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HB 416: "An Act relating to physician reports regarding driver safety, to driver's courses, and to driver licensing."

00 HOUSE BILL NO. 416 01 "An Act relating to physician reports regarding driver safety, to driver's courses, and to 02 driver licensing." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.64 is amended by adding a new section to article 3 to read: 05 Sec. 08.64.364. Physicians to report certain conditions. A physician who 06 determines that a person who is a licensed driver suffers from a condition 07 characterized by lapses in consciousness shall provide written notice of the person's 08 name and condition to the division of motor vehicles. 09 * Sec. 2. AS 28.05.035 is amended to read: 10 Sec. 28.05.035. Approval of accident prevention courses. For the purposes 11 of AS 21.89.025(a)(4), the commissioner shall adopt standards for a driver 12 improvement course and may approve a driver education course [COURSES] 13 intended to prevent motor vehicle accidents and promote safe driving practices. 14 * Sec. 3. AS 28.15.031(b) is amended to read:

01 (b) The department may not issue an original or duplicate driver's license to, 02 or [NOR] renew or reinstate the driver's license of, a person 03 (1) whose license is suspended or revoked, except as otherwise 04 provided in this chapter; 05 (2) who fails to appear in court for the adjudication of a certain 06 vehicle, driver, or traffic offense when the person's appearance is required by statute, 07 regulation, or court rule; 08 (3) who is an habitual user of alcohol or another drug to such a degree 09 that the person is incapable of safely driving a motor vehicle; 10 (4) [REPEALED 11 (5)] when the department, based upon medical evidence, has 12 determined that 13 (A) the person's best corrected vision is 20/200 or worse in 14 that person's better eye; in meeting vision requirements, a person may not 15 use a bioptic telescopic or similar lens; or 16 (B) because of the person's physical or mental disability the 17 person is not able to drive a motor vehicle safely; 18 (5) [(6)] who is unable to understand official traffic control devices as 19 displayed in this state or who does not have a fair knowledge of traffic laws and 20 regulations, as demonstrated by an examination; 21 (6) [(7)] who has knowingly made a false statement in the person's 22 application for a license or has committed fraud in connection with the person's 23 application for, or in obtaining or attempting to obtain, a license, or who has not 24 applied under oath on the form provided for the purpose of obtaining or attempting to 25 obtain a license or permit; or 26 (7) [(8)] who is required under AS 28.20 to furnish proof of financial 27 responsibility and who has not done so. 28 * Sec. 4. AS 28.15.081 is amended by adding a new subsection to read: 29 (e) The commissioner shall, in implementing this section, provide training to 30 test administrators that encourages sensitivity to the issues of youth and aging. 31 * Sec. 5. AS 28.15.091 is amended to read:

01 Sec. 28.15.091. Department may require re-examination. If the department 02 has good cause to believe that a licensed driver is incompetent or otherwise not 03 qualified to be licensed, it may upon written notice of at least 10 days to the licensee 04 require the licensee to submit to an examination. Upon conclusion of the examination, 05 the department shall take action as may be appropriate and may cancel the license of 06 the person, or may issue a restricted license under AS 28.15.121, or restrict the type or 07 class of vehicles that the person may drive. If the licensee refuses or neglects to 08 submit to examination, the department may suspend the driver's license until the 09 licensee complies with the requirements of re-examination. In this subsection, 10 (1) "examination" includes a physical examination, visual 11 examination, or a test of the driver's ability to exercise ordinary and reasonable 12 control in driving a motor vehicle; 13 (2) "good cause" includes accident record, criminal convictions, 14 and observable physical condition of the driver. 15 * Sec. 6. AS 28.15.091 is amended by adding a new subsection to read: 16 (b) The department shall reexamine a licensed driver if the department 17 receives written notice from a physician or a peace officer that the driver is 18 incompetent to drive a motor vehicle or otherwise not qualified to be licensed. 19 * Sec. 7. AS 28.15.101 is amended by adding a new subsection to read: 20 (d) A driver's license issued to a person who is 78 years of age or older 21 (1) expires on the licensee's second birthday following issuance of the 22 license; and 23 (2) may not be issued unless the applicant meets the requirements 24 imposed under (c) of this section and AS 28.15.181, including a demonstration of the 25 applicant's ability to exercise ordinary and reasonable control in driving a motor 26 vehicle of the type and general class for which the applicant seeks a license.