BILL ANALYSIS
SB 1394
Page 1
Date of Hearing: August 23, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SB 1394 (Kehoe) - As Amended: August 18, 2010
SENATE VOTE : 34-0
SUBJECT : Driver's license reexamination
SUMMARY : Repeals the sunset dates on statutes authorizing the
reexamination of certain licensed drivers of motor vehicles.
Specifically, this bill :
1)Requires the Department of Motor Vehicles (DMV) to check the
record of a driver's license (DL) applicant for traffic
convictions, accidents, lapse-of-consciousness (LOC) reports,
reports of inability to operate a vehicle received from family
members, and notices of re-examination issued by traffic
officers, prior to issuing or renewing a license.
2)Requires DMV to check the record of a DL applicant for notices
of failure to appear in court prior to issuing or renewing a
license and to withhold or not issue a license to an applicant
who has violated his or her written promise to appear unless
the case has been adjudicated or the applicant's record is
cleared.
3)Allows DMV to remove and destroy notices of failure to appear,
failure to pay a fine, or failure to obey a court order, that
have been on file for five or more years.
4)Requires DMV to reexamine a person's ability to operate a
motor vehicle (i.e., administer a road test) upon receipt of a
request for a reexamination from a traffic officer or a report
from a local health officer that the person has a disorder
characterized by LOCs.
5)Requires DMV to reexamine a person's ability to operate a
motor vehicle and determine whether that person's driving
privilege should be suspended or revoked upon receiving
information from a family member that the person cannot safely
operate a motor vehicle.
EXISTING LAW : Includes the above-described requirements but
SB 1394
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repeals them effective January 1, 2011.
FISCAL EFFECT : Unknown.
COMMENTS : SB 335 (Hayden), Chapter 985, Statutes of 2000, was
introduced in response to of a number of deaths at that time
involving older and infirm drivers. It was named for Brandi
Mitock, a 15-year-old girl who was killed when a 96-year-old man
hit her with his car while she was walking in a crosswalk in
Santa Monica. Another high profile accident occurred when an
85-year-old man hit and killed a police officer in Lodi. This
police officer had earlier requested that DMV re-examine the
85-year-old man's driving ability. After receiving reports from
his doctor and interviewing him over the telephone, DMV did not
revoke or suspend his driver's license.
According to the author of this bill, it is needed "to remove
the sunset clauses on four sections of the Vehicle Code that
were created by SB 335 that directed DMV on how to conduct
specified driver's license re-exams. SB 335 contained
provisions that had a 10-year sunset. These included provisions
on how the DMV is to re-examine drivers whose doctors have
alerted the DMV of specified medical conditions as well as the
clause that allows family members to notify the DMV of driving
problems of their loved one. Prompted by a constituent issue,
Senator Kehoe reviewed SB 335 and believes that after 10 years
of DMV administering these code sections, they continue to
remain important for the public health and welfare for all
drivers. Therefore these sunsets should be repealed."
DMV generally concurs that SB 335 has strengthened procedures
for screening out potentially dangerous drivers. They point
out, however, that the most meaningful screening for LOC
patients is a medical evaluation and interview of the driver,
rather than a road test. Administering a road test to every
individual who is reported to have experienced a seizure or
blackout may be excessive and potentially wasteful of DMV
resources. In most cases, these are individuals whose medical
fitness is in question, rather than their driving skills.
Reviewing the driver's medical history, the medications he or
she is taking, and the prognosis for future episodes are likely
more predictive of possible problems than his or her performance
on a 30-minute road test.
Suggested committee amendment : In order to provide sufficient
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time for the Legislature to consider the best approach to
evaluating the ability of LOC patients to operate motor
vehicles, the Committee may wish to simply extend by one year,
rather than completely repealing, the sunset date on the current
mandate that these individuals be subject to a road test. This
would allow for a deliberative process during the next
legislative session in the crafting of an appropriate policy.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093