N.Y. Comp. Codes R. & Regs. tit. 15 § 134.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 134.1 - Introduction

(a) Intent. Article 21 of the Vehicle and Traffic Law as added by chapter 291 of the Laws of 1975, and recodified in article 31 by chapter 47 of the Laws of 1988, provides for the establishment of an alcohol and drug rehabilitation program for the purpose of providing rehabilitation to drivers convicted of alcohol or drug-related driving offenses or persons who have been adjudicated youthful offenders for alcohol or drug-related traffic offenses or persons found to have been operating a motor vehicle after having consumed alcohol in violation of section 1192-a of the Vehicle and Traffic Law to alleviate the threat to the lives and well-being of the citizens of this State posed by alcohol and drug-related driving. Although this article provides for the issuance of conditional licenses to persons enrolled in such program, this provision is incidental to the primary purpose of the legislation, highway safety. This Part is intended to implement the legislative intent by establishing criteria for eligibility of persons for entrance into such programs, issuance and use of conditional licenses, procedures to be followed by the courts, the Department of Motor Vehicles and motorists in conjunction with such programs, as well as the curricula to be used in such programs and the qualifications of persons who will be conducting such programs.

(b) Definitions.

(1) Program. As hereinafter used in this Part, the terms program, alcohol and drug rehabilitation program, rehabilitation program, or course shall mean a specific curriculum which must include training in a classroom setting, and may include instruction, discussion, testing, interviewing, counseling, referral for extended alcohol or drug rehabilitative activities and such rehabilitative activities, all of which have been approved by the commissioner and are administered by program administrators designated as such by the commissioner. Any extended alcohol or drug rehabilitative activities which occur after eight months following enrollment in the program must be recommended licensed providers of such services.

(2) Full period of suspension or revocation effectively served. A person will be deemed to have effectively served the full period of a suspension if he has received a suspension order, has surrendered his driver's license in response to such suspension order, has not been issued an unconditional license and has not operated a motor vehicle for the period of time for which his license has been suspended. A person will be deemed to have effectively served the full period of a revocation if he has received a revocation order, has surrendered his driver's license in response to such revocation order, has not been issued an unconditional license and has not operated a motor vehicle for a period of at least six months.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 134.1