Subject 375-3-5 DRIVER'S LICENSE ADVISORY BOARD
|(1)||The purpose of this chapter is to establish guidelines for the Drivers License Advisory Board and Departmental procedures to be followed in determining whether to recommend the issuance or revocation of driver's licenses to functionally incapacitated persons. The guidelines are not to be construed as the exclusive basis upon which the Board may recommend refusal or revocation of licenses. Commercial driver's physical qualifications are regulated under the Federal Motor Carrier Safety Regulations (FMCSR) Subpart E, 391.41.|
|(2)||The Board may recommend that a limited license be granted in lieu of denying the issuance of an unrestricted license or revoking such license.|
|(1)||Episodic alteration of consciousness, severe enough to cause the person to lose his postural attitude or to be unable to continue whatever action he was involved in, whether or not caused by disorders primary to the central nervous system, would cause that individual to be reviewed under this section. Isolated incidents of lapses of consciousness without likelihood of recurrence need not be considered here.|
|(2)|| All individuals who have had one episode
of altered consciousness should be grouped as follows:
Certain cases of heart disease, hypertensive vascular disease, peripheral vascular disease, and aneurysms will cause the suffering individual to be reviewed under this section.
|(a)|| Heart disease--Organic heart disease is
divided into three groups. A fourth group deals with certain arrhythmias.
|(b)||Cardiac Pacemakers--Individuals with implanted pacemakers to control heart rate should not be recommended for Class M, A or B licenses. They may reasonably be given a medical review at yearly intervals by a physician familiar with cardiac pacemakers.|
|(c)|| Hypertensive Vascular Disease--A
repeatedly elevated diastolic pressure over 90 mm Hg. in an untreated
individual is, for purposes of these guidelines assumed, to be diagnostic of
hypertension. Transient headaches from this disease must be judged on an
individual basis to determine their severity, frequency, and subsequent
interference with the individual's driving ability.
|(d)|| Vascular Disease Affecting the
Extremities. The importance of this category to the ability to drive safely
depends on the impairment of the functional use of the affected extremity or
extremities. This category is divided into three groups. Presence of vascular
disease is presumed to have been diagnosed by existing conventional methods.
Loss of pulses or arterial calcification is not considered an impairment to
|(e)|| Aneurysms. Each case should be given
individual consideration. The following recommendations are intended to be very
|(1)||Emotional disturbance on the part of a motor vehicle operator as it affects his ability to drive should be individually considered.|
Factors to be considered in determining mental fitness to drive include, but
are not limited to the following:
|(3)||A person with 2 or more convictions for crimes of violence against others may have severe emotional disturbances and should have careful evaluation of his mental function before being recommended for any class of license.|
|(4)||These personality characteristics often become apparent in police records, work records, job disability records, and in the histories of martial difficulty, and these records should be considered.|
While in many cases the best evaluation of driving performance still remains the practical road test, in order to insure adequate manual control in driving an automobile the following guidelines for musculoskeletal performance should be used.
|(a)|| Motor Power Requirements.
|(b)||Active Range of Motion of Joints. A driver must have adequate mobility of the joints that are important to the safe operation of a motor vehicle. The range of motion necessary will vary as to the specific vehicle and as to the size of the individual evaluation of this category of driver impairment must be based on individual consideration by the examining physician and on the performance of the road test.|
|(c)||Amputations. Whether or not an amputation will impair the ability to drive an automobile safely should be decided if brought to the medical board, on an individual basis.|
Respiratory impairment leads to a decreased ability to adequately provide sufficient oxygenation of the blood to meet the demands, required of drivers.
|(a)|| Tests of
|(b)|| The tests most likely to give a survey of
the driver's ventiliatory capacity are:
|(c)|| Test requirements.
of impairment to driving caused by ventilatory deficiency:
|(1)|| Certain cases
of poor function in visual acuity, visual fields, ocular mobility, dark
adaptation, and color blindness will cause the individual to be reviewed under
|(1)|| No license shall be issued to or retained
by any person who is unable to safely operate a motor vehicle due to:
|(2)||Upon receipt of a report that a person with a disability or disorder defined in paragraph (1) (a) through (c) may be unqualified to be licensed, the Department may obtain the advice of the Driver License Advisory Board. Such review by the Driver License Advisory Board may also be requested by the licensee. The Board may base its advice on records and reports provided by the department, an examination and report made by a Board member or other qualified person designated by the Board, or a written report provided by a licensed physician chosen by licensee. The submission of such reports shall be without expense to the State or the Department.|
|(4)||If the Department has not received completed medical reports from the licensee within thirty (30) days, their driver's license shall be revoked and they shall be deemed to have waived their right to appeal or otherwise contest the revocation.|
|(5)||The Department may, upon good cause shown, extend the time periods established above. The Department's decisions in this regard shall be final and not subject to review.|
|(6)||After receipt of the recommendation of the Driver License Advisory Board, where applicable, and any other pertinent information, the Department shall notify the licensee, by mail, of the retention, retention with restrictions, or revocation of his driver's license. As the Department is authorized by statute to impose any restrictions which it may determine are appropriate to assure the safe operation of any motor vehicle by the licensee, no appeal shall be granted regarding the Department's decision to impose restrictions on a person's driver's license. If the driver's license is revoked, the licensee may appeal that revocation as provided hereinafter.|
|(7)||The licensee may, within fifteen (15) days of receipt of notice of revocation, request a hearing by a designated hearing officer of the Department. Such request must be made in accordance with the appeal requirements in Ga. Comp. R. & Regs. R. 375-1-1-.06 and received by the Department within the 15-day period specified. If no request for hearing is received within the 15-day time period, the licensee shall be considered to have waived their right to a hearing and to appeal the revocation of their driver's license. The notice of revocation shall advise the driver of this requirement.|
|(8)||The hearing and appeal procedures shall be as specified in Ga. Comp. R. & Regs. R. 375-1-1-.06.|
|(9)||The department is authorized to revoke the license of a licensee without a preliminary examination or hearing upon a recommendation by a court or prosecutor, or upon a showing by the records of the department, that the licensee is unable to drive safely due to a disability and/or disorder as provided in paragraph (1)(a) through (c).|
|(10)||Once a licensee is found to be physically and/or mentally qualified, the Department shall require such person to present an application for a new license and complete the applicable knowledge and/or skills tests for issuance of a driver's license. Any person who fails an applicable skills or knowledge test may make another attempt at such test in the time intervals established in Ga. Comp. R. & Regs. R. 375-3-1-.12. Notwithstanding the foregoing, if a person successfully completes the knowledge test(s) but does not take or fails the applicable skills test(s), they may be issued an instructional permit in the applicable license class.|
|(1)||Whenever the Department has reason to believe that an applicant is physically or mentally incompetent to operate a motor vehicle, the applicant shall be given a medical report form which must be completed by a licensed physician of the applicant's choice and returned by the licensed physician directly to the Department before the application will be taken under consideration by the Department. The submission of such reports is to be without expense to the State.|
|(2)||Upon receipt of the completed medical report forms, the Department may send copies of the same to a licensed physician on the Driver License Advisory Board. to the licensed physician shall review each applicant's report and make recommendations to the Department. If necessary to aid in its evaluation, the Board may request that further information be supplied by the applicant, or that the applicant submit to a re-examination by a medical specialist within the applicant's geographical area. If re-examination by a specialist is required, the applicant shall be given a list of approved specialists from which to choose for re-examination and additional medical report forms, which are to be sent directly by the specialist to the Department. The Department will then route the specialist's report as outlined for the original medical reports. Submission of specialists' reports is to be without cost to the State.|
|(3)||If either the original medical reports or any supplemental specialist's reports shall confirm the applicant's failure to meet the State's visual standards, the Department shall not approve the application for driver's license and shall so advise the applicant.|
|(4)||If upon receipt of the Driver License Advisory Board's recommendation or other pertinent information, the Department decides to disapprove the application for driver's license, the applicant shall be advised of this decision and the opportunity for a hearing as provided in Ga. Comp. R. & Regs. R. 375-1-1-.06.|
|(5)||An applicant with a physical impairment that the Department believes requires special consideration for safe driving, may be given the driver's license examination and be issued a driver's license that is restricted in use according to the requirements of Ga. Comp. R. & Regs. R. 375-3-1-.04.|