Authorizes the commissioner of motor vehicles to require the submission of physicians', physicians' assistants or nurse practitioners' statements on a scheduled basis under certain circumstances; relates to the licensing of drivers where there is evidence of the loss of consciousness by such person; defines "loss of consciousness"; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4751A
TITLE OF BILL: An act to amend the vehicle and
SPONSOR: Carroll
traffic law, in relation to the licensing of drivers where there is
evidence of the loss of consciousness by such person
PURPOSE OR GENERAL IDEA OF BILL::
To improve the safety of pedestrians, bicyclists, motorists, and any
other user of the public roads.
SUMMARY OF SPECIFIC PROVISIONS:
The bill adds a new subdivision 8 to section 502 of the Vehicle and
Traffic Law, and provides that a person to whom the new subdivision
applies is fit for licensing only as determined by the Department of
Motor Vehicles (DMV) in accordance with the Department's rule s and
regulations. The new subdivision is applicable to any applicant for an
original driver's license who has ever suffered a loss of consciousness,
any applicant for a renewal driver's license who has suffered a loss of
consciousness since their last license was issued, any person who is
required to submit a medical statement as a condition for continued
licensing, and any licensee concerning whom DMV has received evidence of
a loss of consciousness.
The bill defines "loss of consciousness" as the condition of not being
aware of one's surroundings or one's existence and the inability to
receive, interpret, or react to sensory impressions as the result of
epilepsy, syncope, cataplexy, narcolepsy and other disorders affecting
consciousness and control. Additionally "evidence of loss of conscious-
ness" is defined as a police accident report indicating that loss of
consciousness was the cause of the accident, or an admission by the
applicant or licensee, or a complaint alleging loss of consciousness
from police agencies and others.
DMV is required to deny or suspend a license upon receipt of a driver's
license application, or upon a scheduled review of evidence confirmed by
a DMV hearing or investigation a licensee experienced a loss of
consciousness, or upon DMV not receiving an acceptable medical state-
ment, or if DMV's medical consultant finds grounds to disagree with a
medical statement. DMV must offer to hold a hearing to review such
action, upon the person's written request. Medical statements would be
acceptable only if the licensed physician, physician assistant, or nurse
practitioner attended to or examined the person within 120 days of the
date of the statement.
DMV may require the submission of medical statements on a scheduled
basis as a condition of licensing in those cases where a person has
experienced a loss of consciousness but meets DMV's standards of fitness
and is taking medication to meet such standards, if it is the opinion of
the medical professionals that submission of scheduled statements is
necessary. Persons who have been seizure-free without medication for a
minimum of one year and submit a medical statement are exempt.
Hearings must be conducted in conformity with the State Administrative
Procedure Act and any DMV regulations promulgated thereunder, and allow
post-hearing judicial review without an administrative appeal pursuant
to Vehicle and Traffic Law article three-a.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Provides clarification of the process by which DMV addresses fitness and
licensing qualifications related to a loss of consciousness.
JUSTIFICATION::
Human factors contribute to the majority of motor vehicle crashes in the
State, and many recent crashes highlight a glaring need in state law to
help protect both drivers and pedestrians. This bill is a significant
step toward addressing factors relating to drivers losing consciousness,
awareness or control due to chronic, ongoing conditions. Under current
law, the Commissioner of Motor Vehicles can determine the fitness of a
driver's license applicant, or current licensee, to hold a driver's
license. Current Department of Motor Vehicles (DMV) regulations estab-
lish a process for driver license qualifications following a loss of
consciousness. As part of those regulations, when the Commissioner
becomes aware that a driver or applicant experienced a loss of
consciousness, he or she can notify the person of a proposed denial or
suspension of license, whichever is appropriate, with an offer to with-
hold such action until after a department hearing, if such hearing is
requested by such person. The Commissioner alternatively can immediately
deny or suspend a license if he or she determines that the person would
be an "immediate hazard," with a hearing to follow such action.
Despite this process, there have been reports that individuals experi-
encing loss of consciousness have continued to hold a driver's license
and to drive, which has led to Data' and personal injury crashes. To
address this issue and reduce the risk of an event occurring prior to a
hearing, the bill directs DMV to immediately deny or suspend the license
of any person about whom the Department has received evidence of loss of
consciousness pending a hearing if the applicant or licensee so
requests.
PRIOR LEGISLATIVE HISTORY::
2018: A.11121.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
Unknown.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
4751--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
___________
Introduced by M. of A. CARROLL -- read once and referred to the Commit-
tee on Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to the licens-
ing of drivers where there is evidence of the loss of consciousness by
such person
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 502 of the vehicle and traffic law is amended by
2 adding a new subdivision 8 to read as follows:
3 8. Loss of consciousness. a. This subdivision shall apply to any
4 applicant for an original driver's license in this state who has ever
5 suffered a loss of consciousness, to any applicant for a renewal driv-
6 er's license who has suffered a loss of consciousness since his or her
7 last license was issued in this state, to any person who is required to
8 submit physicians', physician assistants', or nurse practitioners'
9 statements, in such form as the commissioner may require, as a condition
10 for continuing licensing, and to persons holding a driver's license
11 concerning whom the commissioner has received evidence of loss of
12 consciousness.
13 b. As used in this subdivision, the following terms shall have the
14 following meanings: "loss of consciousness" shall mean the condition of
15 not being aware of one's surroundings or of one's existence and the
16 inability to receive, interpret or react to sensory impressions as the
17 result of epilepsy, syncope, cataplexy, narcolepsy and other disorders
18 affecting consciousness and control; and "evidence of loss of conscious-
19 ness" shall mean a police accident report filed pursuant to section six
20 hundred three of this chapter indicating a loss of consciousness, no
21 matter how denominate, as the cause of an accident, or admission by an
22 applicant or licensee, or a complaint alleging loss of consciousness
23 received from police agencies and others.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02083-02-9
A. 4751--A 2
1 c. A person to whom this part is applicable shall be deemed to be fit
2 for licensing only as determined by the commissioner in accordance with
3 section 9.3 of part 9 of title 15 of the codes, rules and regulations of
4 the state of New York as prescribed by the commissioner.
5 d. (i) Upon receipt of an application for an original driver's
6 license, or for renewal of a driver's license, or upon a scheduled
7 review of evidence confirmed by a department hearing or investigation
8 that a licensee has experienced a lack of consciousness, or if the
9 commissioner has not received an acceptable physician's, physician
10 assistant's or nurse practitioner's statement as defined in subparagraph
11 (ii) of this paragraph, or, if such a statement is received but the
12 commissioner's medical consultant finds grounds to disagree with or to
13 question a recommendation of such physician, physician assistant or
14 nurse practitioner made in accordance with the provisions of section 9.3
15 of part 9 of title 15 of the codes, rules and regulations of the state
16 of New York, the commissioner shall deny or suspend such license, which-
17 ever is appropriate, and offer to hold a department hearing to review
18 such action, upon written request of such person. If such request for
19 hearing is not made within thirty days of such denial or suspension, the
20 offer to hold a hearing shall be deemed to be withdrawn.
21 (ii) A physician's, physician assistant's or nurse practitioner's
22 statement shall not be acceptable unless such licensed physician, physi-
23 cian assistant or nurse practitioner has attended or examined the
24 patient within one hundred twenty days of the date of such statement,
25 and if required by the commissioner, may be required to be submitted by
26 a physician licensed in a specialty appropriate to the condition in
27 question.
28 e. The commissioner may require the submission of physicians', physi-
29 cian assistants' or nurse practitioners' statements on a scheduled basis
30 as a condition of licensing in those cases in which a person has experi-
31 enced loss of consciousness but meets standards of fitness as set forth
32 in rules and regulations prescribed by the commissioner, and the physi-
33 cian's, physician assistant's or nurse practitioner's statement indi-
34 cates that medication is being taken to meet such standards and, in the
35 opinion of either the submitting physician, physician assistant or nurse
36 practitioner or the medical consultant to the commissioner, the
37 submission of such scheduled physician's, physician assistant's or nurse
38 practitioner's statements is considered necessary or desirable. However,
39 the provisions of this subdivision shall not be applicable in any case
40 where a person has been seizure free without medication for a minimum
41 period of one year and submits a physician's, physician assistant's or
42 nurse practitioner's statement.
43 f. Any hearing held pursuant to this subdivision shall be conducted in
44 conformity with the provisions of the state administrative procedure act
45 and any regulations promulgated by the commissioner thereunder. Judicial
46 review of a determination made by the commissioner after a hearing held
47 pursuant to this subdivision may be had without an administrative appeal
48 being made pursuant to article three-A of this chapter.
49 § 2. This act shall take effect on the one hundred eightieth day after
50 it shall have become a law. Effective immediately, the addition, amend-
51 ment and/or repeal of any rule or regulation necessary for the implemen-
52 tation of this act on its effective date are authorized to be made and
53 completed on or before such effective date.
