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 141.4 - Eligibility to deliver an adm course

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An accident prevention course may be
				  delivered by a sponsoring agency using an alternate delivery method that does
				  not require students to be present in a classroom. The commissioner may approve
				  such method if it can be determined that the sponsor is capable of delivering
				  the course via an alternate method that includes testing and security measures
				  that are at least as secure as those present in the classroom course, as
				  established in Part 138 of this Title.
(b) General criteria. The department shall
				  review each application to assess the methodology, the sponsor's mastery of the
				  ADM, its internal controls and its overall ability to successfully deliver the
				  course in a manner consistent with consumer service and the aims of the motor
				  vehicle accident prevention course. Approval of one sponsor's ADM does not
				  constitute approval of the same delivery method by a different
				  sponsor.
(c) Applicants may apply
				  immediately upon the date this Part takes effect. No course will be approved
				  until the completed application is received, reviewed by the department and a
				  determination to approve it has been made.
(d) An ADM course applicant must be an active
				  sponsoring agency that had a classroom course approved by the commissioner
				  pursuant to article 12-B of the Vehicle and Traffic Law and Part 138 of this
				  Title prior to April 16, 2005. The commissioner may, in his or her discretion,
				  approve ADM course applications that have received classroom course approval
				  after such date and such applications must meet the criteria set forth in
				  subdivision (g) of this section.
(e) The commissioner may, in his or her
				  discretion, require that sponsoring agencies continue to deliver their DMV
				  approved classroom course throughout the duration of their approval to conduct
				  an ADM course.
(f) The department
				  reserves the right to deny participation in the ADM pilot if adverse material
				  is uncovered during the application review process which indicates that the
				  sponsor is not of the high moral and financial character required to operate an
				  ADM course.
(g) ADM course
				  applicants that did not have a classroom course approved by the commissioner
				  prior to April 16, 2005, must present proof satisfactory to the commissioner
				  that they purchased the ongoing concern and the approved course curricula of an
				  existing sponsoring agency or ADM sponsoring agency that remains in good
				  standing, or alternatively meet the following requirements:
(1) The course must be approved as a
				  classroom course pursuant to article 12-B of the Vehicle and Traffic Law and
				  such course must have been in existence for a minimum of one year, with at
				  least 20 classes conducted, prior to applying for ADM course
				  approval.
(2) The course may not be
				  delivered via the internet based course, but rather, must propose the use of
				  other technologies or delivery methods approved by the commissioner.
(3) One or more identity and participation
				  validation methods must be used by the course provider and be approved by the
				  commissioner.