House of Representatives

HB 2067

driver license renewal; seniors

Sponsors: Representative Gleason

 

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S/E

Committee on Transportation

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Caucus and COW

Contains a delayed effective date.
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As Passed the House

 

House Bill 2067 establishes a two-year driver’s license renewal cycle for drivers over 75 years of age including eligibility to renew the license by mail.  In addition, HB 2067 requires an examination of driving skills based on the number of traffic violations reported to MVD within the two-year license period. The bill also expands the types of professionals who may submit a report to MVD regarding drivers who have a physical or psychological condition that may significantly impair the person’s ability to safely operate a motor vehicle.  The bill contains an effective date of July 1, 2003.

 

History

Current statute provides that the department may use information received from physicians psychologists, law enforcement officers, other governmental agencies, accident report information or other information received by the department to determine if a driver should be required to submit to an examination of driving skills or undergo a review of their medical condition.  Based on the findings, the department may suspend or revoke a person’s license; permit the person to retain the license; or restrict the person’s driving privilege.

 

The states of Pennsylvania, Rhode Island, Iowa, Illinois and Hawaii issue driver’s licenses valid from two to three years for older drivers between 65 to 80 years of age.  Several jurisdictions, such as the District of Columbia, Illinois, New Hampshire and Nevada require additional testing or review of drivers over 75 years of age.

 

In 1999, the legislature established a graduated driver’s license system for drivers between sixteen and eighteen years of age.  Persons in this age group are subject to Traffic Survival School for the first reported traffic violation to MVD, and are subject to driver’s license suspensions for subsequent violations during the two-year term of the license.  In addition, all drivers regardless of age are subject to Traffic Survival School if they receive eight or more points (three to four moving violations) within a twelve-month period.

 

The Joint Legislative Budget Committee (JLBC) has issued a fiscal note on this bill based on the Transportation Committee amendments.  JLBC estimates this bill will have a net annual impact of  $507,900 on the State Highway Fund beginning in FY 2006. 

 

Currently, drivers over 70 years of age are prohibited from renewing their license by mail and must renew every five years.  HB 2067 eliminates the renew by mail prohibition for drivers over 70 years of age provided the driver meets all other eligibility requirements.

 

Provisions

·                      Establishes a two-year driver license renewal cycle for drivers 75 years of age and older.

·                      Allows a driver’s license applicant who is 75 years of age or older to renew by mail every two years provided they successfully complete required eligibility requirements.

·                      Requires MVD, on receipt of a judgement for a civil moving violation or a conviction for a moving criminal traffic offense of a licensed driver over 75 years of age, to do the following:

1.      On receipt of the first record of judgement or conviction during the term of the license require the person to successfully complete educational training approved by the director.

2.      On receipt of the second record of judgement or conviction during the term of the license require the person to successfully complete a vision screening and a driving test.

3.      On receipt of the third record of judgement or conviction during the term of the license require the person to successfully complete testing with the MVD medical review program.

·                      Mandates MVD to suspend the license of a person who fails to comply with the educational training or driving test requirement until the person successfully completes the requirement.

·                      Specifies that a second judgement or conviction does not include a judgement or conviction arising out of the same series of acts.

·                      Provides that a person successfully completing a driving examination within six months of driver license renewal shall receive a license valid for thirty months.

·                      Allows MVD to grant ninety-day extensions to persons who are out-of-state when required to attend educational training or complete a driving examination provided the person submits a report by a physician stating that the person is physically capable of operating a motor vehicle.

·                      Allows a defined health care professional licensed pursuant to ARS Title 32 to voluntarily report a person to MVD, who in the opinion of the health care professional has a medical or psychological condition that significantly impairs the person’s ability to safely operate a motor vehicle.

·                      Expands the release of the confidentiality relationship between doctor-psychologist and patient-client to include licensed health care professional when making a report to MVD

·                      Expands immunity from civil or criminal liability to licensed health care professionals who make a report to MVD.  Current statute applies this immunity only to physicians or psychologists.

·                      Prohibits a person from bringing an action against a health care professional or TSS instructor for not making a report. Current statute applies this to physicians or psychologists.

·                      Requires reports to MVD be made in writing and adds that reports are subject to subpoena or order to produce in an action except in an action against the health care professional submitting the report.  Current statute applies this only to physicians and psychologists.

·                      Specifies administrative hearing procedures if a driver disagrees with MVD’s requirement to attend educational training or other action regarding the license.

·                      Contains a delayed effective date of June 30, 2003.

 

The Strike-Everything amendment to House Bill 2067 passed the Committee on Transportation amended:

·                      Specifies that a person shall attend TSS within sixty days after MVD issues the order.

·                      Clarifies the person’s driving privilege is suspended until successful completion of TSS or a driving examination by MVD.

·                      States MVD shall re-examine the person’s driving skills on receipt of the third or subsequent record of judgment or conviction.

·                      Makes technical and conforming changes.

 

The Transportation Committee amendments where adopted by the Committee of the Whole.  The bill was also amended in COW as follows:

·                      Removes all references to TSS and TSS instructors.

·                      Replaces TSS requirement with educational training approved by the director.

·                      Defines “other licensed health care professional” as a nurse, physical therapist, physician’s assistant or podiatrist licensed pursuant to ARS Title 32.

·                      Specifies administrative hearing procedures if a driver disagrees with MVD’s requirement to attend educational training or other action regarding the license.

 

 

 

 

 

 

 

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45th Legislature                                                                                                                                   

First Regular Session                                       3                                                            March 2, 2001

 

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