BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 1394
Author: Kehoe (D)
Amended: 8/25/10
Vote: 21
PRIOR VOTES NOT RELEVANT
SUBJECT : Vehicles: drivers licenses: reexaminations
SOURCE : Author
DIGEST : This bill repeals or extends the sunset dates on
statutes authorizing the reexamination of certain licensed
drivers of motor vehicles.
Assembly Amendments delete the Senate version of the bill
which provided for impoundment of illegally parked vehicles
in emergency situations, and instead add the current
language.
ANALYSIS : Existing law requires, until January 1, 2011,
the Department of Motor Vehicles (DMV) to reexamine a
driver upon receipt of a report from a local health officer
indicating that the driver suffers from disorders
characterized by lapses of consciousness, and upon receipt
of a report from certain family members stating that the
driver cannot safely operate a motor vehicle, the
reexaminations to include a demonstration of the person's
ability to operate a motor vehicle.
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Existing law requires, until January 1, 2011, DMV, before
issuing or renewing any license, to check its records for
these reports.
This bill:
1. Requires 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.
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.
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
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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. 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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JA:nl 8/27/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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