New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 138 - Motor Vehicle Accident Prevention Course › Section 138.13 - Course advertising

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  form of advertising (including verbal or written statements, promotional
				  materials, brochures, leaflets, newspaper and magazine ads, yellow page ads,
				  radio and television publicity, receipts, Internet web pages, or any other
				  medium which makes reference to the accident prevention course or point and
				  insurance reduction benefits) by a sponsoring agency and/or delivery agency
				  must conform with all of the following standards:
(1) A sponsoring agency is responsible for
				  the content of the advertising of its delivery agencies with regard to the
				  point and insurance reduction program. Sponsoring agencies shall review and
				  approve all delivery agency advertising to ensure compliance with this Part or
				  provide pre-approved advertising materials for delivery agencies to
				  use.
(2) All advertising must
				  indicate that the course is six hours in length.
(3) Point/Insurance Reduction Program
				  advertising shall not be combined with any other advertising such as driving
				  school or insurance agency advertising unless it has been approved by the
				  sponsoring agency in order to protect the public from potentially confusing or
				  misleading information.
(4) No
				  sponsoring agency, delivery agency, instructor or employee may publish,
				  advertise or imply that the completion of the course conducted for point
				  reduction will result in the erasing or masking of any information from a
				  motorist's driving record. Communication with course participants must clearly
				  indicate that while certain departmental administrative actions based upon a
				  motorist's point accumulation may be prevented, all traffic convictions will
				  continue to be displayed on the motorist's driving record.
(5) No sponsoring agency, delivery agency,
				  instructor or employee may make false or misleading claims or statements in any
				  of its advertisements.
(6) All
				  course advertising must identify the sponsoring agency and delivery
				  agency.
(7) Any material in
				  departmentally produced literature may be quoted without attribution, provided
				  the quote retains its original meaning. Any presentation of departmental
				  material which implies or creates a meaning other than the meaning offered by
				  the department is prohibited.
(8)
				  The only acceptable reference to the department is that the sponsoring agency's
				  course is approved by the New York State Department of Motor Vehicles. Words
				  which convey partnership, such as "in cooperation with," "supervised by,"
				  "recommended by," or "endorsed by" the Department of Motor Vehicles may not be
				  used. No sponsoring agency, delivery agency, instructor or employee shall
				  falsely advertise or represent itself to be an agent or employee of the
				  Department or of New York State unless the sponsoring agency is a State agency
				  or the State agency is an approved delivery agency offering courses to its
				  employees. No delivery agency may use the words "DMV approved" in their
				  advertising unless they specifically state that the sponsoring agency's course
				  has been approved by the DMV for point and insurance reduction
				  purposes.
(9) No sponsoring agency
				  or delivery agency shall conduct business or display or distribute any
				  advertising material within a building owned or leased by the State or county
				  in which motor vehicle registrations or licensees are issued to the
				  public.
(10) No organization shall
				  advertise point or insurance reduction benefits in any manner until such time
				  as such advertising has been approved in accordance with this Part.
(11) No sponsoring agency or delivery agency
				  shall use any name other than its approved name for advertising or publicity
				  purposes. No delivery agency may use the words "driving school" unless it is
				  licensed in accordance with Part 76 of this Title.
(12) A copy, recording or videotape of any
				  advertisement shall be kept on file by a sponsoring agency or delivery agency
				  for three years along with a record of when and where it was used or
				  distributed.
(13) Advertising shall
				  reflect the serious nature of the motor vehicle accident prevention course and,
				  in no way, either through the text of the advertisement or through the name of
				  the course, diminish the subject matter of the course. Advertising shall not
				  refer to gimmicks or enticements, such as comedy or free gifts, or to any
				  benefits other than point and insurance reduction.
(14) Permission to re-publish any content of
				  the department's web site shall be obtained from the department's Internet
				  office. The department will provide an image to use as a link to the site. The
				  department's web site may not be placed within any other web site
				  frames.
(15) Comparative statistics
				  or claims which state or imply that one sponsoring agency is more effective
				  than another are not to be used. The effectiveness of one sponsoring agency's
				  approved course may not be statistically compared to another approved
				  course.
(16) No implicit or
				  explicit claims which are not supported by documentation are permissible. Such
				  documentation and the proposed advertising must be reviewed and approved by the
				  sponsoring agency in accordance with the standards of this section before they
				  may be used.
(17) Sponsoring
				  agencies or delivery agencies should consider including the following topic
				  guidelines in their advertising:
(i) Persons
				  are eligible once in 18 months for point reduction, even if the point reduction
				  benefit is not used. Points which are reduced remain on a motorist's record,
				  but are not counted by the department in determining further administrative
				  actions against the license.