SENATE, No. 1455

 

STATE OF NEW JERSEY

 

INTRODUCED SEPTEMBER 19, 1996

 

 

By Senator MARTIN

 

 

An Act concerning certain driver’s licenses and amending P.L.1970, c.195.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 1 of P.L.1970, c.195 (C.39:3-10.4) is amended to read as follows:

    1. a. Each physician treating [any person] a patient 16 years of age or older for [recurrent convulsive seizures or for recurrent periods of unconsciousness or for impairment or loss of motor coordination due to conditions such as, but not limited to, epilepsy in any of its forms], one or more episodes of altered consciousness or loss of body control related to a specifically identifiable neurological condition, as defined in the rules and regulations of the Division of Motor Vehicles, when such [conditions persist or recur] condition persists or recurs despite medical treatments, shall, subject to the provisions of subsection b. of this section and within 24 hours after his determination of such fact, report the same to the Director of the Division of Motor Vehicles.

    b. The report shall be made only if the physician knows or has reason to believe that the patient has failed to report an episode, as required in section 2 of P.L.1970, c.195 (C.39:3-10.5), which episode, in his judgment, increases the likelihood that the patient will be unable to exercise reasonable driving skills and control over a motor vehicle and therefore will create an unacceptable risk of injury to himself or others. The physician shall not be liable for any civil damages for making this report in good faith. The director, in consultation with the State Commissioner of Health, shall prescribe and furnish the forms on which such reports shall be made.

    c. The director shall investigate the report and refer his findings to the Neurological Disorder Committee. If the committee determines that the driver is unable to exercise reasonable driving skills and control over a motor vehicle and therefore poses an unacceptable risk of injury to himself or others, the director may immediately suspend the license of the driver until such time as the Neurological Disorder Committee shall recommend restoration of the driver's license and the director shall concur.

(cf: P.L.1970, c.195, s.1)

 

    2. Section 2 of P.L.1970, c.195 (C.39:3-10.5) is amended to read as follows:

    2. a. Each person [subject to recurrent convulsive seizures or recurrent periods of unconsciousness or impairment or loss of motor coordination due to conditions such as, but not limited to, epilepsy in any of its forms], who suffers or who has suffered from an episode of altered consciousness or loss of body control related to a specifically identifiable neurological condition, shall at the time of his initial application for a driver's license or any subsequent application for a renewal thereof [or at such other time as prescribed by the Director of the Division of Motor Vehicles], report the existence of such conditions to the Director of the Division of Motor Vehicles in a manner to be prescribed by the director. The applicant shall also establish to the satisfaction of the director that he has been free of these symptoms for at least three months, with or without medication, and that he is physically qualified to safely operate a motor vehicle. The three-month period may be reduced or extended by the director in individual cases upon expert medical advice submitted for the review of the Neurological Disorder Committee.

    b. A driver licensed under the provisions of subsection a. of this section shall file, during the 12 month period immediately following the issuance of that license, two reports with the director. The reports, which shall be submitted at six month intervals, shall be of a manner and form and shall contain such information as prescribed by the director.

    c. A driver licensed under subsection a. of this section who experiences any episode of altered consciousness or loss of body control related to a specifically identifiable neurological condition shall immediately report the incident to the division. The division shall refer each such report to its Neurological Disorder Committee. The committee shall review the medical and driving record of the person and recommend to the director whether the person's license shall be suspended. The director shall suspend for not less than one year or more than two years the license of a person who fails to report such an incident. The division shall notify all drivers on record with a medical history of the symptoms and conditions described in subsection a. of this section of the requirements of subsection b. of this section.

(cf: P.L.1970, c.195, s.2)


    3. Section 3 of P.L.1970, c.195 (C.39:3-10.6) is amended to read as follows:

    3. a. In order to be assured that no person is unwarrantedly denied the privilege of operating a motor vehicle in this State because of reports submitted under the provisions of this act, the Director of the Division of Motor Vehicles, in consultation with the State Commissioner of Health, shall establish a procedure for evaluation and screening of cases so reported.

    b. Any person who has been denied a learner's permit or driver's license or who has had their driver's license suspended because the director has determined that person is not physically qualified to safely operate a motor vehicle may appeal that determination. The appeal shall be filed in writing with the director within 15 business days of the mailing of the notice of denial or suspension, as the case may be. The hearing shall be before an administrative law judge.

    A person aggrieved by a decision of the administrative law judge may file an exception thereto with the director. The exception shall be filed within 15 business days of the rendering of the administrative law judge's decision.

    A person aggrieved by the final determination of the director may, within 45 business days of that determination, appeal that decision to the Appellate Division of the Superior Court.

(cf: P.L.1970, c.195, s.3)

 

    4. This act shall take effect on the first day of the third month following enactment.

 

 

STATEMENT

 

    This bill revises the standards and procedures for issuing driver's licenses to persons with certain neurological conditions.

    Under the provisions of the bill, persons with specifically identifiable neurological conditions which have involved episodes of altered consciousness or loss of body control may obtain a driver's license if they have been seizure-free for three months. The bill specifies that the required three month seizure-free period may (1) involve a reliance on medication and (2) be lengthened or reduced by the director depending upon the review of any expert medical evidence submit for review by the Division of Motor Vehicle's (DMV) Neurological Disorder Committee. Currently, persons who have such conditions and episodes must be seizure-free for a period of one year in order to qualify for a driver's license.

    The bill also changes the reporting requirements. Currently, physicians are required to notify the DMV of their patients over the age of 16 who are being treated for recurrent seizures, periods of unconsciousness or impairment or loss of motor coordination. Under this bill, the primary responsibility for such notification is placed on the applicant for, or holder of, a driver's license. These individual reports are to be reviewed by the division's Neurological Disorder Committee, which is to submit its recommendations to the director for action. Failure to notify the DMV of any such episodes will result in the suspension of the violator's license for at least one year, but not more than two years. The reporting obligations of physicians are limited to those instances where the physician knows or has reason to believe the patient has failed to report an episode to the DMV. The bill affords physicians civil immunity when such reports are submitted in good faith.

    Currently, persons licensed under this statute are required to submit biannual medical reports to the director during the first two years after they are licensed and annual reports thereafter. This bill would require biannual reports only for the first year after licensing and eliminate the annual reports thereafter. These annual reports are unnecessary since the bill mandates licensees to immediately notify the division of any episode.

    Finally, the bill clarifies the appeal procedures. Persons aggrieved by a DMV decision initially may appeal for a hearing before an administration law judge. The request for a hearing must be filed within 15 business days. An exception to a law judge's determination may be filed with the director. The exception must be submitted within 15 business days. A director's decision may be appealed to the Appellate Division of the Superior Court.

 

 

                     

Revises standards and procedures for issuing driver's licenses to persons with certain neurological conditions.