Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General
disqualifications. A person who has any of the following conditions
will not be qualified to drive:
(1) Unstable
diabetes mellitus leading to severe hypoglycemic reactions or symptomatic
hyperglycemia unless there has been a continuous period of at least 6 months
free from a disqualification in this paragraph. Once the diabetic condition has
stabilized, and as long as the individual has not had another disqualifying
episode within the last 6 months, the driving privilege may be restored. The
individual shall submit to a diabetic examination, which includes an HbA1C test
as well as a vision screening, and the treating health care provider shall
certify on a completed form provided by the Department that the individual has
been free from a disqualifying episode. Thereafter, the individual shall submit
to a diabetic examination, which includes an HbA1C test as well as a vision
screening, in accordance with the following schedule:
(i) Six months after the diabetic examination
required in this paragraph, the individual shall submit to a follow-up diabetic
examination and the treating health care provider shall certify, on a completed
form provided by the Department, that the individual has been free from a
disqualifying episode.
(ii) Twelve
months after the previous diabetic examination, the individual shall submit to
a follow-up diabetic examination and the treating health care provider shall
certify, on a completed form provided by the Department, that the individual
has been free from a disqualifying episode.
(iii) Twenty-four months after the previous
diabetic examination, the individual shall submit to a follow-up diabetic
examination and the treating health care provider shall certify, on a completed
form provided by the Department, that the individual has been free from a
disqualifying episode.
(iv)
Forty-eight months after the previous diabetic examination, the individual
shall submit to a follow-up diabetic examination and the treating health care
provider shall certify, on a completed form provided by the Department, that
the individual has been free from a disqualifying episode.
(v) Diabetic examination may be required more
frequently if recommended by the treating health care provider.
(vi) Providing the condition of the
individual remains under good control, the individual will not be required to
submit to additional diabetic examinations.
(2) A waiver may be granted if an individual
has been previously free from severe hypoglycemic reactions or symptomatic
hyperglycemia for the preceding 6 months and the subsequent severe hypoglycemic
reaction or symptomatic hyperglycemia occurred while the individual was under
the treating health care provider's care, during or concurrent with a
nonrecurring transient illness, toxic ingestion or metabolic imbalance. This
waiver will only be granted if the treating health care provider submits
written certification indicating it is a temporary condition or isolated
incident not likely to recur.
(3)
Cerebral vascular insufficiency or cardiovascular disease which, within the
preceding 6 months, has resulted in one or more of the following:
(i) Syncopal attack or loss of
consciousness.
(ii) Vertigo,
paralysis or loss of qualifying visual fields.
(4) Periodic episodes of loss of
consciousness which are of unknown etiology or not otherwise categorized,
unless the person has been free from episode for the year immediately
preceding.
(b)
Disqualification on provider's recommendation. A person who
has any of the following conditions will not be qualified to drive if, in the
opinion of the provider, the condition is likely to impair the ability to
control and safely operate a motor vehicle:
(1) Loss of a joint or extremity as a
functional defect or limitation.
(2) Impairment of the use of a joint or
extremity as a functional defect or limitation.
(i) The provider should inform the patient of
the prohibition against driving due to the functional impairment.
(ii) The provider shall inform the Department
in writing of the impairment if the condition has lasted or is expected to last
longer than 90 days.
(3)
Rheumatic, arthritic, orthopedic, muscular, vascular or neuromuscular disease.
(i) The provider should inform the patient of
the prohibition against driving due to the functional impairment.
(ii) The provider shall inform the Department
in writing of the impairment if the condition has lasted or is expected to last
longer than 90 days.
(4)
Cerebral vascular insufficiency or cardiovascular disease which, within the
preceding 6 months, has resulted in lack of coordination, confusion, loss of
awareness, dyspnea upon mild exertion or any other sign or symptom which
impairs the ability to control and safely perform motor functions necessary to
operate a motor vehicle.
(5) Mental
disorder, whether organic or without known organic cause, as described in the
current Diagnostic and Statistical Manual of Mental Disorders (DSM) published
by the American Psychiatric Association, 1700 18th Street NW, Washington, DC
20009, especially as manifested by the symptoms set forth in subparagraphs
(i)-(iii). While signs or symptoms of mental disorder may not appear during
examination by the provider, evidence may be derived from the person's history
as provided by self or others familiar with the person's behavior.
(i) Inattentiveness to the task of driving
because of, for example, preoccupation, hallucination or delusion.
(ii) Contemplation of suicide, as may be
present in acute or chronic depression or in other disorders.
(iii) Excessive aggressiveness or disregard
for the safety of self or others or both, presenting a clear and present
danger, regardless of cause.
(6) Periodic episodes of loss of attention or
awareness which are of unknown etiology or not otherwise categorized, unless
the person has been free from episode for the year immediately preceding, as
reported by a licensed physician.
(7) Use of any drug or substance, including
alcohol, known to impair skill or functions, regardless whether the drug or
substance is medically prescribed.
(8) Other conditions which, in the opinion of
a provider, is likely to impair the ability to control and safely operate a
motor vehicle.
(c)
Driving examination. A person who has any of the conditions
enumerated in subsection (b)(1), (2), (3) or (8) may be required to undergo a
driving examination to determine driving competency, if the Department has
reason to believe that the person's ability to safely operate a motor vehicle
is impaired. The person may be restricted to driving only when utilizing
appropriate adaptive equipment.
The provisions of this §83.5 amended under the Vehicle
Code,
75 Pa.C.S. §§
1517,
1518 and
6103.