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 136.6 - Weighing of safety factors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				  assigned to each safety factor a negative unit as follows:
Safety
								  factor
Assigned negative
								  units
over one year to three years of
								application
within one year of application
(1) for each reportable accident of record with a
								finding by the referee of gross negligence in the operation of a motor vehicle
								in a manner showing a reckless disregard for the life and property of
								others
-5
-8
(2) for each reportable accident of record with
								conviction involvement or with a finding by the referee of a violation of the
								Vehicle and Traffic Law
-3
-4
(3) for the first and second speeding conviction of
								record*
-3
-4
(4) for the third and subsequent speeding
								conviction*
-5
-8
(5) for reckless driving, speed contest or passing a
								stopped school bus
-5
-8
(6) for each conviction of record for leaving the
								scene of a personal injury accident of record
-8
-11
(7) for each alcohol-related offense of record as
								follows:
(i) conviction for violation of subdivision (1) of
								section 1192  of the Vehicle and Traffic Law:
first offense
-5
-8
second offense
-8
-11
third offense
-11
-14
(ii) conviction for violation of subdivision (2),
								(2-a), (3), (4), or (4-a) of section 1192  of the Vehicle and Traffic Law:
first offense
-8
-11
second or subsequent offense
-11
-14
(iii) chemical test refusal
-6
-11
(8) for each conviction of homicide, criminally
								negligent homicide, or assault arising out of the operation of a motor
								vehicle
-11
-14
(9) (i) for each incident of driving during a period
								of alcohol- related license suspension or revocation
-10
-12
(ii) for each other incident of driving during a
								period of license suspension or revocation
-8
-10
(10) for each conviction or finding by the
								commissioner's referee of a violation of section 392  of the Vehicle and Traffic
								Law
-3
-4
(11) for each other conviction of record for a moving
								violation
-2
-3
* For each speeding violation of 25 miles per hour or more
					 over the posted speed limit, add one point.
(b) The point reduction program shall not
				  apply to any of the negative units listed in subdivision (a) of this
				  section.
(c) For the purpose of
				  this Part, the time periods for the computation of safety factors shall
				  commence as of the date on which the incident occurred.
(d) In any case where two or more safety
				  factors which are not independent of each other arise out of a single incident,
				  only one of these safety factors shall be taken into consideration. The safety
				  factor which shall be taken into consideration in these cases shall be the
				  safety factor having the greater weight, except that where two safety factors
				  are of equal weight, either one may be taken into consideration.
Examples:
(1) Where an accident and a conviction for
				  reckless driving arise out of the same incident, only the reckless driving
				  conviction, which is the safety factor having the greater weight, is
				  considered, because these safety factors are not independent of each
				  other.
(2) Where a conviction of
				  any subdivision of section 1192  of the Vehicle and Traffic Law and a finding of
				  a chemical test refusal arise out of the same incident, only one of these two
				  safety factors having equal weight is considered, because these safety factors
				  are not independent of each other.
(3) Where a person is convicted of reckless
				  driving and the incident occurred during a period of license revocation, both
				  of these safety factors shall be taken into consideration because these safety
				  factors are independent of each other.
(4) Where a person is convicted of speeding
				  and failure to keep right, where both violations occurred at the same time,
				  both of these safety factors shall be taken into consideration, because these
				  safety factors are independent of each other.