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Article 12B - NY Vehicle and Traffic Law
APPROVAL OF MOTOR VEHICLE ACCIDENT PREVENTION COURSES
S 399-a. Statement of purpose. The purposes of this article are to
further highway safety by preserving the quality and efficacy of the
accident prevention course programs. These purposes will be accomplished
by establishing strict criteria for initial and continual course
sponsorship approval.
S 399-b. Definitions. For the purposes of this article, the following
terms shall have the following definitions:
1. "Sponsoring agency" shall mean an organization which owns a motor
vehicle accident prevention course approved by the commissioner.
2. "Delivery agency" shall mean an organization which conducts a
sponsoring agency's approved motor vehicle accident prevention course.
3. "Instructor" shall mean an individual employed by a delivery agency
to teach an approved accident prevention course.
4. "Accident prevention course" or "course" shall mean the accident
prevention course curriculum or specialized course curriculum which has
been approved by the commissioner.
5. "Completion certificate" shall mean a document which cannot be
altered and which is provided to the student who successfully completes
the accident prevention course.
6. "Specialized course" shall mean a course aimed primarily at
enhancing safety within a specific occupation or for a specific category
of vehicles.
S 399-c. Approval by the commissioner. The commissioner must approve
an accident prevention course before any person attending and
successfully completing such course may qualify to receive mandatory
insurance reduction benefits in accordance with subsection (a) of
section two thousand three hundred thirty-six of the insurance law. The
commissioner shall base the decision to approve a course upon the
requirements set forth in this article and any additional requirements
as the commissioner deems necessary.
S 399-d. Application for approval. 1. An agency or organization
seeking approval as a motor vehicle accident prevention course
sponsoring agency shall apply to the commissioner for approval. Such
applications shall be made in writing and on forms prescribed by the
commissioner. The application shall include at a minimum: the title or
name of the course, the name of the organization submitting the
application, proof of course ownership, and the names and addresses of
all owners, officers, and directors of the agency or organization, and
such other information or material as the commissioner may prescribe. An
application shall not be considered to be complete until all information
and material required by this chapter and by regulation of the
commissioner has been submitted.
2. The commissioner shall either approve or deny an application for
course approval no later than ninety days following submission of a
completed application. In the event the commissioner takes no action on
an application after ninety days following submission of a completed
application, the application shall be deemed denied.
S 399-e. Standards for course approval. 1. To be approved, a course
must:
(a) Have been given for at least two years by the applicant agency or
organization prior to the submission of an application.
* (b) Provide at least three hundred twenty minutes of instruction,
with a certified instructor present. The requirement that a certified
instructor be present shall not be applicable to a program approved
pursuant to article twelve-C of this title. Nothing in this section
shall prevent the use of audio/visual aids as part of the course
presentation prescribed by the commissioner.
* NB Repealed five years after the date that the accident prevention
course internet, and other technology pilot program is established and
implemented by the commissioner of motor vehicles pursuant to article
12-C of the vehicle and traffic law
* (b) Provide at least three hundred twenty minutes of instruction,
with a certified instructor present. Nothing in this section shall
prevent the use of audio/visual aids as part of the course presentation
prescribed by the commissioner.
* NB Effective five years after the date that the accident prevention
course internet, and other technology pilot program is established and
implemented by the commissioner of motor vehicles pursuant to article
12-C of the vehicle and traffic law
(c) Provide a description of the minimum qualifications of all
managers and instructors who will be hired by the applicant.
(d) Provide each instructor with an instructor's manual and provide
student workbooks and/or manuals for each course participant.
(e) Provide a copy of a completion certificate which is designed to
prevent and is capable of preventing fraud and forgery, and which is
approved by the commissioner for the purpose of verifying course
completion for submission to insurance companies.
(f) Provide proof of effectiveness pursuant to section three hundred
ninety-nine-f of this article.
2. The commissioner is authorized to suspend or revoke approval of a
sponsoring agency should the commissioner find that the sponsoring
agency, its delivery agency or its instructors have been found to be in
violation of any applicable laws or regulations.
S 399-f. Proof of effectiveness. Proof of effectiveness shall be
verifiable research documentation submitted by the applicant for
sponsorship showing evidence of effectiveness comparable to that of the
national safety council's defensive driving course as determined by the
commissioner in terms of reduced convictions or accidents or both. This
research documentation shall employ accepted research principles and
include treatment and non-treatment control groups comprised of samples
of the representative driver base. In order to establish verifiable
effectiveness, each sample group should be comprised of a minimum of
three thousand drivers selected randomly. The documentation shall
include conviction or accident data for each motorist for a period of at
least eighteen months prior to the course completion date and at least
eighteen months subsequent to such date, and equivalent time periods for
non-treatment control groups. The documentation shall also include a
description of the sampling and analytic procedures used, and the
motorist identification number and course completion date for all course
attendees. The applicant for sponsorship shall provide, at the request
of the commissioner and at the applicant's expense, all driving record
data and analysis used in the development of the submitted research
documentation. Submission of any fraudulent or intentionally misleading
data will disqualify that organization and all owners and principals
from participating or approval in the accident prevention course for a
period of ten years from submission date. The commissioner may, by
regulation, provide for a smaller sample group for specialized courses.
S 399-g. Regulations. The commissioner shall promulgate such rules and
regulations as are necessary to effectuate the provisions of this
article. In addition to any requirements expressly authorized by this
article, such regulations may include but not be limited to requirements
and standards with respect to: delivery agencies and instructors;
classroom facilities; suspension or revocation of approval; appeal of
suspension or revocation; course administration and advertising;
monitoring of courses and instructors; and reevaluation of course
effectiveness pursuant to section three hundred ninety-nine-f of this
article.
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