LBD03396-01-1
A. 1181 2
addition, the commissioner also shall require that the applicant provide
his or her social security number and provide space on the application
so that the applicant may register in the New York state organ and
tissue donor registry under section forty-three hundred ten of the
public health law. In addition, an applicant for a commercial driver's
license who will operate a commercial motor vehicle in interstate
commerce shall certify that such applicant meets the requirements to
operate a commercial motor vehicle, as set forth in public law 99-570,
title XII, and title 49 of the code of federal regulations, and all
regulations promulgated by the United States secretary of transportation
under the hazardous materials transportation act. Upon a determination
that the holder of a commercial driver's license has made any false
statement, with respect to the application for such license, the commis-
sioner shall revoke such license.
S 3. Paragraph (c) of subdivision 2 of section 501 of the vehicle and
traffic law, as added by chapter 173 of the laws of 1990, is amended to
read as follows:
(c) Restrictions. Notwithstanding the foregoing provisions of this
subdivision, the operation of vehicles may be limited by a restriction
or restrictions placed on a license. The following restrictions may be
issued by the commissioner based upon the representative vehicle in
which the road test was taken, or if the license is issued based on
driving experience, the vehicle in which the experience was gained. In
addition, the commissioner may by regulation provide for additional
restrictions based upon other types of vehicles or other factors deemed
appropriate by the commissioner INCLUDING MEDICAL IMPAIRMENTS.
(i) A restriction prohibiting the operation of a vehicle with air
brakes.
(ii) A restriction limiting the operation of a combination of vehicles
to truck-trailer combinations.
(iii) A restriction limiting operation to vehicles of not more than a
specified GVWR.
(IV) A RESTRICTION LIMITING THE OPERATION OF A VEHICLE WITHIN A LIMIT-
ED MILEAGE RADIUS.
(V) A RESTRICTION PROHIBITING THE OPERATION OF A VEHICLE DURING
CERTAIN HOURS OF THE DAY.
(VI) A RESTRICTION LIMITING THE OPERATION OF A VEHICLE ON CERTAIN
HIGHWAYS.
(VII) A RESTRICTION PROHIBITING THE OPERATION OF A VEHICLE WITHOUT THE
PRESENCE OF A LICENSED DRIVER AT LEAST EIGHTEEN YEARS OF AGE.
S 4. Subdivision 3 of section 502 of the vehicle and traffic law, as
amended by chapter 387 of the laws of 2010, is amended to read as
follows:
3. Application for learner's permit. An application for a learner's
permit shall be included in the application for a license. A learner's
permit shall be issued in such form as the commissioner shall determine
but shall not be issued unless the applicant has successfully passed the
vision test required by this section and the test set forth in paragraph
(a) of subdivision four of this section with respect to laws relating to
traffic and ability to read and comprehend traffic signs and symbols and
has satisfactorily completed any course required pursuant to paragraph
(a) of subdivision four of this section. Upon acceptance of an applica-
tion for a learner's permit the commissioner shall provide the applicant
with a driver's manual which includes but is not limited to the laws
relating to traffic, the laws relating to and physiological effects of
driving while ability impaired and driving while intoxicated, the law
A. 1181 3
for exercising due care to avoid colliding with a parked, stopped or
standing authorized emergency vehicle pursuant to section eleven hundred
forty-four-a of this chapter, explanations of traffic signs and symbols
and such other matters as the commissioner may prescribe, INCLUDING
INFORMATION ON DRIVING WITH MEDICAL IMPAIRMENTS.
S 5. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
traffic law, as amended by section 3 of part K of chapter 59 of the laws
of 2009, is amended to read as follows:
(a) A license issued pursuant to subdivision five of this section
shall be valid until the expiration date contained thereon, unless such
license is suspended, revoked or cancelled. Such license may be renewed
by submission of an application for renewal, the fee prescribed by law,
proofs of prior licensing, fitness and acceptable vision prescribed by
the commissioner, the applicant's social security number, and if
required by the commissioner a photo image of the applicant in such
numbers and form as the commissioner shall prescribe. THE COMMISSIONER
MAY REQUIRE AN APPLICANT WITH A DIAGNOSED MEDICAL IMPAIRMENT TO SUBMIT A
REPORT FROM A HEALTH CARE PROFESSIONAL; WHERE THE COMMISSIONER, AFTER A
REVIEW OF ALL INFORMATION AVAILABLE TO HIM OR HER, INCLUDING THE INFOR-
MATION IN SUCH REPORT, DETERMINES THAT A DIAGNOSED MEDICAL IMPAIRMENT OF
AN APPLICANT MAY HINDER THE ABILITY OF SUCH APPLICANT TO SAFELY OPERATE
A MOTOR VEHICLE, SUCH COMMISSIONER MAY REQUIRE SUCH APPLICANT TO TAKE
AND PASS A TEST AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION,
AND/OR SUBMIT TO A ROAD TEST PRIOR TO RENEWING SUCH LICENSE. In addi-
tion, an applicant for renewal of a license containing a hazardous mate-
rial endorsement shall pass an examination to retain such endorsement.
The commissioner shall, with respect to the renewal of a hazardous mate-
rials endorsement, comply with the requirements imposed upon states by
sections 383.141 and 1572.13 of title 49 of the code of federal regu-
lations. A renewal of such license shall be issued by the commissioner
upon approval of such application, except that no such license shall be
issued if its issuance would be inconsistent with the provisions of
section five hundred sixteen of this title, and except that the commis-
sioner may refuse to renew such license if the applicant is the holder
of a currently valid or renewable license to drive issued by another
state or foreign country unless the applicant surrenders such license.
S 6. Section 502 of the vehicle and traffic law is amended by adding
two new subdivisions 8 and 9 to read as follows:
8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL
PROVIDE FOR REEVALUATION OF CURRENT LICENSEES UPON A REQUEST MADE BY A
CURRENT LICENSEE OR UPON A DETERMINATION IN CONSULTATION WITH THE
MEDICAL ADVISORY BOARD THAT A DIAGNOSED MEDICAL IMPAIRMENT OF AN APPLI-
CANT MAY HINDER THE ABILITY OF SUCH LICENSEE TO SAFELY OPERATE A MOTOR
VEHICLE. SUCH REEVALUATION MAY REQUIRE SUCH APPLICANT TO TAKE AND PASS
A TEST AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION AND/OR SUBMIT
TO A ROAD TEST.
9. THE COMMISSIONER WITH THE ADVICE AND ASSISTANCE OF THE MEDICAL
ADVISORY BOARD ESTABLISHED PURSUANT TO ARTICLE TWENTY-ONE-B OF THIS
CHAPTER SHALL, BY RULE AND REGULATION, PROMULGATE A LIST OF MEDICAL
IMPAIRMENTS FOR WHICH MOTORISTS OR LICENSEES OR PROSPECTIVE LICENSEES
MAY BE REQUIRED TO SUBMIT A REPORT FROM A HEALTH CARE PROFESSIONAL.
S 7. The vehicle and traffic law is amended by adding three new
sections 504-a, 506-a and 506-b to read as follows:
S 504-A. LICENSE APPLICATIONS; REQUIREMENTS. 1. THE COMMISSIONER
SHALL, WITH EACH ORIGINAL AND RENEWAL MOTOR VEHICLE LICENSE APPLICATION
TRANSMITTED AFTER JANUARY FIRST, TWO THOUSAND TWELVE, INCLUDE A NOTICE
A. 1181 4
OF THE AVAILABILITY OF INFORMATION AS SET FORTH IN PARAGRAPH (A) OF
SUBDIVISION TWO OF THIS SECTION.
2. (A) THE COMMISSIONER SHALL, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH AND THE MEDICAL ADVISORY BOARD ESTABLISHED PURSUANT TO ARTICLE
TWENTY-ONE-B OF THIS CHAPTER, DEVELOP INFORMATIONAL MATERIALS PERTAINING
TO MEDICAL IMPAIRMENTS WHICH MAY INTERFERE WITH AN OPERATOR'S ABILITY TO
SAFELY OPERATE A MOTOR VEHICLE, THE EFFECTS OF MEDICATION ON DRIVING,
DRIVER REEVALUATION AND RETRAINING, THE ISSUANCE OF LICENSES WITH
RESTRICTIONS FOR MEDICAL IMPAIRMENTS, AND THE USE OF ADAPTIVE MOTOR
VEHICLE EQUIPMENT. SUCH INFORMATIONAL MATERIAL ALSO SHALL ENCOURAGE THE
PUBLIC EXPERIENCING MEDICAL IMPAIRMENTS TO CONTACT A HEALTH CARE PROFES-
SIONAL.
(B) THE COMMISSIONER SHALL, IN CONSULTATION WITH THE DEPARTMENT OF
HEALTH AND THE MEDICAL ADVISORY BOARD ESTABLISHED PURSUANT TO ARTICLE
TWENTY-ONE-B OF THIS CHAPTER, DEVELOP INFORMATIONAL MATERIALS TO PROVIDE
HEALTH CARE PROFESSIONALS WITH INFORMATION ON THEIR ROLE IN COUNSELING
THEIR PATIENTS WITH REGARD TO SAFE DRIVING AND MEDICAL IMPAIRMENTS, AND
GUIDELINES WHICH SUCH HEALTH CARE PROFESSIONALS SHOULD FOLLOW IN PREPAR-
ING THE REPORTING FORM ON WHICH SUCH HEALTH CARE PROFESSIONAL MAY SUBMIT
FINDINGS TO THE COMMISSIONER PURSUANT TO THE PROVISIONS OF SECTION FIVE
HUNDRED SIX-A OF THIS ARTICLE.
3. THE COMMISSIONER AND THE DEPARTMENT OF HEALTH SHALL MAKE THE INFOR-
MATIONAL MATERIALS DEVELOPED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
AVAILABLE TO ALL HEALTH CARE PROFESSIONALS AND THE GENERAL PUBLIC.
S 506-A. REPORTING OF MEDICAL IMPAIRMENTS. 1. WHENEVER A HEALTH CARE
PROFESSIONAL DIAGNOSES A PATIENT WITH A MEDICAL IMPAIRMENT, OR
PRESCRIBES MEDICATION TO SUCH PATIENT WHICH COULD INTERFERE WITH SUCH
PATIENT'S ABILITY TO SAFELY OPERATE A MOTOR VEHICLE, SUCH HEALTH CARE
PROFESSIONAL SHALL ADVISE SUCH PATIENT OF SUCH FINDINGS, AND DIRECT SUCH
PATIENT TO NOTIFY THE COMMISSIONER OF SUCH FINDINGS. THE COMMISSIONER
SHALL DETERMINE WHETHER SUCH PATIENT SHALL BE REQUIRED TO SUBMIT TO
FURTHER DRIVER EVALUATION PROCEDURES.
2. HEALTH CARE PROFESSIONALS MAY VOLUNTARILY SUBMIT A REPORT TO THE
COMMISSIONER OF A PATIENT'S DIAGNOSED MEDICAL IMPAIRMENT, IF SUCH HEALTH
CARE PROFESSIONAL DETERMINES THAT SUCH PATIENT HAS NOT NOTIFIED THE
COMMISSIONER OF SUCH DIAGNOSED CONDITION. A HEALTH CARE PROFESSIONAL
SHALL PROVIDE A COPY OF SUCH REPORT TO THE PATIENT WHO IS THE SUBJECT OF
SUCH REPORT NO MORE THAN TEN BUSINESS DAYS AFTER SUCH REPORT WAS SUBMIT-
TED TO THE COMMISSIONER.
3. SUCH REPORT BY A HEALTH CARE PROFESSIONAL SHALL BE MADE ON A FORM
PRESCRIBED BY THE COMMISSIONER AND SHALL GIVE THE NAME, DATE OF BIRTH,
AND ADDRESS OF ANY PERSON SIXTEEN YEARS OF AGE OR OLDER WITH A DIAGNOSED
MEDICAL IMPAIRMENT, AND SHALL INCLUDE ALL DESCRIPTIVE INDICATIONS OF
SUCH IMPAIRMENT.
4. THE COMMISSIONER SHALL ESTABLISH METHODS TO FACILITATE THE REPORT-
ING OF DIAGNOSED MEDICAL IMPAIRMENTS BY PATIENTS AND HEALTH CARE PROFES-
SIONALS.
S 506-B. CONFIDENTIALITY OF MEDICAL REPORTS. 1. ANY AND ALL REPORTS OF
MEDICAL IMPAIRMENTS SUBMITTED TO THE COMMISSIONER SHALL BE CONFIDENTIAL
AND SHALL BE USED SOLELY FOR THE PURPOSES OF DETERMINING THE QUALIFICA-
TIONS OF A PERSON TO SAFELY OPERATE A MOTOR VEHICLE AND TAKING ADMINIS-
TRATIVE ACTION TO DENY AN ORIGINAL OR RENEWAL DRIVER'S LICENSE APPLICA-
TION OR TO PLACE RESTRICTIONS UPON A DRIVER'S LICENSE. SUCH REPORTS AND
THEIR CONTENTS SHALL NOT BE DIVULGED TO ANY PERSON, FIRM, PARTNERSHIP,
ASSOCIATION, CORPORATION, OR GOVERNMENTAL AGENCY, NOR BE USED AS
EVIDENCE IN ANY CIVIL OR CRIMINAL TRIAL OR PROCEEDING.
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2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
THE COMMISSIONER SHALL PROVIDE A COPY OF A REPORT OF A MEDICAL IMPAIR-
MENT SUBMITTED TO HIM OR HER, UPON DEMAND, TO THE PERSON WHO IS THE
SUBJECT OF SUCH REPORT OR TO SUCH PERSON'S AUTHORIZED REPRESENTATIVE.
S 8. Paragraph b of subdivision 2 of section 510 of the vehicle and
traffic law is amended by adding a new subparagraph (xvi) to read as
follows:
(XVI) WHEN A PERSON FAILS TO SUBMIT A REPORT FROM A HEALTH CARE
PROFESSIONAL WHEN REQUESTED TO DO SO BY THE COMMISSIONER AND/OR THE
MEDICAL ADVISORY BOARD UNTIL SUCH TIME AS SUCH REPORT HAS BEEN FILED.
S 9. Subdivision 3 of section 510 of the vehicle and traffic law is
amended by adding a new paragraph l to read as follows:
L. WHERE THE COMMISSIONER DETERMINES THAT A PERSON IS NOT CAPABLE OF
SAFELY OPERATING A MOTOR VEHICLE AS A RESULT OF A DIAGNOSED MEDICAL
IMPAIRMENT.
S 10. Section 541 of the vehicle and traffic law, as added by chapter
527 of the laws of 1990, is amended to read as follows:
S 541. Purpose. The medical advisory board shall advise the commis-
sioner on medical criteria and vision standards for the licensing of
drivers. SUCH BOARD SHALL ALSO ADVISE THE COMMISSIONER ON THE TYPES OF
MEDICAL IMPAIRMENTS FOR WHICH APPLICANTS FOR LICENSES, RENEWAL OF
LICENSES AND CURRENT LICENSEES SHALL SUBMIT A REPORT FROM A HEALTH CARE
PROFESSIONAL AND SHALL EXAMINE, REVIEW AND MAKE RECOMMENDATIONS IN
REGARD TO INDIVIDUAL DRIVER LICENSING CASES INVOLVING MEDICAL IMPAIR-
MENTS.
S 11. The vehicle and traffic law is amended by adding four new
sections 545-a, 545-b, 545-c and 545-d to read as follows:
S 545-A. MEDICAL ADVISORY BOARD REVIEW. UPON THE RECEIPT OF A REPORT
PURSUANT TO SECTION FIVE HUNDRED SIX-A OF THIS TITLE, THE COMMISSIONER
MAY REFER ANY INFORMATION THEREIN TO THE MEDICAL ADVISORY BOARD FOR ITS
CONSIDERATION AND RECOMMENDATION. THE BOARD MAY THEN REQUEST THE APPLI-
CANT TO PROVIDE ADDITIONAL TESTIMONY OR INFORMATION.
S 545-B. MEDICAL ADVISORY BOARD DETERMINATIONS. ANY RECOMMENDATION OF
THE BOARD MADE WITH RESPECT TO ANY LICENSE APPLICANT SHALL BE SUBJECT TO
THE PROVISIONS OF SECTION FIVE HUNDRED SIX-B OF THIS TITLE.
S 545-C. FINDINGS. IMMUNITY OF HEALTH CARE PROFESSIONALS AND MEDICAL
ADVISORY BOARD MEMBERS FROM CIVIL AND CRIMINAL ACTIONS. 1. NO CIVIL OR
CRIMINAL ACTION MAY BE BROUGHT AGAINST THE BOARD OR ANY OF ITS MEMBERS
FOR PROVIDING ANY REPORTS, RECORDS, EXAMINATIONS, OPINIONS OR RECOMMEN-
DATIONS PURSUANT TO THIS CHAPTER.
2. NO CIVIL OR CRIMINAL ACTION MAY BE BROUGHT AGAINST ANY HEALTH CARE
PROFESSIONAL WHO MAKES OR IS REQUESTED TO MAKE A REPORT IN ACCORDANCE
WITH SECTION FIVE HUNDRED SIX-B OF THIS TITLE.
3. ANY PERSON OTHER THAN A HEALTH CARE PROFESSIONAL, WHO REPORTS A
MEDICAL IMPAIRMENT SPECIFIED IN REGULATIONS PROMULGATED BY THE COMMIS-
SIONER, ACTING IN GOOD FAITH AND WITHOUT MALICIOUS INTENT, SHALL BE
IMMUNE FROM A CIVIL LIABILITY WHICH MIGHT BE OTHERWISE INCURRED OR
IMPOSED.
S 545-D. RESEARCH PROJECTS. IN ORDER TO IMPLEMENT AND ADMINISTER THE
PROVISIONS OF THIS ARTICLE, THE COMMISSIONER MAY ESTABLISH RESEARCH
PROJECTS WITH RESPECT TO DRIVER SAFETY.
S 12. Section 523-a of the vehicle and traffic law, as amended by
chapter 47 of the laws of 1988, is amended to read as follows:
S 523-a. Driver improvement clinic programs. In addition to the driv-
er rehabilitation program authorized by section eleven hundred ninety-
six of this chapter, the commissioner may establish, by regulation,
A. 1181 6
guidelines for alcohol AND DRUGS and highway safety programs. The
purpose of such programs should be to inform participants of the effects
of alcohol AND DRUGS on driving, to discuss problem drinking and its
effects, TO DISCUSS THE EFFECTS OF THE CONSUMPTION OF DRUGS, to provide
assistance to individuals with referral to alcoholism treatment
agencies, TO PROVIDE ASSISTANCE TO INDIVIDUALS WITH MEDICAL IMPAIRMENTS
WHICH COULD INTERFERE WITH THE SAFE OPERATION OF A VEHICLE and to
provide instruction with respect to proper driving techniques and driver
attitude. The commissioner shall establish criteria for requiring
attendance at such clinics, and may, pending attendance at such clinic,
suspend the driver's license or privilege of any person who fails to
attend such clinic as required by such regulations. Such criteria may
provide for the required attendance at such clinic of any person who, as
a result of the conviction for a moving traffic violation, is referred
by the trial court for such attendance. The commissioner shall estab-
lish a fee to be paid by any person who attends any such program. Such
fee shall be used to defray the ongoing expenses of the program. Where
the commissioner has approved any driver improvement program conducted
by local authorities, any such fee shall be paid to the agency conduct-
ing such program.
S 13. Subdivision 2 of section 87 of the public officers law is
amended by adding a new paragraph (m) to read as follows:
(M) ARE REPORTS OF MEDICAL IMPAIRMENTS PREPARED UNDER AUTHORITY OF
SECTION FIVE HUNDRED SIX-A OR FIVE HUNDRED SIX-B OF THE VEHICLE AND
TRAFFIC LAW, OR ARE RECOMMENDATIONS IN REGARD TO INDIVIDUAL DRIVER'S
LICENSE APPLICANTS PREPARED UNDER AUTHORITY OF SECTIONS FIVE HUNDRED
FORTY-ONE, FIVE HUNDRED FORTY-FIVE-A AND FIVE HUNDRED FORTY-FIVE-B OF
THE VEHICLE AND TRAFFIC LAW.
S 14. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.