What's happening
This bill requires driver's license applicants and holders in New York who have experienced loss of consciousness to undergo medical review and meet specific fitness standards for licensing.
Why it matters
Expands medical scrutiny for drivers with loss of consciousness. Anyone applying for or renewing a license who has experienced episodes like fainting, seizures, or similar conditions (including epilepsy and narcolepsy) must undergo a medical review to determine driving fitness, potentially catching risks that would otherwise go unnoticed.
Triggers for review are broad. Reviews can be initiated not just by self-disclosure, but also by police reports, third-party complaints, or medical documentation, increasing the likelihood that at-risk drivers are identified and evaluated.
Ongoing monitoring and conditional licensing. The law allows the DMV to require ongoing medical statements for drivers managing their condition with medication, adding a layer of continuous oversight to ensure ongoing public safety, but provides exemptions for those who have been seizure-free without medication for a year.
Clear process for denial, suspension, and appeal. If medical documentation is insufficient or contested, the DMV can deny or suspend a license, but must offer a formal hearing—giving affected individuals due process while prioritizing road safety.
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Who cares
Drivers and license applicants with loss-of-consciousness histories
The bill would set medical fitness requirements for licensing and provide 30 days to request a hearing after a denial or suspension.
Department of Motor Vehicles
The commissioner would administer medical reviews, deny or suspend licenses under specified conditions, and could require scheduled medical statements.
Physicians, physician assistants and nurse practitioners
Their licensing statements would be acceptable only if they examined or attended the patient within 120 days of the statement, with a specialist’s statement required if directed by the commissioner.
Drivers who have been seizure-free without medication
The bill would exempt them from these provisions if they have been seizure-free without medication for at least one year and submit a qualifying medical statement.
Headline styles
Tougher Rules for Fainting Drivers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Approval memo.85
- Signed chap.740
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.260
- Substituted for A4751A
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1431
- Committee discharged and committed to rules
Show 3 earlier actions
- Print number 5225a
- Amend (t) and recommit to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Restrict Driving After Blackouts
Assembly Floor Calendar · Sponsor Robert C. Carroll
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5225--A
2019-2020 Regular Sessions
IN SENATE
April 17, 2019
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee 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 licensing 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 Assembly, do enact as follows:
Section 1. Section 502 of the vehicle and traffic law is amended by adding a new subdivision 8 to read as follows:
8. Loss of consciousness. a. This subdivision shall apply to any applicant for an original driver's license in this state who has ever suffered a loss of consciousness, to any applicant for a renewal driver's license who has suffered a loss of consciousness since his or her last license was issued in this state, to any person who is required to submit physicians', physician assistants', or nurse practitioners' statements, in such form as the commissioner may require, as a condition for continuing licensing, and to persons holding a driver's license concerning whom the commissioner has received evidence of loss of consciousness.
b. As used in this subdivision, the following terms shall have the following meanings: "loss of consciousness" shall mean the condition of not being aware of one's surroundings or of 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; and "evidence of loss of consciousness" shall mean a police accident report filed pursuant to section six hundred three of this chapter indicating a loss of consciousness, no matter how denominate, as the cause of an accident, or admission by an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02083-03-9
S. 5225--A 2
applicant or licensee, or a complaint alleging loss of consciousness received from police agencies and others.
c. A person to whom this part is applicable shall be deemed to be fit for licensing only as determined by the commissioner in accordance with section 9.3 of part 9 of title 15 of the codes, rules and regulations of the state of New York as prescribed by the commissioner.
d. (i) Upon receipt of an application for an original driver's license, or for renewal of a driver's license, or upon a scheduled review of evidence confirmed by a department hearing or investigation that a licensee has experienced a lack of consciousness, or if the commissioner has not received an acceptable physician's, physician assistant's or nurse practitioner's statement as defined in subparagraph (ii) of this paragraph, or, if such a statement is received but the commissioner's medical consultant finds grounds to disagree with or to question a recommendation of such physician, physician assistant or nurse practitioner made in accordance with the provisions of section 9.3 of part 9 of title 15 of the codes, rules and regulations of the state of New York, the commissioner shall deny or suspend such license, whichever is appropriate, and offer to hold a department hearing to review such action, upon written request of such person. If such request for hearing is not made within thirty days of such denial or suspension, the offer to hold a hearing shall be deemed to be withdrawn.
(ii) A physician's, physician assistant's or nurse practitioner's statement shall not be acceptable unless such licensed physician, physician assistant or nurse practitioner has attended or examined the patient within one hundred twenty days of the date of such statement, and if required by the commissioner, may be required to be submitted by a physician licensed in a specialty appropriate to the condition in question.
e. The commissioner may require the submission of physicians', physician assistants' or nurse practitioners' statements on a scheduled basis as a condition of licensing in those cases in which a person has experienced loss of consciousness but meets standards of fitness as set forth in rules and regulations prescribed by the commissioner, and the physician's, physician assistant's or nurse practitioner's statement indicates that medication is being taken to meet such standards and, in the opinion of either the submitting physician, physician assistant or nurse practitioner or the medical consultant to the commissioner, the submission of such scheduled physician's, physician assistant's or nurse practitioner's statements is considered necessary or desirable. However, the provisions of this subdivision shall not be applicable in any case where a person has been seizure free without medication for a minimum period of one year and submits a physician's, physician assistant's or nurse practitioner's statement.
f. Any hearing held pursuant to this subdivision shall be conducted in conformity with the provisions of the state administrative procedure act and any regulations promulgated by the commissioner thereunder. Judicial review of a determination made by the commissioner after a hearing held pursuant to this subdivision may be had without an administrative appeal being made pursuant to article three-A of this chapter.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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 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 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 rules and regu- lations. 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.
Read the full memo (792 words)
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.
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 establish 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 withhold such action until after a depart- ment hearing, if such hearing is requested by such person. The Commis- sioner 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 fatal 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
S8990 (2018)
Fiscal implications
Unknown
Effective date
This act shall take effect on the one hundred eightieth 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.