Current through Register Vol. 30, No. 38, September 20, 2024
A.
Screening process for safe operation of a motor vehicle.
1. An applicant shall complete the
application, including the medical screening questions and
certification.
2. An applicant
without a valid driver license shall successfully complete all required
examinations or obtain an evaluation if:
a.
The Department informs the applicant that the applicant's responses to the
medical screening questions indicate the existence of a disqualifying medical
condition; or
b. The applicant
comes under subsection (B)(1)(a), (B)(1)(c), or (B)(1)(d).
3. An applicant for license renewal shall
successfully complete an examination or obtain an evaluation if the applicant's
responses to the medical screening questions indicate that since the
applicant's last driver license issuance:
a.
The applicant has developed a visual, physical, or psychological condition that
may constitute a disqualifying medical condition; or
b. There has been a change in an existing
visual, physical, or psychological condition that may constitute a
disqualifying medical condition.
4. As soon as a licensee's medical condition
allows, the licensee shall notify the Department, in writing, that a medical
condition exists not previously reported to the Department that may affect the
licensee's functional ability. On receipt of the required notification, the
Department shall require the licensee to complete an examination or evaluation.
B.
Evaluation. An applicant or licensee shall submit to an evaluation as required
by the Department.
1. The Department shall
require an evaluation if the Department notifies the applicant or licensee in
writing that:
a. The applicant or licensee
comes under the provisions of
R17-4-503 or
R17-4-506;
b. The applicant or licensee reports a
possible disqualifying medical condition or fails to successfully complete an
examination;
c. The applicant or
licensee shows unexplained confusion, loss of consciousness, or incoherence
that is observed by Department personnel; or
d. A person with direct knowledge submits to
the Department written information about specific events or conduct indicating
the applicant or licensee may have a disqualifying medical condition.
2. The applicant or licensee shall
have the physician, appropriate specialist, or certified substance abuse
counselor who performs an evaluation submit timely an evaluation report on a
form provided by the Department to the Department's Medical Review Program.
3. An applicant or
licensee shall pay for any expense incurred by the applicant or licensee to
show compliance with the visual, physical, and psychological standards for a
driver license.
C. Licensing action.
The Department shall take a licensing action after requiring an applicant or
licensee to complete an examination successfully or obtain an evaluation and
submit an evaluation report.
1. The Department
shall deny a driver license if an applicant or licensee:
a. Fails to complete successfully an
examination; or
b. Fails to:
i. Obtain an evaluation; or
ii. Have a physician, appropriate specialist,
or certified substance abuse counselor submit an evaluation report to the
Department within 30 days after the Department notifies the applicant that an
evaluation is required; or
c.
Has an evaluation report submitted that indicates a disqualifying medical
condition.
2. The
Department shall summarily suspend a an applicant's or licensee's driving
privileges under A.R.S. §§
28-3306
and
41-1064
for a reason stated in subsection (C)(1).
3. The Department shall issue a revocation
notice with a notice of summary suspension. The revocation notice shall inform
the applicant or licensee that:
a. Unless the
Department receives the applicant or licensee's timely hearing request under
subsection (E), the revocation becomes effective:
i. Fifteen days after the date the applicant
or licensee is personally served with the notice, or
ii. Twenty days after the date the notice is
mailed to the applicant or licensee.
b. An applicant or licensee who wishes to
obtain a license after suspension or revocation shall reapply for a license as
specified in A.R.S. §
28-3315.
4. The Department shall issue a
driver license or shall not suspend or revoke an applicant or licensee's
driving privileges if:
a. The applicant or
licensee successfully completes all required examinations and the Department
does not require an evaluation, or
b. The applicant or licensee obtains all
required evaluations and the most recent evaluation report submitted on behalf
of the applicant or licensee conclusively indicates no disqualifying medical
condition.
D. Driver license
restrictions. If an applicant or licensee uses an adaptation, including those
listed below, to demonstrate functional ability during an examination, the
Department shall indicate the adaptation as a restriction on a driver license
issued to the applicant or licensee and on the applicant's or licensee's
driving record:
1. Automatic
transmission,
2. Hand dimmer
switch,
3. Left-foot gas
pedal,
4. Parking-brake
extension,
5. Power
steering,
6. Power
brakes,
7. Six-way power
seat,
8. Right-side directional
signal,
9. A device that enables an
operator to spin the steering wheel,
10. A device that enables full foot
control,
11. Dual outside
mirrors,
12. Chest
restraints,
13. Shoulder
restraints,
14. A device that
extends pedals,
15. A device that
enables full hand control,
16.
Adapted seat, and
17. Prosthetic
aid.
E. Hearings. The Department's Executive Hearing Office
shall conduct the hearing as provided under A.R.S. Title 41, Chapter 6, Article
6, and 17 A.A.C. 1, Article 5.
F. The
Department shall not release information required to be submitted to the
Department under this Section by an applicant or licensee except to a person or
entity qualified under A.R.S. §
28-455.
