Saturday, May 13, 2006

New York DMV - Negative Units

A NY DMV friend and I were just talking about the "negative unit" system. Down below I've pasted 15 NYCRR 136.6, which contains the scoring of negative units for safety factors. I'm not sure it will line up right, but we'll see. The first number is the number of units during the period from 1-3 years after you get them. The second number is how many you have in the first year.

Apparently in some circumstances you can denied reinstatement or relicensing, if you have too many negative units (more than 25 pursuant to § 136.4(a)(3). In other words, you get revoked (say for a DWI, youth DWAI, or too many points/speeds). The revocation period ends and you apply for your license back. DMV doesn't send you back your license, because you have too many negative units. The one-year revocation you thought you had turns out to be longer than you thought.

The DMV website lists the point system, but not the negative unit system. Very interesting and I hope to learn more about this. Please post comments if you have any thoughts.


15 NYCRR 136.6

Section 136.6 Weighing of safety factors.

(a) There shall be assigned to each safety factor a negative unit as follows:

Safety factor Assigned negative units
over one year within one
to three year of
years of application
application
(1) for each reportable accident of record with a --5 --8
finding by the referee of gross negligence in
the operation of a motor vehicle in a manner
showing a reckless disregard for the life and
property of others
(2) for each reportable accident of record with --3 --4
conviction involvement or with a finding by the
referee of a violation of the Vehicle and
Traffic Law
(3) for the first and second speeding conviction --3 --4
of record [FNa1]
(4) for the third and subsequent speeding --5 --8
conviction [FNa1]
(5) for reckless driving --5 --8
(6) for each conviction of record for leaving the --8 --11
scene of a personal injury accident of record
(7) for each alcohol-related offense of record as
follows:
(i) conviction for violation of subdivision (1)
of section 1192 of the Vehicle and Traffic Law:
first offense --5 --8
-------------------------------------------------------------------------------
second offense --8 --11
third or subsequent offense --11 --14
(ii) conviction for violation of subdivision (2),
(3) or (4) of section 1192 of the Vehicle and
Traffic Law:
first offense --8 --11
second or subsequent offense --11 --14
(iii) chemical test refusal --6 --11
(8) for each conviction of homicide, criminally --11 --14
negligent homicide, or assault arising out of
the operation of a motor vehicle
(9) (i) for each incident of driving during a --10 --12
period of alcohol-related license suspension or
revocation
(ii) for each other incident of driving during a --8 --10
period of license suspension or revocation
(10) for each conviction or finding by the --3 --4
commissioner's referee of a violation of
section 392 of the Vehicle and Traffic Law
(11) for each other conviction of record for a --2 --3
moving violation
[FNa1] For each speeding violation of 25 miles per hour or more over the posted
speed limit, add one point.


(b) The point reduction program shall not apply to any of the negative units listed in subdivision (a) of this section.
(c) For the purpose of this Part, the time periods for the computation of safety factors shall commence as of the date on which the incident occurred.
(d) In any case where two or more safety factors which are not independent of each other arise out of a single incident, only one of these safety factors shall be taken into consideration in a review of the total record. The safety factor which shall be taken into consideration in these cases shall be the safety factor having the greater weight, except that where two safety factors are of equal weight, either one may be taken into consideration.
Examples: (1) Where an accident and a conviction for reckless driving arise out of the same incident, only the reckless driving conviction, which is the safety factor having the greater weight, is considered in a review of the total record, because these safety factors are not independent of each other.
(2) Where a first conviction of subdivision 2 of section 1192 of the Vehicle and Traffic Law and a finding of a chemical test refusal arise out of the same incident, only one of these two safety factors having equal weight is considered in a review of the total record because these safety factors are not independent of each other.
(3) Where a person is convicted of reckless driving and the incident occurred during a period of license revocation, both of these safety factors shall be taken into consideration in a review of the total record, because these safety factors are independent of each other.
(4) Where a person is convicted of speeding and failure to keep right, where both violations occurred at the same time, both of these safety factors shall be taken into consideration, because these safety factors are independent of each other.
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