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 138.4 - Course approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  organization seeking approval as a motor vehicle accident prevention course
				  sponsoring agency shall apply to the commissioner for approval in writing on
				  forms prescribed by the department. No one may conduct a course unless the
				  course has been approved by the Department of Motor Vehicles in accordance with
				  the standards set out in this Part.
(b) An organization which proposes to offer a
				  motor vehicle accident prevention course for point and insurance reduction
				  benefits must submit a completed application to the department for approval in
				  accordance with standards set out in this section and section
				  138.5 
				  of this Part.
(c) An application
				  shall not be considered to be complete until all information and materials
				  required by this Part and article 12-B of the Vehicle and Traffic Law have been
				  submitted. The department shall either approve or deny an application for
				  course approval no later than 90 days following submission of a completed
				  application. In the event the department takes no action on an application
				  after 90 days following submission of a completed application, the application
				  shall be deemed denied.
(d) To be
				  approved by the department, a course must meet all of the following criteria:
(1) the course must have been given for at
				  least two years by the applicant agency or organization prior to the submission
				  of an application to the department;
(2) the applicant organization must provide,
				  at its own expense, verifiable research documentation showing evidence of the
				  course's effectiveness in terms of reduced convictions or accidents or both,
				  based on the criteria set forth in this section for initial course
				  approval;
(3) the course must
				  provide a minimum of 320 minutes of instruction with a certified instructor
				  present. The instruction must include active learning techniques (i.e., student
				  participation). If the course is conducted in one day, a minimum 30-minute
				  break must be allowed in addition to the instruction time. Such instruction
				  must address the following subject areas:
(i)
				  the concept of 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 and behavior such as speeding, reckless and
				  aggressive driving, and improper lane use, etc.;
(vi) traffic laws in New York
				  State;
(vii) physical and mental
				  condition of drivers (i.e., age, vision, hearing, mobility, illness, fatigue,
				  etc.);
(viii) conditions and
				  strategies of driving; and
(ix)
				  city versus suburban driving and rural versus expressway driving;
(4) the course must use up-to-date
				  audio/visual aids such as films, slides, and videotapes which should not use
				  more than 25 percent of the presentation time. The balance of the presentation
				  time shall be led by a qualified instructor in an approved classroom based on
				  standards set out in section
				  138.8  of
				  this Part; and
(5) no course may be
				  offered in New York State by more than one sponsoring agency.