NY State Senate Bill 2019-S1071

Senate Bill S1071

2019-2020 Legislative Session

Authorizes the commissioner of DMV to require examination of a person involved in an accident caused by a loss of consciousness or awareness

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2019	referred to transportation

2019-S1071 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §506, V & T L
Versions Introduced in 2017-2018 Legislative Session:: S8990

2019-S1071 (ACTIVE) - Summary

Authorizes the commissioner of DMV to require examination of a person involved in an accident caused by a loss of consciousness or awareness; directs DMV, in consultation with the New York state department of health and the New York state division of state police, to undertake a review of the department's medical review program regarding the department's reexamination of drivers who may suffer from a chronic, ongoing condition that may cause loss of consciousness, loss of awareness or loss of body control.

2019-S1071 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1071

SPONSOR: YOUNG
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to authorizing
the commissioner of the department of motor vehicles to require examina-
tion of persons involved in an accident which was caused by a loss of
consciousness by such person

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to ensure the safety of pedestrians
and drivers.

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill would authorize the Department of Motor Vehicles (DMV) to
require driver's license holders to submit to a DMV reexamination of
their fitness to drive if the licensee experienced a loss of conscious-
ness and was involved in a reportable accident while driving and DMV

receives evidence that the loss of consciousness caused or contributed
to the accident.

The bill also would direct DMV, in consultation with the Department of
Health and the Division of State Police, to review its medical review
program regarding driver reexamination and the methodologies by which
DMV receives information establishing the reasonable grounds necessary
for the Commissioner of Motor Vehicles to believe that the licensee may
not be qualified to drive due to a chronic, ongoing condition that may
cause loss of consciousness, loss of awareness or loss of body control.
This review must include an examination of the means by which DMV is
notified by physicians, police officers, or other persons of issues
relating to another person's safe driving performance, identification to
any impediments to physician, police officer or other person's report-
ing, and identification of the procedures DMV could take to reduce
impediments. The review must be submitted to the Governor and the Legis-
lature no later than one year after the effective date of this act.

 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Subdivision 2 of section 506 allows the Commissioner of Motor Vehicles
to require driver's license holders to submit to a reexamination if the
licensee was involved in three reportable accidents within a period of
18 months.

 
JUSTIFICATION:

Human factors contribute to the majority of motor vehicle crashes in the
State, and many recent crashes highlight a glaring need in state law to
help protect both drivers and pedestrians. This bill is a significant
step toward addressing factors relating to drivers losing consciousness,
awareness or control due to chronic, ongoing conditions. Under current
law, the Commissioner of Motor Vehicles can compel a person holding a
New York State driver's license to submit to a reexamination of their
fitness to drive a motor vehicle if that person was involved in three
reportable crashes within a period of 18 months, or if the Commissioner
has reasonable grounds to believe that a person holding a New York driv-
er's license is not qualified to drive. The Commissioner should have the
authority to compel persons whose lost consciousness behind the wheel
either caused, or contributed to, a crash in which another person was
injured or killed or which caused a reportable level of property damage
in a single crash, instead of after three such crashes over the course
of eighteen months, and this bill would provide that authority.

Additionally, the process by which the Commissioner obtains reasonable
grounds to believe that a person is not qualified to safely operate a
motor vehicle requires that DMV have a "specific reason" related to
driving performance as to why a driver needs to be contacted for a re-e-
valuation. According to DMV procedures, a "specific reason" is a driving
incident, behavior, action or other cause reported to DMV by a physi-
cian, a police officer, or someone who knows or has observed the driver.
Police officers can submit a "Police Agency Request for Driver Review,"
a physician can submit a "Physician's Request for Driver Review," and
concerned individuals can submit a "Request for Driver Review." Addi-
tionally, police officers are required by law to submit accident reports
whenever an accident involving an injury is reported to them, and when-
ever an accident results in a serious physical injury or death.

Despite these available means to make reports, it appears that more
could be done to facilitate the means by which DMV is notified of driv-
ers who may need re-evaluation. To that end, the bill directs DMV, in
consultation with the Department of Health and the Division of State
Police, to review its medical review program and the methodologies by
which DMV receives information regarding an individual's qualification
to safely drive a vehicle. Included in the review is an examination of
the means by which DMV is notified of a driving behavior, incident,
behavior or action that could merit a reexamination of the licensee by
DMV, identification of any impediments to physician, police officer, or
concerned citizen reporting, and procedures that DMV could undertake to
reduce those impediments.

 
PRIOR LEGISLATIVE HISTORY:

2018: S8990/A11121, passed both houses and vetoed by the Governor (veto
memo. 346)

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however that section
one of this act shall take effect on the thirtieth day after it shall
have become a law.

2019-S1071 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1071
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  authorizing
   the  commissioner of the department of motor vehicles to require exam-
   ination of persons involved in an accident which was caused by a  loss
   of consciousness by such person
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 506 of  the  vehicle  and  traffic
 law,  as added by chapter 780 of the laws of 1972, is amended to read as
 follows:
   2. The commissioner may require every person holding a license  issued
 pursuant  to  this  article to submit to such an examination as shall be
 determined by him to be appropriate if (A) such person has been involved
 in three accidents while driving a motor vehicle or motorcycle within  a
 period  of  eighteen  months,  if  such  accidents  were  required to be
 reported by section six hundred five of this chapter, OR (B) SUCH PERSON
 EXPERIENCED A LOSS OF CONSCIOUSNESS AND  WAS  INVOLVED  IN  AN  ACCIDENT
 WHILE  DRIVING  A  MOTOR  VEHICLE  OR  MOTORCYCLE,  IF SUCH ACCIDENT WAS
 REQUIRED TO BE REPORTED BY SECTION SIX HUNDRED FIVE OF THIS CHAPTER  AND
 THE  COMMISSIONER  RECEIVES  EVIDENCE  THAT  SUCH  LOSS OF CONSCIOUSNESS
 CAUSED OR CONTRIBUTED TO SUCH ACCIDENT.
   § 2. The New York state department of motor  vehicles  ("department"),
 in consultation with the New York state department of health and the New
 York  state  division  of  state police, shall undertake a review of the
 department's medical review program regarding the  department's  reexam-
 ination  of  drivers  and  the  methodologies  by  which  the department
 receives information that would establish  reasonable  grounds  for  the
 commissioner  of  motor  vehicles  to  believe  that  a person holding a
 license may not be qualified to drive a motor vehicle due to a  chronic,
 ongoing  condition  that may cause loss of consciousness, loss of aware-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02083-01-9

 S. 1071                             2
 
 ness or loss of body control.   Such review shall include,  but  not  be
 limited to, an examination of the means by which the department is noti-
 fied  by  a  physician,  a  police officer, or other person of a driving
 incident,  behavior,  action  or other cause relating to a person's safe
 driving performance; identification of any impediments that could  have,
 or have, inhibited the submission of reports by physicians, police offi-
 cers,  or  other persons that a driver may have a medical condition that
 affects his or her ability to safely operate a motor  vehicle;  and  the
 identification  of  procedures  that  the  department could undertake to
 reduce any such impediments. Such review shall  be  made  and  completed
 within one year of the effective date of the chapter of the laws of 2018
 that  added  this  section,  and shall be submitted to the governor, the
 temporary president of the senate, the  speaker  of  the  assembly,  the
 chair  of the senate transportation committee, the chair of the assembly
 transportation committee, the chair of the senate health  committee  and
 the chair of the assembly health committee on or before such date.
   §  3.  This  act shall take effect immediately, provided, however that
 section one of this act shall take effect on the thirtieth day after  it
 shall have become a law.

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