BILL ANALYSIS
SB 1394
Page 1
SENATE THIRD READING
SB 1394 (Kehoe)
As Amended August 18, 2010
Majority vote
SENATE VOTE :34-0
TRANSPORTATION APPROPRIATIONS
(vote not relevant) (vote not relevant)
TRANSPORTATION 14-0
-----------------------------------------------------------------
|Ayes:|Bonnie Lowenthal, | | |
| |Jeffries, | | |
| |Bill Berryhill, | | |
| |Blumenfield, Buchanan, | | |
| |Eng, Torlakson, Galgiani, | | |
| |Hayashi, Miller, Niello, | | |
| |Norby, Portantino, | | |
| |Solorio | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
SUMMARY : Repeals or extends 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 received from family members,
and notices of re-examination issued by traffic officers,
prior to issuing or renewing a DL.
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 DL 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.
SB 1394
Page 2
4)Requires DMV, only until January 1, 2012, to reexamine a
person's ability to operate a motor vehicle (i.e., administer
a road test) upon receipt of a report from a local heath
officer that the person has a disorder characterized by LOC.
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 revokes upon receiving
information from a family member that the person cannot safely
operate a motor vehicle.
EXISTING LAW includes the above-described requirements but
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
SB 1394
Page 3
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. These are often 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. Consequently, this bill extends for only one year
the road test requirement for LOC patients. This extension
should provide the Legislature sufficient time to work with DMV
to determine the optimal approach for granting or denying
driving privileges for LOC patients.
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093
FN: 0006719