Matter of Acevedo v New York State Dept. of Motor Vehs., 2017 NY Slip Op 03690 (2017)
Upon a conviction for a violation of Section 1192 of the VTL, the statute requires certain periods of revocation. The periods of revocation increase based upon the amount of prior Convictions. But, the statute is self explanatory and sets forth a Legislative prerogative as to the nature and extend of license revocation for a violation of VTL 1192.
The Executive branch, upon application of VTL 510(1), promulgated regulations that at first blush, second blush and third blush conflict with the VTL with regard to license revocations,
According to the Court: “The Appellate Division panels determined that DMV did not exceed its regulatory authority because “it did not act on its own ideas of public policy, but rather implemented the Legislature’s policies of promoting highway safety” (Acevedo, 132 AD3d at 119), and because the Regulations represented “an appropriate discretionary determination by the Commissioner” (Carney, 133 AD3d at 1152-1153). The court also held that the Regulations do not conflict with the Vehicle and Traffic Law, and that they were not impermissibly applied retroactively to petitioners’ applications.”
But at the end of the day, the Court did held that the broad powers of the DMV allow regulations to be drafted that conflict with the VTL.
The analogy here is that the Court of Appeals has held that DFS opinion letters, even if they conflict with the Ins. Law or Ins. Dept. regulations, will be given complete deference. Acevedo could stand for the proposition that Ins. Dept regulations that conflict with the Ins. Law could still be enforceable. It is interesting.
