Current through Register Vol. 46, No. 52, December 24, 2024
(a)
Intent. Section
510 of
the Vehicle and Traffic Law provides that a license may be issued after
revocation in the discretion of the commissioner. In exercising such discretion
and in keeping with his responsibility to provide meaningful safeguards for the
general public who are users of the highways, it is the purpose of the
commissioner to utilize departmental driver improvement programs in order to
rehabilitate problem drivers through the use of education and explanation. It
is the further purpose of the commissioner to take disciplinary action in order
to force a change in the attitude and driving habits of problem drivers, where
the department's review indicates that such action is necessary for the
protection of the applicant and the public alike. This Part is intended to
implement such purposes by establishing criteria to identify individual problem
drivers, the application of which shall result in a presumption, in certain
cases, that the involved driver would present a potential danger to himself or
other users of the highway if allowed to be licensed or relicensed.
(b) Definitions.
(1) Problem driver. A problem driver is an
applicant for a driver's license or privilege who has had a series of
convictions, incidents and/or accidents or has a medical or mental condition,
which in the judgment of the commissioner or his or her designated agent, upon
review of the applicant's entire driving history, establishes that the person
would be an unusual and immediate risk upon the highways. The commissioner or
his or her designated agent shall set forth in writing the basis for the
determination that an applicant is a problem driver.
(2) Disability. A disability is any
condition, whether mental, emotional or physiological, which is likely to
diminish the ability of an individual to safely control or operate a motor
vehicle.
(3) History of abuse of
alcohol or drugs. A history of abuse of alcohol or drugs shall consist of a
record of two or more incidents, within a 10-year period, of operating a motor
vehicle while under the influence of alcoholic beverages and/or drugs or of
refusing to submit to a chemical test not arising out of the same incident,
whether such incident was committed within or outside of this State.
(4) Rehabilitative effort. Rehabilitative
effort shall consist of referral of an individual with a history of abuse of
alcohol or drugs to any agency certified by the Office of Alcoholism and
Substance Abuse and/or agents authorized by professional license or
professional certification, such as that granted by a board of examiners of the
State Education Department, for evaluation of the extent of alcohol and/or drug
use and satisfactory participation in any treatment recommended by such agency,
and/or evidence of abstinence from, or controlled use of, alcohol and/ or drugs
for a period of time sufficient to indicate that such person no longer
constitutes a danger to other users of the highway.
(5) Safety factor. A safety factor is a
conviction for, or a finding by a departmental hearing officer of, any
violation of the Vehicle and Traffic Law or of any local law, ordinance, order,
rule or regulation relating to traffic, except violations relating to parking,
standing or stopping; an accident with conviction involvement; an accident
where a finding of gross negligence in the operation of a motor vehicle or
operating a motor vehicle in a manner showing a reckless disregard for the life
or property of others is made by a departmental hearing officer; and a finding
of a chemical test refusal. A bail forfeiture shall be considered a conviction
for purposes of this Part.
(c) The provisions of this Part shall apply
to an application for restoration of a driver's license or driving
privilege.
