reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 134 - Alcohol And Drug Rehabilitation Programs › Section 134.2 - Persons eligible for program

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who is convicted of a violation of any
					 subdivision of section 1192  of the Vehicle and Traffic Law, or is
					 found to have been operating a motor vehicle after having consumed alcohol in
					 violation of section 1192-a of this article, or of an alcohol or drug-related
					 traffic offense in another state, shall be eligible for enrollment in an
					 alcohol and drug rehabilitation program unless: such person has participated in
					 a program established pursuant to article 31 of the Vehicle and Traffic Law
					 within the five years immediately preceding the date of commission of the
					 alcohol or drug-related offense or such person has been convicted of a
					 violation of any subdivision of section 1192 of such law during the five years
					 immediately preceding commission of an alcohol or drug-related offense; with
					 respect to persons convicted of a violation of section 1192  of the Vehicle and Traffic Law, is
					 prohibited from enrolling in a program by the judge who imposes sentence upon
					 the conviction; or the commissioner is prohibited from issuing such new license
					 to a person because of two convictions of a violation of section 1192  of the Vehicle and Traffic Law where
					 physical injury, as defined in section 10 of the Penal Law, has resulted in
					 both instances. Notwithstanding the provisions of this section, a person shall
					 be eligible for enrollment in the alcohol and drug rehabilitation program if
					 such person is sentenced pursuant to the plea bargaining provisions set forth
					 in Vehicle and Traffic Law, section
					 1192(10)(a)(ii) and
					 (10)(d).
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 134 - Alcohol And Drug Rehabilitation Programs › Section 134.3 - Court action upon conviction of a violation of section 1192 of the Vehicle and Traffic Law

Current through Register Vol. 46, No. 28, July 10, 2024
Article 21 of the Vehicle and Traffic Law permits a judge
					 who imposes sentence upon a conviction of a violation of any subdivision of
					 section 1192  of the Vehicle and Traffic Law to
					 prohibit a defendant from enrolling in a rehabilitation program under article
					 21. It is recommended that the following procedures be followed:
(a)
Prohibition from enrollment by a
				  judge.
If a judge wishes to prohibit the defendant from enrolling
					 in a rehabilitation program, upon conviction the judge may impose any penalty
					 provided by law and he should suspend or revoke the defendant's driver's
					 license, whichever is appropriate, pick up such defendant's driver's license,
					 and forward the driver's license and a certificate of conviction to the
					 commissioner within 48 hours of conviction. A statement indicating that the
					 judge is prohibiting the defendant from enrolling in a rehabilitation program
					 must be prominently placed on the certificate of conviction or on an
					 accompanying letter on court stationery.
(b)
No prohibition from enrollment by
				  the judge.
If a judge does not wish to prohibit the defendant from
					 enrolling in a rehabilitation program, upon conviction, it is recommended that
					 the judge impose, in addition to any other sentence required or permitted by
					 law, a sentence of conditional discharge or probation, the conditions of such
					 discharge or probation being that the defendant enroll in and satisfactorily
					 complete a rehabilitation program established pursuant to article 21 of the
					 Vehicle and Traffic Law. The judge should suspend or revoke the defendant's
					 driver's license as required by section 1193  of the Vehicle and Traffic Law. A
					 certificate of conviction indicating the sentence of conditional discharge
					 should be forwarded to the commissioner within 48 hours of conviction. All
					 additional action in relation to enrollment in a rehabilitation program will be
					 taken by the Department of Motor Vehicles.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 134 - Alcohol And Drug Rehabilitation Programs › Section 134.5 - Procedures to be followed by defendant who receives notification of eligibility for enrollment in a rehabilitation program

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of notification from the department of
					 eligibility for enrollment in a rehabilitation program, the defendant may apply
					 for enrollment in such a program. To make application, the defendant shall
					 submit a completed waiver form and other necessary forms, as directed on the
					 notice. The commissioner or designated person shall apply the criteria set
					 forth in section
					 134.2 
					 of this Part to determine the applicant's final eligibility for enrollment in a
					 program. If the applicant is found to be eligible for enrollment, and he has
					 met all requirements for enrollment established by statute and this Part, the
					 applicant shall be enrolled in a rehabilitation program. In addition, if the
					 applicant is eligible for the issuance of a conditional license, in accordance
					 with criteria established in section
					 134.7 
					 of this Part, a conditional license will be issued to the applicant in
					 accordance with this Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 134 - Alcohol And Drug Rehabilitation Programs › Section 134.6 - Waiver required

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Included in an application for enrollment in a rehabilitation program shall be
				  a waiver by the applicant. Such waiver shall provide that the applicant agrees:
(1) to accept and abide by all conditions
				  contained on the conditional license, if such a license is issued to
				  him;
(2) to complete the
				  rehabilitation program, including referrals for evaluation and
				  treatment;
(3) to pay all fees
				  required for the rehabilitation program;
(4) except as provided for in section
				  134.9(d)(2) 
				  of this Part, if for any reason any conditional license which is issued to him
				  is revoked, or if he fails to satisfactorily complete the rehabilitation
				  program, the suspension or revocation of his license resulting from the
				  conviction for which he was enrolled in the program shall be reimposed for the
				  full period of such suspension or revocation, unless such full period has
				  already been effectively served; and
(5) before the issuance of a conditional
				  license, if such a license is issued to him, and before the reinstatement or
				  return of an unconditional driver's license is made to him, he must satisfy any
				  outstanding administrative suspensions, notices or bars, such as suspensions or
				  bars for failure to answer traffic summonses.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 134 - Alcohol And Drug Rehabilitation Programs › Section 134.11 - Issuance of unconditional driver's license

Current through Register Vol. 46, No. 28, July 10, 2024
Satisfactory completion of a rehabilitation program or
					 expiration of the term of suspension, whichever occurs first, will initiate the
					 necessary action to provide for the termination of the suspension or revocation
					 which was the basis for entry into the rehabilitation program, provided
					 however, no such suspension or revocation shall be terminated prior to the
					 expiration of the term of suspension or revocation if the applicant for the
					 unconditional license has two or more alcohol- or drug-related driving
					 convictions or incidents within the preceding 25 years. For the purposes of
					 this section, the preceding 25 years means the period commencing upon the date
					 that is 25 years before the date of the violation that resulted in enrollment
					 in the program and ending on and including the date of such violation. Upon a
					 determination of satisfactory completion of the rehabilitation program or the
					 term of suspension, and unless otherwise determined by the commissioner, as
					 provided for in section
					 134.10(b) 
					 of this Part, a notice of termination of the suspension or revocation and an
					 unconditional license will be issued. However, no such license will be issued
					 until all civil penalties due the department are paid or if there are any
					 outstanding suspensions, revocations, or bars against such license until such
					 suspensions, revocations, or bars are satisfactorily disposed of by the
					 applicant. Any conditional license which is still valid will be terminated
					 concurrently with the return of the unconditional driver's license and must be
					 returned to the department. A conditional license shall not be renewed more
					 than one year after the issuance of the conditional license if a revocation is
					 issued for a chemical test refusal and the holder of the conditional license
					 has not paid the civil penalty required by section 1194  of the Vehicle and Traffic
					 Law.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 134 - Alcohol And Drug Rehabilitation Programs › Section 134.12 - Notification to the court

Current through Register Vol. 46, No. 28, July 10, 2024
In any case where the sentence upon conviction consists of
					 a conditional discharge, the department will notify the convicting court of the
					 final disposition of any action relating to any person who has not been
					 prohibited from enrolling in a rehabilitation program by a judge. Notification
					 of ineligibility for a rehabilitation program and failure to enroll in the
					 program if eligible or failure to satisfactorily complete such a program will
					 be sent to the court as expeditiously as possible, so that where appropriate
					 the court may take the necessary steps to resentence the defendant for a
					 failure to meet the conditions of any conditional discharge. Notification of
					 satisfactory completion of a rehabilitation program will be sent to the
					 appropriate court. Such notification will indicate compliance of the defendant
					 with the conditions of the conditional discharge which may have been imposed by
					 the court relating to enrollment and satisfactory completion of a
					 rehabilitation program.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 134 - Alcohol And Drug Rehabilitation Programs › Section 134.13 - Out-of-state convictions

Current through Register Vol. 46, No. 28, July 10, 2024
All of the provisions of this Part shall be applicable to
					 the holder of a New York State driver's license who has been convicted of an
					 alcohol-or drug-related traffic offense in another state except that those
					 provisions which relate to the actions of the convicting judge, the effect of
					 satisfactory completion of a rehabilitation program upon a sentence of fine or
					 imprisonment and notification to the court by the department shall not be
					 applicable. In addition, if the driving privileges of a New York licensee
					 convicted in another state are suspended or revoked by such other state, the
					 conditional license issued by the commissioner will not permit the holder to
					 operate in such other state during the term of suspension or revocation of his
					 driving privileges within that state, unless specifically permitted by that
					 state.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 134 - Alcohol And Drug Rehabilitation Programs › Section 134.14 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
Article 21 provides for the establishment of a schedule of
					 fees to be paid by or on behalf of each participant in the program, which fees
					 shall defray the ongoing expenses of the program.
(a) This fee shall consist of two parts:
(1) that portion of the fee necessary to
				  defray the administrative costs of the Department of Motor Vehicles in
				  administering the program, which shall be paid by the applicant to the
				  department at the time he makes application for acceptance in a rehabilitation
				  program; and
(2) that portion of
				  the fee required for enrollment in a program which shall be paid by the
				  applicant prior to entry into the program to the entity authorized by the
				  department to conduct a rehabilitation program. Such fee shall not be
				  refundable unless the person is denied enrollment in the program upon his
				  application. Moreover, no portion of the fee shall be refundable by reason of
				  the participant's withdrawal or expulsion from the program.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 134 - Alcohol And Drug Rehabilitation Programs › Section 134.15 - Establishment of alcohol and drug rehabilitation programs

Current through Register Vol. 46, No. 28, July 10, 2024
The department may enter into an agreement with a
					 municipality, a department of a municipality, or other agency to provide that
					 such municipality, department thereof, or other agency shall conduct a
					 rehabilitation program. Any agreement shall provide that any such party shall
					 conduct the program in accordance with a curriculum approved by the department,
					 in a facility acceptable to the department, administered by and given by
					 persons who are approved by and who meet qualifications established by the
					 commissioner. Such party shall agree to abide by any class size limitation
					 established by the department, to charge not more than the fee prescribed by
					 the department and to cooperate fully with the department in the conduct and
					 administration of any such program including the monitoring and evaluation of
					 any phases of the program or its administration by persons designated by the
					 commissioner. No program will be approved if any referral for extended
					 rehabilitative activities is connected in any manner with the person making
					 such referral so that financial or other benefits will result to such person as
					 a result of such referral.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 134 - Alcohol And Drug Rehabilitation Programs › Section 134.16 - Confidentiality of records

Current through Register Vol. 46, No. 28, July 10, 2024
Any record relating to a person enrolled in such a program
					 generated by the agency which is conducting a rehabilitation program shall be
					 confidential and shall not be disclosed other than in conjunction with the
					 rehabilitation program to any person other than the person himself and, where
					 appropriate, the Department of Motor Vehicles. This provision shall not apply
					 to any notification of satisfactory completion of a program or notification
					 that the person has failed or is failing to satisfactorily complete a
					 program.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 134 - Alcohol And Drug Rehabilitation Programs › Section 134.18 - Conditional license issued pending prosecution

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a driver's license is suspended
				  pending prosecution pursuant to section 1193 (2)(e)(7)  of the
				  Vehicle and Traffic Law, the holder of such license may be issued a conditional
				  license, 30 days after such suspension takes effect, provided such person is
				  eligible for such a license as set forth in section
				  134.7 
				  of this Part and section 1196  of the Vehicle and Traffic Law. Such
				  license shall not be valid for the operation of a commercial motor vehicle or a
				  taxicab. The holder of such license shall not be required to and may not
				  participate in the alcohol and drug rehabilitation program when issued a
				  conditional license pursuant to this section.
(b) Establishment of conditions. Each
				  conditional license issued under this section shall be subject to the
				  conditions set forth in section
				  134.9(b) 
				  of this Part and section 1196  of the Vehicle and Traffic
				  Law.
(c) Revocation of conditional
				  license. The provisions of section
				  134.9(d) 
				  of this Part shall be applicable to a conditional license issued under this
				  section.
(d) Period of validity. A
				  conditional license issued under this section shall be valid, unless otherwise
				  revoked, suspended or expired, until the prosecution for the pending
				  alcohol-related charge is terminated.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 135 - Restricted Use License › Section 135.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Intent. Article
				  21-A of the Vehicle and Traffic Law provides for the issuance of a restricted
				  use license to a person whose driver's license has been suspended or revoked
				  pursuant to section 318 or
				  510  of the Vehicle and Traffic Law. The
				  issuance of such a license is in the discretion of the commissioner or his duly
				  authorized agent and such license can be issued only after it is established to
				  the satisfaction of the issuing officer that such a license is a necessary
				  incident to the applicant's employment, business, trade, occupation,
				  profession, education, or necessary medical treatments and that a denial of
				  such a license would deprive the person of his or her usual means of livelihood
				  and constitute an unwarranted and substantial hardship on the applicant and his
				  or her immediate family, or would seriously impair such person's ability to
				  meet the requirements of his or her education by prohibiting his or her travel
				  to and from a class or course at an accredited school, college or university or
				  at a State-approved institution of vocational or technical training. The
				  primary purpose of this article is to alleviate such hardships while providing
				  a system of driver rehabilitation for persons who have had their driver's
				  license suspended or revoked. This Part is intended to implement such purposes
				  by establishing criteria for the issuance and use of a restricted use license
				  and procedures to be followed by the Department of Motor Vehicles and
				  motorists.
(b) Definitions.
(1) Driver's license. A license issued
				  pursuant to article 19 of the Vehicle and Traffic Law.
(2) Restricted license. A restricted use
				  license issued pursuant to article 21- A of the Vehicle and Traffic
				  Law.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 135 - Restricted Use License › Section 135.2 - Persons eligible for restricted license

Current through Register Vol. 46, No. 28, July 10, 2024
A restricted license shall only be issued to a person whose
					 New York State driver's license has been suspended or revoked pursuant to
					 section 318 or
					 510  of the Vehicle and Traffic Law, who has
					 been sent an order of such suspension or revocation by the commissioner, who
					 establishes his need for such license in conformity with section
					 135.8 
					 of this Part and who would not be denied a restricted license pursuant to
					 section
					 135.7 
					 of this Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 135 - Restricted Use License › Section 135.3 - Action to be taken by court

Current through Register Vol. 46, No. 28, July 10, 2024
Article 21-A does not provide for any action to be taken by
					 a court with respect to the issuance of a restricted license. A court shall
					 continue to perform all functions relating to sentencing, suspension or
					 revocation of a driver's license and the forwarding of a certificate of
					 conviction to the Department of Motor Vehicles upon a conviction in accordance
					 with the provisions of the Vehicle and Traffic Law as if article 21-A had not
					 been enacted.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 135 - Restricted Use License › Section 135.4 - Initial procedures by department upon revocation or suspension

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Revocation or
				  suspension issued pursuant to section 510  of the Vehicle and Traffic Law. Upon the
				  generation of an order of suspension or revocation of a driver's license issued
				  pursuant to section 510  of the Vehicle and Traffic Law, the
				  department will review the motorist's driving record to determine whether the
				  motorist is eligible for issuance of a restricted license pursuant to the
				  provisions of this Part. If the motorist is eligible, the order will be mailed
				  to the motorist. If the motorist is not eligible for a restricted license, the
				  order will be mailed to the motorist with an explanation of his/her
				  ineligibility.
(b) Revocation
				  pursuant to section 318  of the Vehicle and Traffic Law. Upon the
				  generation of an order of revocation of a driver's license issued pursuant to
				  section 318  of the Vehicle and Traffic Law, the
				  department will not make a determination of eligibility for a restricted
				  license at that time, unless the revocation is based upon a conviction of a
				  violation of section 319  of the Vehicle and Traffic Law, but will
				  mail to the motorist the revocation order.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 135 - Restricted Use License › Section 135.6 - Waiver required

Current through Register Vol. 46, No. 28, July 10, 2024
Included in an application for a restricted use license
					 shall be a waiver by the applicant. No person shall be issued a restricted
					 license unless a waiver signed by the applicant is filed with the department.
					 Such waiver must contain a statement that a driving license is a necessary
					 incident to the applicant's employment, business, trade, occupation, profession
					 or education, or en route to or from a medical examination or treatment as part
					 of a necessary medical treatment for such applicant or member of his or her
					 household, as evidenced by a letter to that effect from a licensed medical
					 practitioner, and that the denial of a license would deprive the applicant of
					 his or her usual means of livelihood and would constitute an unwarranted and
					 substantial hardship on the applicant and such applicant's immediate family, or
					 would seriously impair such person's ability to meet the requirements of his
					 education by prohibiting his travel to and from a class or course at an
					 accredited school, college or university or at a State-approved institution of
					 vocational or technical training, and shall provide that the applicant
					 agrees:
(a) to accept and abide by all
				  conditions contained on the restricted license;
(b) to notify the department if he is no
				  longer eligible for such license, by reason of termination of employment or
				  education, or other similar reason, and to surrender the restricted license
				  upon such occurrence;
(c) if for
				  any reason the restricted license which is issued to the applicant is revoked,
				  the suspension or revocation of his driver's license which resulted in such
				  applicants obtaining the restricted license shall be reimposed for the full
				  period of such suspension or revocation and the time during which such
				  applicant held a restricted license will not be credited in computing
				  compliance with the suspension or revocation period.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 135 - Restricted Use License › Section 135.8 - Determination of necessity for restricted license

Current through Register Vol. 46, No. 28, July 10, 2024
The determination as to the necessity for any motorist to
					 obtain a restricted license shall be made by the commissioner based upon
					 information provided by the motorist in a form provided by the commissioner.
					 The applicant must make a positive statement of need. The commissioner may
					 investigate such statement or require the verification of the facts before
					 accepting such a statement.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 135 - Restricted Use License › Section 135.10 - Cessation of need for restricted license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a person has been issued a restricted
				  license and thereafter the employment, medical treatment or education which
				  forms the basis upon which such license was issued terminates and the person
				  becomes unemployed, discontinues his or her medical treatment or discontinues
				  his or her education, the restricted license must be surrendered to the issuing
				  office of the department which issued the license within three days of such
				  termination of employment or education. In such a situation, the period of time
				  during which the person validly held such restricted license shall be credited
				  towards compliance with the revocation or suspension order which formed the
				  basis for the issuance of the restricted license.
(b) If a person has been issued a restricted
				  license and thereafter the employment or education or medical treatment which
				  forms the basis upon which such license was issued terminates and the person
				  becomes unemployed or discontinues his or her education or discontinues his or
				  her medical treatment, and the restricted license has been surrendered in
				  accordance with subdivision (a) of this section, and the person becomes
				  reemployed, or reenrolls in an educational program or requires further medical
				  treatment and demonstrates a need for a restricted license in conjunction with
				  such employment, education or medical treatment, the restricted license,
				  properly amended, may be reissued to such person upon his or her application to
				  the issuing office of the department to which such license was surrendered
				  without payment of any additional fee.
(c) The provisions of this section shall not
				  apply to a situation in which the employment or education or medical treatment
				  upon the issuance of a restricted license was based is terminated but other
				  employment or education or medical treatment which would support the issuance
				  of a restricted license is obtained within three days of the termination of the
				  previous employment or education. In such case, the licensee shall apply for an
				  amended restricted license at the appropriate issuing office of the
				  department.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 135 - Restricted Use License › Section 135.12 - Issuance of a driver's license

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Suspensions. If a person's driver's license has been suspended and a restricted
				  license has been issued to such person, upon completion of the suspension
				  period and the surrender of the restricted license, the person's driver's
				  license will be restored to such person upon payment of any suspension
				  termination fee required by section 503 (2)(j)  of the Vehicle
				  and Traffic Law, provided there is no other reason why such driver's license
				  should not be issued.
(b)
				  Revocations. If a revocation order has been issued against a licensee and a
				  restricted license has been issued to such person, such person may make an
				  application for a driver's license when the minimum waiting period provided in
				  statute for the approval of a license after revocation has passed. Such
				  application may then be approved upon successful completion of the requirements
				  for the issuance of a driver's license and the surrender of the restricted
				  license, provided there is no other reason why such driver's license should not
				  be issued; however, no such license will be issued if such person has a
				  combination of safety factors resulting in 25 or more negative units, as set
				  forth in section
				  136.6(a) 
				  of this Title.
(c) Compliance.
				  Compliance with the suspension order or revocation order issued against a
				  driver's license will commence on the effective date of the order.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 135 - Restricted Use License › Section 135.13 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
Article 21-A provides a statutory fee of $75 for the
					 issuance of a restricted license and also for the establishment of a schedule
					 of fees to be paid by or on behalf of a participant in a driver rehabilitation
					 program, which fee shall defray the ongoing expenses of the program.
(a)
Statutory $75 license fee.
The statutory fee of $75 for the issuance of a restricted
					 license must be paid to the Department of Motor Vehicles before a restricted
					 license will be issued. The fee for the renewal of a restricted license will be
					 the same fee which would be required for the renewal of the person's driver's
					 license, and if such fee is paid, such fee will be made applicable to the
					 driver's license which is issued to such person at the completion of the
					 suspension period or upon approval of the issuance of a driver's license after
					 the revocation period provided that the revokee has satisfactorily complied
					 with all the requirements applicable to the issuance and use of the restricted
					 license.
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 136.2 - Approval of application

Current through Register Vol. 46, No. 28, July 10, 2024
Except as provided in sections
					 136.3,
					 136.4
					 and
					 136.5 
					 of this Part, an application for a driver's license shall be approved. In
					 addition, an application for re-licensure shall be waived under the following
					 circumstances:
(a) If the licensee
				  holds a commercial driver's license and a conviction results in the revocation
				  of both the commercial and non-commercial portion of his or her driver's
				  license, the commercial portion of the driver's license shall be automatically
				  restored after the minimum one- year revocation period is served, if the
				  non-commercial portion of the license has been restored as the result of either
				  completion of the alcohol and drug rehabilitation program or approval for re-
				  licensure pursuant to this Part.
(b) If the licensee holds a commercial
				  driver's license and such license is revoked as the result of a conviction that
				  results solely in the revocation of the commercial portion of such license,
				  then such license shall be automatically restored after the one-year minimum
				  revocation period is served.
(c)
				  Subdivisions (a) and (b) shall not be applicable to a person whose license is
				  suspended or revoked for an independent violation or violations at the time at
				  which such person would be eligible for restoration of the commercial portion
				  of his or her license pursuant to such subdivisions.
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 136.3 - Grounds for immediate denial of application

Current through Register Vol. 46, No. 28, July 10, 2024
An application for a driver's license shall be denied
					 without further review if:
(a) the
				  minimum waiting period provided by statute has not expired; and/or
(b) there is evidence of an open suspension
				  or suspensions which have not been fully complied with; and/or
(c) the applicant fails to furnish any
				  requested document or information required by the commissioner as part of the
				  record review.
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 136.4 - Denial of application following record review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application for a driver's license
				  shall be denied if:
(1) a disability, as
				  defined in section
				  136.1(b)(2) 
				  of this Part, is found, unless evidence shall be presented to satisfy the
				  commissioner that such individual may safely operate a motor vehicle;
				  and/or
(2) there is a history of
				  abuse of alcohol or drugs, as defined in section
				  136.1(b)(3) 
				  of this Part, with insufficient evidence of rehabilitative effort;
				  and/or
(3) There is a combination
				  of safety factors, as defined in Section
				  136.1(b)(5) 
				  of this part, resulting in 25 or more negative units, as set forth in section
				  136.6(a) 
				  of this Part.
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 136.5 - Special rules for applicants with multiple alcohol - or drug-related driving convictions or incidents and for applicants with an alcohol-related conviction related to a fatal accident

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  For the purposes of this section:
(1)
				  "Alcohol- or drug-related driving conviction or incident" means any of the
				  following, not arising out of the same incident:
(i) a conviction of a violation of section 1192  of the Vehicle and Traffic Law or an
				  out-of-state conviction for operating a motor vehicle while under the influence
				  of alcohol or drugs;
(ii) a
				  finding of a violation of section 1192-a  of the Vehicle and Traffic Law or
				  a finding of a refusal to submit to a chemical test under section 1194-a  of the Vehicle and Traffic Law;
				  provided, however, that no such findings shall be considered after the
				  expiration of the retention period contained in paragraph (k) of subdivision 1
				  of section 201  of the Vehicle and Traffic Law;
(iii) a conviction of an offense
				  under the Penal Law for which a violation of section 1192  of the Vehicle and Traffic Law is an
				  essential element; or
(iv) a
				  finding of refusal to submit to a chemical test under section 1194  of the Vehicle and Traffic Law, where
				  such finding does not arise out of an incident that resulted in a conviction of
				  a violation of section 1192  of the Vehicle and Traffic
				  Law.
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 136.7 - Licenses from other jurisdictions

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provision of this Part, whenever
					 a license has been revoked after a determination that such license was
					 irregularly obtained based upon submission of a driver's license from another
					 jurisdiction, which license was not valid at the time of submission, such
					 revocation shall not be terminated, and no new license issued:
(a) if the license from the other
				  jurisdiction was revoked at the time of submission, until at least one year has
				  elapsed from the date of the revocation issued by the other jurisdiction, or
				  until such revocation is no longer in effect in the other jurisdiction,
				  whichever occurs sooner; or
(b) if
				  the license from the other jurisdiction was suspended at the time of
				  submission, until such suspension period is terminated.
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 136.8 - Effect of application denial

Current through Register Vol. 46, No. 28, July 10, 2024
Denial of an application for license shall be appealable to
					 the Administrative Appeals Board, except that the appeals board shall not
					 consider any material which had not been previously submitted. In such a case,
					 the applicant shall be required to submit any additional material in a new
					 application.
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 136.9 - Effect of completion of the alcohol and drug rehabilitation program

Current through Register Vol. 46, No. 28, July 10, 2024
The successful completion of the article 21 alcohol and
					 drug rehabilitation program, where no intervening safety factors occurred
					 between the date such person entered the program and the date the application
					 for a license is made and with no subsequent incidents of operating a motor
					 vehicle while under the influence of alcoholic beverages or drugs, shall be
					 considered evidence of rehabilitative effort satisfactory for the purposes of
					 this Part. Provided, however, if enrollment in the program based upon the plea
					 bargaining provisions of Vehicle and Traffic Law, section
					 1192(10)(a)(ii) and
					 (10)(d), and if such person would not
					 otherwise have been eligible for enrollment in the program pursuant to section
					 1196(4) of such law, then completion of the program, may not, in the
					 commissioner's discretion, be deemed evidence of rehabilitative
					 effort.
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 136.10 - Application for relicensing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application
				  by the holder of a post-revocation conditional license. Upon the termination of
				  the period of probation set by the court, the holder of a post-revocation
				  conditional license may apply to the commissioner for restoration of a license
				  or privilege to operate a motor vehicle. An application for licensure may be
				  approved if the applicant demonstrates that he or she:
(1) has a valid post-revocation conditional
				  license; and
(2) has demonstrated
				  evidence of rehabilitation as required by this Part.
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 138.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
Section 2336  of the Insurance Law provides that the
					 Department of Motor Vehicles will approve and monitor motor vehicle accident
					 prevention courses for liability and collision insurance premium reduction. A
					 course which has been approved by the department for liability and collision
					 insurance premium reduction shall also be eligible to provide point reduction
					 pursuant to the provisions of this Part and Part 131 of this Title. Article
					 12-B of the Vehicle and Traffic Law sets out certain standards for preserving
					 the quality and efficacy of the accident prevention course program.
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 138.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following terms shall
					 have the following meanings:
(a)
				  Sponsoring agency shall mean an organization which owns an approved motor
				  vehicle accident prevention course approved by the commissioner pursuant to
				  this Part. A sponsoring agency shall be responsible for the delivery and
				  administration and compliance with all applicable laws, rules, and regulations
				  relative to the motor vehicle accident prevention course.
(b) Delivery agency shall mean an
				  organization which conducts a sponsoring agency's approved motor vehicle
				  accident prevention course.
(c)
				  Department shall mean the New York State Department of Motor
				  Vehicles.
(d) Instructor shall mean
				  an individual employed by a sponsoring agency or delivery agency to teach an
				  approved motor vehicle accident prevention course who meets the qualifications
				  set out in section
				  138.7 
				  of this Part.
(e) Accident
				  prevention course or course shall mean the motor vehicle accident prevention
				  course or specialized course curriculum which has been approved by the
				  department in accordance with standards set out in this Part.
(f) Specialized course shall mean a course
				  aimed primarily at enhancing safety within a specific occupation or for a
				  specific category of vehicles within that occupation.
(g) Completion certificate shall mean a
				  document which cannot be altered and which is provided to the student who
				  successfully completes the motor vehicle accident prevention course.
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 138.3 - Point reduction benefits

Current through Register Vol. 46, No. 28, July 10, 2024
Section
					 131.5 
					 of this Title permits drivers to be eligible for point reduction on their
					 driving record if they have completed an approved course. Upon receipt of
					 electronic student completion data and $2 from the sponsoring agency to cover
					 the department's administrative costs, notice of program completion will be
					 entered on a motorist's driving record. The department will enter a maximum
					 reduction of four points on the driving record, if appropriate, for each
					 motorist certified as having attended and completed a motor vehicle accident
					 prevention course. All required documentation must be transmitted by the
					 sponsoring agency to the department in a manner prescribed by the
					 department.
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 138.5 - Sponsoring agency approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  organization that owns a course must obtain approval from the department before
				  the course can qualify for point and insurance reduction benefits.
(b) An application for approval of a
				  sponsoring agency shall be made in writing to the department and must include:
(1) the title or name of the
				  course;
(2) the name of the
				  organization submitting the application;
(3) proof of course ownership; and
(4) the names and addresses of all owners,
				  operators, managers, partners, officers and directors of the agency or
				  organization and, if such persons have ever used or have ever been known by
				  another name, such name or names must also be submitted.
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 138.6 - Delivery agency approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  delivery agency applications must be reviewed and approved by an approved
				  sponsoring agency before the delivery agency may conduct a course which
				  qualifies for point and insurance reduction benefits.
(b) In order to be approved by a sponsoring
				  agency, a delivery agency must:
(1) have at
				  least one qualified instructor on staff pursuant to section
				  138.7 
				  of this Part;
(2) have one or more
				  classrooms which meet standards set out in section
				  138.8  of
				  this Part;
(3) offer a course
				  approved pursuant to section
				  138.4 
				  of this Part;
(4) comply with
				  section 1304  of the Not-for-Profit Corporation Law
				  if the delivery agency is a foreign not-for-profit corporation or section 1304  of the Business Corporation Law if the
				  delivery agency is a foreign profit making corporation;
(5) submit to the sponsoring agency copies of
				  the forms filed with the appropriate county clerk if the delivery agency is an
				  individual, partnership and/or d/b/a;
(6) submit to the sponsoring agency a copy of
				  the certificate of incorporation filed with the Secretary of State if the
				  delivery agency is a corporation or, if applicable, a copy of the charter
				  issued by the New York State Board of Regents; and
(7) submit to the sponsoring agency the
				  Federal employer tax identification numbers and/or Federal social security
				  account numbers of the owners, operators, managers and instructors and any
				  other paid employee who is involved in the administration or delivery of any
				  approved motor vehicle accident prevention course.