New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 141 - Motor Vehicle Accident Prevention Course By Internet Or Other Technologies (alternate Delivery Methods) › Section 141.5 - Adm course approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  organization which proposes to offer an ADM course for point and insurance
				  reduction benefits must submit a completed application to the department for
				  approval in accordance with standards set forth in this section. An application
				  shall not be considered to be complete until all information, materials and
				  fees required by this Part and article 12-C of the Vehicle and Traffic Law have
				  been submitted.
(b) To be approved
				  by the department, an ADM course shall meet all of the following criteria:
(1) Sponsors must establish ownership rights
				  to the ADM course they plan to deliver in New York State. Once approved, that
				  ADM course may not be delivered in New York State by any other
				  sponsor.
(2) The course shall
				  provide a minimum of 320 minutes of instruction. The instruction must include
				  active learning techniques (i.e., requiring student participation).
(3) The ADM course must provide instruction
				  in the following subject areas:
(i) collision
				  prevention, including a discussion of the factors involved in traffic
				  situations;
(ii) alcohol and drug
				  use as a contributing factor in motor vehicle collisions;
(iii) accident prevention
				  techniques;
(iv) the use of
				  occupant restraints;
(v) the risk
				  factors involved in driver attitude that trigger behavior such as speeding,
				  reckless and aggressive driving, and improper lane use;
(vi) traffic laws in New York
				  State;
(vii) physical and mental
				  condition of drivers (i.e., age, vision, hearing, mobility, illness and
				  fatigue);
(viii) conditions and
				  strategies of driving;
(ix) city
				  versus suburban driving and rural versus expressway driving; and
(x) work zone safety and aggressive driving
				  recognition and avoidance.
(4) Sponsors shall provide a detailed
				  transcript of the course, including all content, sections, logical breaks,
				  internal controls, proposed audio/video clips (including time duration). Course
				  topic sequencing may be different from the approved classroom course as long as
				  it does not detract from the logical flow and educational value of the
				  course.
(5) Sponsors shall provide
				  test questions, including 30 personal identity validation questions, 100
				  content/environmental questions, as well as 100 proctored exam questions (where
				  applicable), as defined in section
				  141.8  of
				  this Part. Additionally, sponsors shall provide information on when validation
				  will occur and what validation methods they propose to use.
(6) Each sponsoring agency shall submit no
				  more than one ADM course to the department for approval at a time. When the
				  sponsor's primary ADM course has been reviewed and approved or denied by the
				  department, the sponsor may submit a separate new application for the
				  additional ADM in accordance with the standards set forth in this
				  Part.
(7) Advertising shall not
				  appear during any part of the ADM course, including, but not limited to the
				  registration, instruction, testing, validation or completion periods, nor shall
				  any distracting material that is not related to the topic being presented, in
				  accordance with this section and Part 138 of this Title be permitted.
(8) Sponsors shall provide DMV with
				  appropriate access to the course for the purposes of reviewing the materials
				  and internals controls. All changes to course material must be approved in
				  accordance with section
				  141.9 
				  of this Part, prior to implementation by the sponsor. Once approved, the
				  sponsor must provide a new course transcript to be used in the monitoring of
				  course.
(9) Application forms and
				  supporting materials. The ADM course application form shall be prescribed by
				  the commissioner, and shall include, but not be limited to the following:
(i) Business ownership information.
(a) sponsor name and NYS location of
				  operation;
(b) PIRP sponsoring
				  agency code;
(c) Business Federal
				  Employer Identification Number and legal form of business (i.e., corporation,
				  partnership, D/B/A, etc.); and
(d)
				  name, title, role and legal residential mailing address of all owners,
				  operators, managers, partners, officers and directors of the sponsoring agency.
				  If these individuals have been known by another name, submit the alternate
				  name. Individuals, such as managers, operators, partners and officers, who
				  actively participate in the operations and management of the business must be
				  identified. Controlling shareholders must be identified. Not-for-profit
				  corporations that are incorporated with the New York State Department of State,
				  and which include businesses beyond the motor vehicle accident prevention
				  course, may provide information on their most recent IRS form 990, Parts V-A
				  and V-B, in lieu of providing residential mailing addresses.
(ii) Contact information.
(a) name of application contact
				  person;
(b) mailing address of
				  contact person;
(c) office phone
				  and alternate phone number of contact person;
(d) e-mail address of contact
				  person;
(e) name of alternate
				  contact if primary contact person is not available;
(f) phone number and e-mail of alternate
				  contact person;
(g) list of sponsor
				  approved delivery agents (if applicable) to offer alternate delivery method;
				  and
(h) proposed NYS specific
				  registered domain name that has at least one of the principals listed as a
				  point of contact and approved name of the sponsoring agency as the site
				  registrant.
(iii)
				  Required fees.
(a) Non-refundable application
				  fee of $7,500 must be submitted with each application in the form of a
				  certified check. The proceeds from such fee shall be deposited in the accident
				  prevention course internet technology pilot program fund as established by
				  section 89-g  of State Finance Law.
(b) An initial bond, or a letter of credit,
				  in the amount of $100,000 naming DMV as the beneficiary, which would be paid to
				  the sponsor in the event of a security or data breach or to DMV in the event
				  the sponsor ceases doing business in NYS during the pilot period, and/or to
				  reimburse fees paid by students in cases where the sponsor is unable to provide
				  the course. Applicants need not provide the bond or letter of credit with their
				  initial application materials, though this requirement must be satisfied before
				  DMV will grant final approval to conduct an ADM course. Sponsors that do not
				  provide the bond or letter of credit with application materials will be advised
				  in writing by DMV when all other application requirements have been satisfied
				  and approval is imminent. The sponsor must then submit the bond or letter of
				  credit in order to be finally approved. DMV will notify the sponsor when course
				  delivery may commence. The sponsors must submit proof of bond renewal on an
				  annual basis.
(iv)
				  Application materials.
(a) online curriculum
				  viewable at the domain name proposed, if applicable;
(b) sample curriculum in the non-internet
				  medium proposed (video, CD rom, other), if applicable;
(c) written statement indicating ownership of
				  the curriculum and ownership or usage rights to the methods that will be used
				  to deliver the program (i.e., if using proprietary biometric technology to
				  validate identity and participation, sponsor must provide evidence that they
				  have rights to use that proprietary technology for this purpose);
(d) 10 sets of user names and passwords that
				  will be valid throughout the pilot review phase by DMV and or designated
				  monitoring agents to review and approve content;
(e) phone number where customer service will
				  be available;
(f) hours of
				  operation of customer service (online and via toll free number);
(g) plan on offering customer service and
				  technical assistance (online and via toll free number);
(h) a detailed description of how the sponsor
				  will ensure identity authentication at the time of registration and throughout
				  the course, including proposed test bank of questions and answers;
(i) security and risk management plan.
				  Sponsor's policy on how student information will be safeguarded, policies
				  regarding recordkeeping, data use, retention, storage, security, backup and
				  recovery;
(j) sponsor's method to
				  secure confidential student information, and to ensure continuous internet or
				  other ADM course delivery;
(k)
				  proposed policy/procedure for participation, hardware/software requirements,
				  method of payment, C-32A brochure, privacy policies and penalties for
				  fraudulent activity by the student that will be disclosed to the student before
				  they are allowed to enroll; and
(l)
				  sponsor's authorized signature, indicating agreement to terms and conditions of
				  the pilot, and agreement to financial and background check of the principals
				  and the sponsoring agency.