What's happening
This bill authorizes the DMV to require examinations for drivers involved in accidents caused by loss of consciousness and mandates a review of related medical reporting procedures.
Why it matters
Addresses public safety by ensuring drivers who lose consciousness and cause accidents are evaluated for fitness to drive. , potentially preventing future incidents related to medical conditions.
Expands the authority of the DMV to require medical examinations specifically after accidents involving loss of consciousness. , not just after multiple accidents, allowing for earlier intervention when medical issues are suspected.
Initiates a comprehensive review of how medical conditions affecting driver safety are reported and handled. , including barriers to reporting by doctors, police, and others, which could lead to more effective detection and management of at-risk drivers.
May impact individuals with chronic medical conditions by increasing scrutiny and possible reporting requirements. , which could affect their ability to retain a driver's license and raise privacy or healthcare access concerns.
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Who cares
Headline styles
Test Drivers After Fainting
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1071
2019-2020 Regular Sessions
IN SENATE
January 10, 2019
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to authorizing the commissioner of the department of motor vehicles to require examination of persons involved in an accident which was caused by a loss of consciousness by such person
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 506 of the vehicle and traffic law, as added by chapter 780 of the laws of 1972, is amended to read as follows:
2. The commissioner may require every person holding a license issued pursuant to this article to submit to such an examination as shall be determined by him to be appropriate if (a) such person has been involved in three accidents while driving a motor vehicle or motorcycle within a period of eighteen months, if such accidents were required to be reported by section six hundred five of this chapter, or (b) such person experienced a loss of consciousness and was involved in an accident while driving a motor vehicle or motorcycle, if such accident was required to be reported by section six hundred five of this chapter and the commissioner receives evidence that such loss of consciousness caused or contributed to such accident.
§ 2. The New York state department of motor vehicles ("department"), in consultation with the New York state department of health and the New York state division of state police, shall undertake a review of the department's medical review program regarding the department's reexamination of drivers and the methodologies by which the department receives information that would establish reasonable grounds for the commissioner of motor vehicles to believe that a person holding a license may not be qualified to drive a motor vehicle due to a chronic, ongoing condition that may cause loss of consciousness, loss of aware-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02083-01-9
S. 1071 2
ness or loss of body control. Such review shall include, but not be limited to, an examination of the means by which the department is notified by a physician, a police officer, or other person of a driving incident, behavior, action or other cause relating to a person's safe driving performance; identification of any impediments that could have, or have, inhibited the submission of reports by physicians, police officers, or other persons that a driver may have a medical condition that affects his or her ability to safely operate a motor vehicle; and the identification of procedures that the department could undertake to reduce any such impediments. Such review shall be made and completed within one year of the effective date of the chapter of the laws of 2018 that added this section, and shall be submitted to the governor, the temporary president of the senate, the speaker of the assembly, the chair of the senate transportation committee, the chair of the assembly transportation committee, the chair of the senate health committee and the chair of the assembly health committee on or before such date.
§ 3. This act shall take effect immediately, provided, however that section one of this act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to authorizing the commissioner of the department of motor vehicles to require examina- tion of persons involved in an accident which was caused by a loss of consciousness by such person
Purpose or general idea of bill
The purpose of this legislation is to ensure the safety of pedestrians and drivers.
Summary of specific provisions
The bill would authorize the Department of Motor Vehicles (DMV) to require driver's license holders to submit to a DMV reexamination of their fitness to drive if the licensee experienced a loss of conscious- ness and was involved in a reportable accident while driving and DMV receives evidence that the loss of consciousness caused or contributed to the accident.
Read the full memo (852 words)
The bill also would direct DMV, in consultation with the Department of Health and the Division of State Police, to review its medical review program regarding driver reexamination and the methodologies by which DMV receives information establishing the reasonable grounds necessary for the Commissioner of Motor Vehicles to believe that the licensee may not be qualified to drive due to a chronic, ongoing condition that may cause loss of consciousness, loss of awareness or loss of body control. This review must include an examination of the means by which DMV is notified by physicians, police officers, or other persons of issues relating to another person's safe driving performance, identification to any impediments to physician, police officer or other person's report- ing, and identification of the procedures DMV could take to reduce impediments. The review must be submitted to the Governor and the Legis- lature no later than one year after the effective date of this act.
Effects of present law which this bill would alter
Subdivision 2 of section 506 allows the Commissioner of Motor Vehicles to require driver's license holders to submit to a reexamination if the licensee was involved in three reportable accidents within a period of 18 months.
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 compel a person holding a New York State driver's license to submit to a reexamination of their fitness to drive a motor vehicle if that person was involved in three reportable crashes within a period of 18 months, or if the Commissioner has reasonable grounds to believe that a person holding a New York driv- er's license is not qualified to drive. The Commissioner should have the authority to compel persons whose lost consciousness behind the wheel either caused, or contributed to, a crash in which another person was injured or killed or which caused a reportable level of property damage in a single crash, instead of after three such crashes over the course of eighteen months, and this bill would provide that authority.
Additionally, the process by which the Commissioner obtains reasonable grounds to believe that a person is not qualified to safely operate a motor vehicle requires that DMV have a "specific reason" related to driving performance as to why a driver needs to be contacted for a re-e- valuation. According to DMV procedures, a "specific reason" is a driving incident, behavior, action or other cause reported to DMV by a physi- cian, a police officer, or someone who knows or has observed the driver. Police officers can submit a "Police Agency Request for Driver Review," a physician can submit a "Physician's Request for Driver Review," and concerned individuals can submit a "Request for Driver Review." Addi- tionally, police officers are required by law to submit accident reports whenever an accident involving an injury is reported to them, and when- ever an accident results in a serious physical injury or death.
Despite these available means to make reports, it appears that more could be done to facilitate the means by which DMV is notified of driv- ers who may need re-evaluation. To that end, the bill directs DMV, in consultation with the Department of Health and the Division of State Police, to review its medical review program and the methodologies by which DMV receives information regarding an individual's qualification to safely drive a vehicle. Included in the review is an examination of the means by which DMV is notified of a driving behavior, incident, behavior or action that could merit a reexamination of the licensee by DMV, identification of any impediments to physician, police officer, or concerned citizen reporting, and procedures that DMV could undertake to reduce those impediments.
Prior legislative history
2018: S8990/A11121, passed both houses and vetoed by the Governor (veto memo. 346)
Fiscal implications for state and local governments
Undetermined.
Effective date
This act shall take effect immediately, provided, however that section one of this act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.