BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 1394
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: Kehoe
VERSION: 8/25/10
Analysis by: Jennifer Gress FISCAL: yes
Hearing date: August 31, 2010
SUBJECT:
Driver's licenses: reexaminations
DESCRIPTION:
This bill removes the sunset dates on the laws that require the
Department of Motor Vehicles (DMV) to (1) check the record of an
applicant before issuing or renewing a driver's license for any
reports from traffic officer, family member, or physician of
evidence that the applicant may not be able to operate a motor
vehicle safely and (2) reexamine a driver upon report from a
family member that he or she may not be able to operate a motor
vehicle safely. The bill extends by one year the sunset date on
the law requiring DMV to reexamine a driver when DMV receives a
report from a health officer that the person has a disorder
characterized by a lapse of consciousness.
ANALYSIS:
Prior to issuing or renewing any driver's license, existing law
requires DMV to check the applicant's record for convictions of
traffic violations, traffic accidents, reports filed by a
traffic officer or a family member that a driver may not be able
to operate a motor vehicle safely, or reports filed by a
physician that a driver has a disorder characterized by a lapse
of consciousness. The requirement to check an applicant's
record for reports from a traffic officer, family member, and
physician sunsets on January 1, 2011.
If DMV receives such a report from a traffic officer, family
member, or physician, DMV is required to reexamine the person's
qualifications to operate a motor vehicle, including conducting
a vision, written, and behind-the-wheel driving test. DMV may
suspend, revoke, or restrict the license of a driver based on
information obtained through the reexamination process.
With regard to reports filed by a traffic officer , a traffic
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officer may issue a notice of reexamination to any person who
violates any traffic law and who, at the time of the violation,
exhibits evidence of incapacity that leads the officer to
believe that the person is incapable of operating a motor
vehicle in a manner so as not to present a risk of injury to
that person or others if that person were to resume operation of
a motor vehicle. The requirement that DMV reexamine a driver
referred to it by a traffic officer does not sunset, but the
requirement that the reexamination process for those drivers
include a behind-the-wheel drive test is not explicitly stated
in law in effect after January 1, 2011.
Regarding reports by a family member , the family member must
reasonably and in good faith believe that the driver cannot
safely operate a motor vehicle based upon personal observation
or physical evidence of a physical or medical condition that has
the potential to impair the ability to drive safely or upon
personal knowledge of a driving record that indicates that the
person may be an unsafe driver. The family member must be
within three degrees of consanguinity or the driver's spouse and
must be 18 years of age or older. No person may report the same
family member to DMV more than once during a 12-month period.
The requirement that DMV reexamine a driver referred to it by a
family member sunsets on January 1, 2011.
Finally, every physician is required to report immediately to
the local health officer, in writing, the name, date of birth,
and address of every patient at least 14 years of age or older
whom the physician has diagnosed as having a disorder
characterized by lapses of consciousness. The health officer is
then required to provide this information to the DMV. The
following ailments are conditions that DMV considers lapse of
consciousness disorders: Alzheimer's disease and related
disorders, seizure, brain tumors, narcolepsy, sleep apnea,
epilepsy, and abnormal metabolic states, including hypo and
hyperglycemia conditions associated with diabetes. The
requirement that a physician report a person with a lapse of
consciousness disorder does not sunset, but the requirement that
DMV reexamine that driver sunsets on January 1, 2011.
This bill :
Deletes the sunset date on the requirement that DMV check the
record of an applicant before issuing or renewing a driver's
license for any reports from traffic officer, family member,
or physician of evidence that the applicant may not be able to
SB 1394 (KEHOE) Page 3
operate a motor vehicle safely.
Deletes the sunset date on the requirement that DMV reexamine
a driver upon report from a family member that he or she may
not be able to operate a motor vehicle safely.
Extends by one year, from January 1, 2011 to January 1, 2012,
the sunset date on the requirement that DMV reexamine a driver
upon receipt of a report from a health officer that the person
has a lapse of consciousness disorder.
Requires explicitly that the reexamination process for a
driver referred by a traffic officer to DMV include a
demonstration of the person's ability to operate a motor
vehicle (i.e., a behind-the-wheel drive test).
COMMENTS:
1.Purpose . The provisions of law allowing family members to
report to DMV concerns that a driver may not be able to
operate a motor vehicle safely, requiring DMV to check the
records of applicants for an original or new driver's license
for reports by traffic officers, family members, and
physicians, and requiring DMV to reexamine drivers referred to
it by traffic officers, family members, and physicians were
established 10 years ago by SB 335 (Hayden), Chapter 985,
Statutes of 2000. SB 335 was intended to ensure that drivers
who have medical conditions or other issues that may affect a
person's ability to operate a motor vehicle safely are
identified and reexamined appropriately.
Senator Hayden introduced SB 335 in response to a number of
deaths involving older drivers, including that of 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 the 85-year-old man's
driver's license.
Because these provisions expire at the end of this year, this
bill seeks to make permanent or extend these provisions in
order to facilitate safe driving, promote the public welfare,
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and give DMV clear statutory authority to reexamine a driver
when evidence exists that he or she may no longer be able to
drive safely.
1.Physician's report extended only one year . This bill extends
by one year the sunset date on the requirement that DMV
reexamine drivers referred to it for a lapse of consciousness
disorder rather than delete the sunset date due to concerns
raised by DMV that administering a drive test to every person
a physician reports to have experienced a seizure or blackout
serves a limited purpose and is not an efficient use of
resources. Some have argued that DMV can gain sufficient
information from a physician's report on the driver's medical
history, the medications prescribed, and the prognosis for
future episodes, and that no new information is learned if a
person does not happen to experience a lapse of consciousness
during the 30-minute drive test. Others argue that a lapse of
consciousness disorder may be accompanied by symptoms that are
not readily apparent to a DMV employee but may become apparent
when the driver is physically driving the vehicle. More
information is needed to determine whether or not there is
value in requiring a drive test for these individuals. The
one-year extension in this bill provides time to collect that
information.
Assembly Votes:
Floor: 78-0
Appr: n/a
Trans: 14-0
POSITIONS: (Communicated to the Committee before noon on
Friday, August 27, 2010)
SUPPORT: None received.
OPPOSED: None received.