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Article 12B - NY Vehicle and Traffic Law

APPROVAL OF MOTOR VEHICLE ACCIDENT PREVENTION COURSES

Section Description
399-aStatement of purpose.
399-bDefinitions.
399-cApproval by the commissioner.
399-dApplication for approval.
399-eStandards for course approval.
399-fProof of effectiveness.
399-gRegulations.
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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