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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. Top of Page
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