Authorizes the commissioner of DMV to require examination of a person involved in an accident caused by a loss of consciousness or awareness; directs DMV, in consultation with the New York state department of health and the New York state division of state police, to undertake a review of the department's medical review program regarding the department's reexamination of drivers who may suffer from a chronic, ongoing condition that may cause loss of consciousness, loss of awareness or loss of body control.
STATE OF NEW YORK
________________________________________________________________________
8990
IN SENATE
June 11, 2018
___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the vehicle and traffic law, in relation to authorizing
the commissioner of the department of motor vehicles to require exam-
ination 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 Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 506 of the vehicle and traffic
2 law, as added by chapter 780 of the laws of 1972, is amended to read as
3 follows:
4 2. The commissioner may require every person holding a license issued
5 pursuant to this article to submit to such an examination as shall be
6 determined by him to be appropriate if (a) such person has been involved
7 in three accidents while driving a motor vehicle or motorcycle within a
8 period of eighteen months, if such accidents were required to be
9 reported by section six hundred five of this chapter, or (b) such person
10 experienced a loss of consciousness and was involved in an accident
11 while driving a motor vehicle or motorcycle, if such accident was
12 required to be reported by section six hundred five of this chapter and
13 the commissioner receives evidence that such loss of consciousness
14 caused or contributed to such accident.
15 § 2. The New York state department of motor vehicles ("department"),
16 in consultation with the New York state department of health and the New
17 York state division of state police, shall undertake a review of the
18 department's medical review program regarding the department's reexam-
19 ination of drivers and the methodologies by which the department
20 receives information that would establish reasonable grounds for the
21 commissioner of motor vehicles to believe that a person holding a
22 license may not be qualified to drive a motor vehicle due to a chronic,
23 ongoing condition that may cause loss of consciousness, loss of aware-
24 ness or loss of body control. Such review shall include, but not be
25 limited to, an examination of the means by which the department is noti-
26 fied by a physician, a police officer, or other person of a driving
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09019-03-8
S. 8990 2
1 incident, behavior, action or other cause relating to a person's safe
2 driving performance; identification of any impediments that could have,
3 or have, inhibited the submission of reports by physicians, police offi-
4 cers, or other persons that a driver may have a medical condition that
5 affects his or her ability to safely operate a motor vehicle; and the
6 identification of procedures that the department could undertake to
7 reduce any such impediments. Such review shall be made and completed
8 within one year of the effective date of the chapter of the laws of 2018
9 that added this section, and shall be submitted to the governor, the
10 temporary president of the senate, the speaker of the assembly, the
11 chair of the senate transportation committee, the chair of the assembly
12 transportation committee, the chair of the senate health committee and
13 the chair of the assembly health committee on or before such date.
14 § 3. This act shall take effect immediately, provided, however that
15 section one of this act shall take effect on the thirtieth day after it
16 shall have become a law.