Assigned to TRANS                                                                                                                             FOR COMMITTEE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR S.B. 1184

 

driver licenses; accidents; medical conditions

 

Purpose

 

Suspends a person’s driver license when that person’s medical condition may have contributed to a traffic accident resulting in serious injury or death until the medical advisory board determines that the person is capable of safely operating a motor vehicle.  According to the Arizona Department of Transportation (ADOT), this legislation will result in a one-time programming cost of $9,300 funded from the state highway fund.

 

Background

 

On April 12, 2001, Edward Olbrecht and his family were taking an evening walk, when a car struck Mr. Olbrecht from behind, killing him instantly.  The driver was unaware a pedestrian was struck because the driver suffered a diabetic attack.  Today, the driver retains the privilege to drive.

 

Current law allows ADOT to require a person to submit to a medical examination when ADOT receives information that the person may be medically, psychologically or physically unable to safely operate a motor vehicle.  If the medical examination determines the person cannot safely operate a motor vehicle, ADOT can suspend or revoke the person’s driver license.

 

S.B. 1184 requires ADOT to immediately suspend the driver license of a person whose medical condition is believed by law enforcement to have contributed to a traffic accident resulting in serious injury or death. ADOT requires the person to submit to a medical examination, which cannot be performed by the person’s personal physician.  The ADOT medical advisory board (board) makes the determination of the person’s ability to safely operate a motor vehicle, at which time the person’s driving privilege may be reinstated.

 

The Motor Vehicle Division estimates that there will be a one-time programming cost of $9,300 from the operating budget of the state highway fund.

 

Provisions

 

1.      Requires ADOT to immediately suspend the driver license of a person when a law enforcement officer suspects the person’s medical condition may have contributed to a traffic accident resulting in serious injury or death.  Specifies the driver license remains suspended until the board determines the person is capable of safely operating a motor vehicle.

 

2.      Requires the board to determine, through a medical examination, if a driver whose medical condition may have contributed to a traffic accident is capable of safely operating a motor vehicle.

 

3.      Precludes the medical examination from being performed by the person’s personal physician.

 

4.      Designates this act as “Olbrecht’s Law.”

 

5.      Makes technical and conforming changes.

 

6.      Provides for a general effective date.

 

 

Prepared by Senate Staff

February 5, 2002