Text: HF00084 Text: HF00086 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.186, Code 1997, is amended to read 1 2 as follows: 1 3 321.186 EXAMINATION OFNEW OR INCOMPETENTCERTAIN 1 4 OPERATORS. 1 5 The department shall examine every person who, while 1 6 operating a motor vehicle, caused a traffic accident in which 1 7 a fatality occurred and may examine every new applicant for a 1 8 motor vehicle license or any person holding a valid motor 1 9 vehicle license when the department has reason to believe that 1 10 the person may be physically or mentally incompetent to 1 11 operate a motor vehicle, or whose driving record appears to 1 12 the department to justify the examination. The examinations 1 13 shall be held in every county within periods not to exceed 1 14 fifteen days except that the driving skills test for a 1 15 commercial driver's license shall be given only at locations 1 16 where required driving skills may be adequately tested, 1 17 including pretrip and off-road examinations. The department 1 18 shall make every effort to accommodate a functionally 1 19 illiterate operator or applicant when the operator or 1 20 applicant is taking a knowledge test. The department shall 1 21 make every effort to have an examiner conduct the commercial 1 22 driver's license driving skills tests at other locations in 1 23 this state where skills may be adequately tested when 1 24 requested by a person representing ten or more drivers 1 25 requiring driving skills testing. 1 26 The department shall make every effort to accommodate a 1 27 commercial driver's license operator's or applicant's need to 1 28 arrange an appointment for a driving skills test at an 1 29 established test site other than where the operator or 1 30 applicant passed the required knowledge test. The department 1 31 shall report to the governor and the general assembly on any 1 32 problems, extraordinary costs and recommendations regarding 1 33 the appointment scheduling process. 1 34 The examination shall include a screening of the operator's 1 35 or applicant's eyesight, a test of the operator's or 2 1 applicant's ability to read and understand highway signs 2 2 regulating, warning, and directing traffic, a test of the 2 3 operator's or applicant's knowledge of the traffic laws of 2 4 this state, an actual demonstration of ability to exercise 2 5 ordinary and reasonable control in the operation of a motor 2 6 vehicle and other physical and mental examinations as the 2 7 department finds necessary to determine the operator's or 2 8 applicant's fitness to operate a motor vehicle safely upon the 2 9 highways. However, an applicant for a new motor vehicle 2 10 license other than a commercial driver's license need not pass 2 11 a vision test administered by the department if the applicant 2 12 files with the department a vision report in accordance with 2 13 section 321.186A which shows that the applicant's visual 2 14 acuity level meets or exceeds those required by the 2 15 department. 2 16 A physician licensed under chapter 148, 150, or 150A, may 2 17 report to the department the identity of a person who has been 2 18 diagnosed as having a physical or mental condition which would 2 19 render the person physically or mentally incompetent to 2 20 operate a motor vehicle in a safe manner. The physician shall 2 21 make reasonable efforts to notify the person who is the 2 22 subject of the report, in writing. The written notification 2 23 shall state the nature of the disclosure and the reason for 2 24 the disclosure. A physician making a report under this 2 25 section shall be immune from any liability, civil or criminal, 2 26 which might otherwise be incurred or imposed as a result of 2 27 the report. A physician has no duty to make a report or to 2 28 warn third parties with regard to any knowledge concerning a 2 29 person's mental or physical competency to operate a motor 2 30 vehicle in a safe manner. Any report received by the 2 31 department from a physician under this section shall be kept 2 32 confidential. Information regulated by chapter 141 shall be 2 33 subject to the provisions of sections 141.23 and 141.24. 2 34 Sec. 2. NEW SECTION. 321.186B SUSPENSION OF LICENSE – 2 35 EXAMINATION OF CERTAIN DRIVERS. 3 1 A person who, while operating a motor vehicle, causes a 3 2 traffic accident in which a fatality occurs shall be subject 3 3 to suspension of the person's operator's license under section 3 4 321.210 unless the person takes and passes an operator's 3 5 examination administered under section 321.186. 3 6 Sec. 3. Section 321.210, subsection 1, Code 1997, is 3 7 amended by adding the following new paragraph: 3 8 NEW PARAGRAPH. h. Caused a traffic accident, while 3 9 operating a motor vehicle, in which a fatality occurred, and 3 10 who has not passed an operator's examination administered 3 11 under section 321.186. 3 12 EXPLANATION 3 13 This bill provides that the driver of a motor vehicle who 3 14 causes a traffic accident in which a fatality occurs shall 3 15 take and pass a driver's examination administered by the 3 16 department of transportation. A person who fails to do so 3 17 shall have the person's operator's license suspended by the 3 18 department. 3 19 LSB 1452HH 77 3 20 mk/jw/5
Text: HF00084 Text: HF00086 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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