Bill Text: HI SB437 | 2010 | Regular Session | Introduced

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Bill Title: Drivers License; Elderly; Physical Disability; Mental Disability; Reporting

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB437 Detail]

Download: Hawaii-2010-SB437-Introduced.html

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Report Title:

Drivers License; Elderly; Physical Disability; Mental Disability; Reporting

 

Description:

Establishes a system of mandatory and voluntary reporting to examiners of drivers regarding drivers with impaired driving ability.

 

THE SENATE	S.B. NO.	437
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to drivers licenses.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that elderly drivers and drivers who continue to drive after a change in medical condition may need to be retested and evaluated to ensure the public safety.  Statistics from the Insurance Institute for Highway Safety showed drivers over seventy-five years of age had the highest rate of fatal accidents in the nation during 2001 and 2002.  Half the states have passed some form of elderly driver restrictions, usually laws that require older motorists to renew licenses more often and have their vision checked.  In Pennsylvania, a program of voluntary and mandatory reporting of persons who are suspected of having diminished driving ability has resulted in over forty thousand reports a year.  These reports come from police officers, physicians, and concerned neighbors and family.

     The purpose of this Act is to implement a fair method of ensuring that elderly drivers and drivers with physical or mental disabilities that impair safe driving are evaluated for driving ability when necessary. 

     SECTION 2.  Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§286‑    Physical or mental disability, reporting; driver evaluation.  (a)  Any physician having a client affected by or suspected of being affected by a physical or mental disability that may interfere with the client's driving ability shall report the incidence or suspected incidence of the physical or mental disability to the examiner of drivers in writing.

     (b)  Any police officer in writing a report of an accident where a driver is affected by or suspected of being affected by physical or mental disability that may interfere with the driver's driving ability shall report the incidence or suspected incidence of the disability to the examiner of drivers in writing; provided that the specific physical or mental disability has not already been addressed under section 286-103.     (c)  Any person who has information regarding another person who is affected by or is suspected of being affected by a physical or mental disability that may interfere with that person's driving ability may report the information to the examiner of drivers in writing.

     (d)  The examiner of drivers shall evaluate reports received pursuant to subsection (a), (b), or (c) on a case-by-case basis and conduct an investigation to determine whether the reports are valid and whether the reports reflect a legitimate concern regarding a physical or mental disability that impairs a driver's ability to drive safely.

     After investigation and careful evaluation of a report, the examiner of drivers may:

     (1)  Recall the person's driver's license, if the examiner of drivers has good cause to believe that the person would not be able to operate a motor vehicle with safety upon the highways by reason of physical or mental disability;

     (2)  Allow the person to retain the person's driver's license, if the examiner of drivers determines that the person does meet the requirements for safe driving under state laws and rules;

     (3)  Add or delete restrictions to the driver's license pursuant to section 286-103; or

     (4)  Request additional examinations, as necessary, such as a medical examination or a driver's examination.

     (e)  A person shall respond to a request for additional examinations made pursuant to subsection (d)(4) within thirty days.  A person's failure to timely respond to the request for additional examinations shall result in suspension of the person's driver's license for an indefinite period of time until the person complies with the request; provided that the person is duly notified of the suspension, in writing, by the examiner of drivers.  The suspension may be avoided or restored upon receipt of the requested information.

     (f)  All reports made and all medical records reviewed and maintained by the examiner of drivers shall be kept confidential except upon order of a court of competent jurisdiction or in an appeal of the examiners' action under section 286-129."

     SECTION 3.  Section 286-4.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The duties of the board shall include:

     (1)  The development of a system for medically evaluating persons who an examiner of drivers has reason to believe have mental or physical conditions that might impair their driving ability[;], including evaluating reports received by the examiners of drivers pursuant to section 286‑  ; and

     (2)  The furnishing of advice to the examiners of drivers respecting medical criteria and vision standards for motor vehicle drivers."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________