N.Y. Comp. Codes R. & Regs. tit. 15 § 141.4

Current through Register Vol. 46, No. 36, September 4, 2024

Section 141.4 - Eligibility to deliver an adm course

(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.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 141.4

Amended New York State Register February 2, 2022/Volume XLIV, Issue 05, eff. 2/2/2022