has not been issued an unconditional license and has not
				  operated a motor vehicle for the period of time for which his license has been
				  suspended. A person will be deemed to have effectively served the full period
				  of a revocation if he has received a revocation order, has surrendered his
				  driver's license in response to such revocation order, has not been issued an
				  unconditional license and has not operated a motor vehicle for a period of at
				  least six months.