2009-02-20 / Columns

Ask The DMV

Do you have questions about general driving related requirements, such as registration or insurance? Are you unclear about the laws and restrictions related to driving? The California Department of Motor Vehicles offers the following answers in this column and at www.dmv.ca.gov.

Q: How does DMV determine if I need a reexamination?

DMV has the authority to investigate and reexamine your ability to operate a motor vehicle safely due to a physical or mental condition or a poor driving record. DMV receives information from many sources, such as:

•Your physician or surgeon who is required by law to report to DMV certain conditions or disorders characterized by loss of consciousness or control, including Alzheimer's disease. The law also allows them to report other conditions which, in their opinion, may affect your ability to operate a motor vehicle safely.

•Emergency medical personnel who may see you in an emergency facility due to a sudden loss of consciousness, awareness, or control.

•Unsolicited letters from family members, friends, or neighbors who report that you may no longer be able to drive safely.

•A law enforcement officer who stops you for a traffic law violation or is at an accident scene in which you were involved, and you appear to be an unsafe driver.

•A Request for Priority Reexamination from a peace officer who has observed your driving and believes you are an unsafe driver and should not continue driving.

•Your driver license application or renewal-by-mail notice where you indicate that you have a disease, disorder, or disability that affects your ability to operate a motor vehicle safely.

•Your driving record which indicates accidents, traffic law convictions, reckless, negligent or incompetent driving habits, fraudulent use of a driver license, or other grounds which would cause DMV to refuse a driver license.

Q: What happens if DMV decides I should be reexamined?

Once DMV is made aware that you have a medical condition that may cause a potential driving risk to yourself or others, or your driving record indicates negligent driving activity, DMV will evaluate you to ensure you can drive safely. DMV may do one of the following:

•Request medical information from you. If it is clear from the medical information that you do not present a driving risk, DMV's evaluation may end and no action will be taken against your driving privilege.

•Conduct a "regular" reexamination. The reexamination may be in-person or conducted over the telephone. You may be required to present medical information and submit to a law, vision, and driving test, if appropriate.

•Conduct a Priority Reexamination. If you were served with a Notice of Priority Reexamination, you must appear for the reexamination within five days. If you do not appear, your driving privilege will be suspended. You are required to submit to a law, vision, and driving test and present medical information.

•Take an immediate suspension or revocation action of your driving privilege if your physical or mental condition presents an immediate threat to public safety.

Q: What decision can DMV make after a reexamination?

Following a reexamination, the DMV hearing officer will take one of the following administrative actions:

•No Action: Your condition or driving record does not warrant an action against your driving privilege.

•Medical Probation (Type I): You must comply with your medical regimen and report to DMV any changes in your medical condition.

•Medical Probation (Type II): Your physician must submit periodic medical reports to DMV on specified dates.

•Limited Term License: You are issued a license for up to two years, and you are required to return to DMV for reevaluation and potential retesting.

•Calendar Reexamination: You are required to appear for a reexamination at specified intervals, provide updated medical information, and submit to possible retesting.

•Restriction: You may only operate a motor vehicle under specific conditions and circumstances, such as: driving during certain times of the day, driving within certain geographical areas, or having your vehicle equipped with specialized equip-ment.

•Suspension: Your driving privilege is suspended for an indefinite period of time. Your driving privilege can be reinstated at any time if you can show that you are compensating for a physical or mental condition, or your driving behavior no longer presents a safety risk.

•Revocation: Your driving privilege is terminated. Generally this action is taken when your physical or mental condition is so severe it does not appear likely that your condition will ever improve, or a driving incident is so severe that you present a safety risk.

Readers are invited to submit their DMV-related questions to askdmv@dmv.ca.gov.

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