BILL NUMBER: S3569         REVISED MEMO 05/15/2018

SPONSOR: YOUNG
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to requiring disclosure to the department of motor vehicles of
any condition which may cause a person licensed to operate a motor vehi-
cle to lose consciousness or have impaired cognition

 
PURPOSE:

The purpose of this legislation is to ensure the safety of pedestrians
and drivers by requiring timely reports to the Department of Motor Vehi-
cles after an individual sixteen years of age or older is diagnosed with
a chronic condition which causes or may cause unconsciousness or
unawareness.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the vehicle and traffic law to add a new section 216-b
requiring reports of health conditions that may impair the ability to
operate a motor vehicle. This report will be used by the medical review
              

unit of the department of motor vehicles to conduct an investigation
into the subject of the report's condition and ability to operate a
motor vehicle. This report will include recommendations to the commis-
sioner as to the driver's fitness to operate a motor vehicle, including
whether any restrictions should be placed on such person's driver's
license, whether the license should be suspended, revoked, or denied, or
whether such license should continue without restriction.

This section also requires that reports and the contents thereof shall
be kept confidential by the Department, to be used for the sole purpose
described in this section,. This section also provides licensed physi-
cians, physician assistants, and nurse practitioners with protection
from civil and criminal liability in any action or proceeding on account
of any report or disclosure made in accordance with the provisions of
this section.

Section 2: Amends Sec. 506 of the vehicle and traffic law to add a new
subdivision 6, which requires, in addition to any existing provision of
law or regulation, any licensed driver who knows he or she has been
diagnosed with any chronic condition which causes or may cause uncon-
sciousness or unawareness to report such condition and related facts to
the commissioner.

 
JUSTIFICATION:

On October 3, 2014, Calin Fly, a 4-month-old from Dansville, New York,
died as a result of injuries sustained when an automobile crashed
through the front of the home in which he lived. The driver gave a
voluntary statement in which he described having a condition that causes
seizures for which he takes daily medication. In the driver's statement,
he stated that the last thing he remembered was coming to an inter-
section located approximately a block from Calin's home. He became alert
again when he found himself inside of his vehicle after it had crashed
into the family's home.

In August of 2011, a driver crashed her vehicle into a group of pedes-
trians standing in front of a church in Voorheesville, New York.  Three
innocent people were killed in the crash. The driver of the vehicle was
diagnosed with Parkinson's disease and was being treated with a number
of medications. The driver pleaded guilty to criminally negligent homi-
cide after officials determined that the accident was caused by the
cocktail of medications she was on.

On May 30, 2015, Maksym Sugorovskiy, a 3-year-old boy, died from inju-
ries sustained when a vehicle careened over a low curb into Delaware
Park in Buffalo, New York, crashing into Makysm, his 5-year-old sister.
Stephanie, and their mother, Mary. Authorities believe that the driver
was asleep at the wheel, and it was reported in the media that the driv-
er suffers from narcolepsy and epilepsy.

These cases highlight a glaring need in state law that will help protect
both drivers and pedestrians. Under current law, individuals are only
required to disclose information about medical conditions that may
impair their ability to safely operate a motor vehicle when they are
applying for their first driver's license or are applying to renew their
driver's license. When filling out the DMV MV-44 form, the applicant is
required to check "yes" or "no" to a question regarding conditions caus-
ing unconsciousness or unawareness. If the applicant checks yes, they
must have certain forms filled out by a licensed physician, which are
then submitted to the DMV to initiate a rigorous investigation by the
DMV's Medical Review Unit to make a determination as to whether to deny
a license, grant a license, or grant a license with certain
restrictions.

New York State currently requires a regular license renewal every eight
years. This means that a driver could apply for or renew their license
and one month later be diagnosed with a condition causing unconscious-
ness or unawareness, and would be under no obligation to disclose that
information to the DMV.

Requiring licensed physicians, physician assistants and nurse practi-
tioners, as well as the individuals themselves, to report to the DMV in
a timely manner diagnoses of conditions causing unconsciousness or
unawareness enables the Department to conduct a rigorous review of the
individual's medical condition. By ensuring that these reports are made
in a timely manner after diagnosis is a step toward preventing tragedy.

 
LEGISLATIVE HISTORY:

2015-2016: S.6016 Referred to Transportation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Takes effect on the one hundred twentieth day; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made and completed on or
before such effective date.