Bill Text: NY S05225 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes the commissioner of motor vehicles to require the submission of physicians', physicians' assistants or nurse practitioners' statements on a scheduled basis under certain circumstances; relates to the licensing of drivers where there is evidence of the loss of consciousness by such person; defines "loss of consciousness"; makes related provisions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-12-23 - APPROVAL MEMO.85 [S05225 Detail]

Download: New_York-2019-S05225-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5225
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 17, 2019
                                       ___________
        Introduced by Sen. GOUNARDES -- 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:
     1    Section  1.  Subdivision  2  of section 506 of the vehicle and traffic
     2  law, as added by chapter 780 of the laws of 1972, is amended to read  as
     3  follows:
     4    2.  The commissioner may require every person holding a license issued
     5  pursuant to this article to submit to such an examination  as  shall  be
     6  determined by him to be appropriate if (a) such person has been involved
     7  in  three accidents while driving a motor vehicle or motorcycle within a
     8  period of eighteen  months,  if  such  accidents  were  required  to  be
     9  reported by section six hundred five of this chapter, or (b) such person
    10  experienced  a  loss  of  consciousness  and was involved in an accident
    11  while driving a motor  vehicle  or  motorcycle,  if  such  accident  was
    12  required  to be reported by section six hundred five of this chapter and
    13  the commissioner receives  evidence  that  such  loss  of  consciousness
    14  caused or contributed to such accident.
    15    §  2.  The New York state department of motor vehicles ("department"),
    16  in consultation with the New York state department of health and the New
    17  York state division of state police, shall undertake  a  review  of  the
    18  department's  medical  review program regarding the department's reexam-
    19  ination of  drivers  and  the  methodologies  by  which  the  department
    20  receives  information  that  would  establish reasonable grounds for the
    21  commissioner of motor vehicles  to  believe  that  a  person  holding  a
    22  license  may not be qualified to drive a motor vehicle due to a chronic,
    23  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. 5225                             2
     1  ness  or  loss  of body control.   Such review shall include, but not be
     2  limited to, an examination of the means by which the department is noti-
     3  fied by a physician, a police officer, or  other  person  of  a  driving
     4  incident,  behavior,  action  or other cause relating to a person's safe
     5  driving performance; identification of any impediments that could  have,
     6  or have, inhibited the submission of reports by physicians, police offi-
     7  cers,  or  other persons that a driver may have a medical condition that
     8  affects his or her ability to safely operate a motor  vehicle;  and  the
     9  identification  of  procedures  that  the  department could undertake to
    10  reduce any such impediments. Such review shall  be  made  and  completed
    11  within one year of the effective date of the chapter of the laws of 2018
    12  that  added  this  section,  and shall be submitted to the governor, the
    13  temporary president of the senate, the  speaker  of  the  assembly,  the
    14  chair  of the senate transportation committee, the chair of the assembly
    15  transportation committee, the chair of the senate health  committee  and
    16  the chair of the assembly health committee on or before such date.
    17    §  3.  This  act shall take effect immediately, provided, however that
    18  section one of this act shall take effect on the thirtieth day after  it
    19  shall have become a law.