N.Y. Comp. Codes R. & Regs. tit. 15, § 125.7
The commissioner or deputy commissioner and counsel, the director of the division of hearing and adjudication or a supervising administrative law judge, may permit deviations from the provisions of this Subchapter where they are satisfied that the specific circumstances involved in any situation would result in a subversion of the intent of article 2-A of the Vehicle and Traffic Law if this Subchapter were to be strictly applied.