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What is NYC AC § 19-199.4?

Quick Answer

This section allows the department to require registered owners of covered vehicles to complete a safe vehicle operation course. Owners can contest the requirement through a hearing and assert various defenses. Applies to registered vehicle owners who may face penalties for not completing the mandated course.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 19-199.4 Covered vehicle notice.

AC § 19-199.4

a. The department may require a registered owner of a covered vehicle, pursuant to this subchapter, to complete a safe vehicle operation course in accordance with rules promulgated by the department and to certify completion of such course to the department within the time period set forth in such rules. The department shall serve a notice of such requirement by first-class mail to the registered owner. b. The registered owner may request review of the notice by the department, within the time period set forth in rules promulgated by the department. The registered owner shall have the opportunity to contest such notice from the department made pursuant to subdivision a of this section before the office of administrative trials and hearings. At such hearing, the owner may assert defenses, including but not limited to: (1) a person other than the registered owner was driving the vehicle when the predicate violations were issued, provided that such other person has or will complete the course on behalf of the registered owner; (2) there are insufficient finally adjudicated predicate violations for such covered vehicle notice; (3) the registered owner in good faith attempted to enroll in the safe vehicle operation course but was unable to do so, due to no fault of their own; or (4) employment, health or family circumstances beyond the control of the registered owner would cause undue hardship and prevent them from completing the safe vehicle operation course within the time frame required by this subchapter. c. Notwithstanding any inconsistent provision of subdivision b of this section, where the registered owner of a covered vehicle is a person other than a natural person, the registered owner shall identify to the department the natural person who operated or is responsible for overseeing the operation of such covered vehicle. The department may require proof that such person operated or is responsible for the operation of such covered vehicle. Such person shall complete the safe vehicle operation course on behalf of the registered owner, as set forth in rules promulgated by the department. d. If the office of administrative trials and hearings finds that such registered owner must complete the safe vehicle operation course, such registered owner shall complete such course within a period of time after such determination, as set forth in rules promulgated by the department. (L.L. 2020/036, 2/26/2020, eff. 2/26/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/036.

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