House of Representatives

HB 2079

driver license renewal; education; testing

Sponsors: Representative Gleason

 

X

Committee on Transportation

 

Caucus and COW

 

Third Read

 

 

As Passed the House

 

House Bill 2079 requires the Arizona Department of Transportation Motor Vehicle Division (MVD) to establish an “assessment center pilot program” in Maricopa County by January 1, 2003.  The assessment center is a physician supervised health care entity providing competency and physical testing for licensed drivers of any age if MVD has good cause to believe that the driver is incapable of operating a motor vehicle or is otherwise not qualified. As of July 1, 2004, HB 2079 requires drivers seventy-five years and older to attend educational sessions for the first moving violation reported to MVD within a twelve month period.  Drivers in this age group receiving a second moving violation within one year are required to submit to an examination or assessment as prescribed by MVD. HB 2079 also reduces the validity period of a driver’s license from five years to two years for drivers seventy-five years of age and older.

 

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 examination results, the department may permit the person to retain full driving privileges, restrict the person’s driving privilege or suspend or revoke a person’s license.

 

According to the Federal Highway Administration (FHA), given the number of miles driven, drivers 75 years of age and older have higher rates of fatal motor vehicle crashes than other drivers in other age groups except teenagers, and that per licensed driver, fatal crash rates rise sharply at age 70 and older.  The FHA also states that about half of fatal crashes involving drivers 80 years of age and older occur at intersections and involve more than one vehicle.  This compares with 23% among drivers up to fifty years of age.

 

The Administration on Aging reports that the proportion of older drivers on our streets will increase significantly as will the number of vehicle miles driven.  Based on current rates, the number of elderly traffic fatalities will more than triple by the year 2030.  The AAA Foundation for Traffic Safety reports that older drivers have a crash rate second only to that of teenagers.

 

According to the AARP 55 Alive Driver Safety Program, drivers age 55 and older generally drive fewer miles each year than younger drivers.  Therefore when annual miles driven are considered, drivers age 55 and older do better than younger drivers, but not as well as drivers age 35-54.  AARP states that failure to yield the right-of-way and improper left turns are the number one and two problems for older drivers.  The common aging factors, which affect older drivers, are loss of visual acuity, diminished hearing, and changes in physical strength, psychological changes and slower reaction time.

 

The Maricopa Association of Governments (MAG) Regional Action Plan on Aging and Mobility Recommendation # 19 pertaining to “Older Driver Competency” states that a “pilot driver screening battery” should be developed, and upon completion and evaluation of the pilot, develop and implement Cognitive/Physical Testing Centers across the Valley using certified geriatric physicians and certified driving specialists.  Recommendation #21 states that development of a Comprehensive Driver Intervention Program is necessary and should include components such as assessment, education, retraining, mobility management and linkage to other services.

 

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.

 

 The Enforcement Subcommittee of the Governor’s Traffic Safety Advisory Council has endorsed this legislation.

 

 

Provisions

 

·                      Requires the department to establish an “assessment center pilot program” in Maricopa County by July 1, 2003.

·                      Defines “assessment center” as a physician supervised health care entity providing competency and physical testing for licensed drivers of any age if MVD has good cause to believe that the driver is incapable of operating a motor vehicle or is otherwise not qualified.

·                      Requires the department to refer a portion of the drivers the department believes are incapable of operating a motor vehicle or are otherwise not qualified.

·                      Allows a person referred to an assessment center to have the assessment preformed by the department.

·                      Requires the Department to submit a report regarding the assessment center pilot program to the Governor, President of the Senate, speaker of the House of Representatives and the Department of Library and Archives by July 1, 2004.

·                      Defines assessment Center

·                      Makes drivers up to age 75 eligible for a five-year validity period for driver’s licenses.

·                      Reduces the driver’s license validity period for drivers 75 years of age and older from five years to two years.

·                      Establishes a fee of $4.00 for a two-year license issued to a driver 75 years of age or older (currently, the fee for a five year license is $10.00).

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

·                      Requires a licensed driver, 75 years of age or older who is found responsible for a civil or criminal moving violation that is reported by the court to MVD, to  do the following:

1.      For the first violation reported to MVD by the court within a twelve-month period, successfully complete educational training as prescribed by MVD.

2.      For the second violation reported to MVD by the court within a twelve-month period, successfully complete an examination as prescribed by the department.  The examination could include referral to an assessment center, an examination performed by MVD or referral for an examination by an authorized third party.

·        Specifies that MVD shall not assign drivers 75 years of age or older to traffic survival school for qualifying violations, but shall require the driver to successfully complete an assessment.

·        Requires MVD to suspend the license of a person for up to one year if the person fails to successfully complete the educational training or assessment prescribed by MVD.

·        Failure to successfully complete training or assessment within one year results in cancellation of the driver’s license.  The cancelled license may not be reinstated until the driver successfully completes the requirements.

·        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.

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

·        Repeals the assessment center pilot program on December 31, 2004.

 

 

 

 

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45th Legislature                       

Second Regular Session            3          January 25, 2002

 

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