Senate Bill S1071

                                
 
BILL NUMBER: S1071

SPONSOR: YOUNG
 
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.

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.