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Re: California Drivers

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BDN, low vision driving driver, drive, BiOptic, albinism, albino, macular disease, nystagmus, cataracts, corneal diseases, macular degeneration, diabetic retinopathy, archived by, BIOPTIC DRIVING NETWORK

Posted by Dr Dennis Kelleher on October 15, 1998 at 02:32:12 AM EDT:

In Reply to: California Drivers posted by Phil A. Goldman on October 10, 1998 at 03:28:07 PM EDT:

My understanding is that ALL BiOptic drivers in California received the same letter due to a policy change in DMV in 1992 which none of us knew about. The policy is suddenly being "enforced" without offering any of us due process. Prior to restricting, suspending or revoking a license, the driver is to be offered the opportunity for a hearing. I wasn't offered one. I MUST drive for my employment so I plan to fight this within the department and if not succesful I plan to fight in court. I have driven 23 years without a citation or accident at night. I passed a driving test at night in 1975. I too see better at night. This act is irrational to apply some blanket policy to all drivers within a group. Though BiOptic drivers have a higher accident rate than the normally sighted population, we have a lower accident rate than other disabled driver sub groups such as the orthopedically impaired yet they are not being restricted from night driving. I believe DMV's action is in violation of the Americans with Disabilities Act. Several Califoria BiOptic drivers are interested in joining a class action against DMV. I sent you an EMAIL. Call me if you wnat to join us.
Dennis

BDN, low vision driving driver, drive, BiOptic, albinism, albino, macular disease, nystagmus, cataracts, corneal diseases, macular degeneration, diabetic retinopathy, archived by, BIOPTIC DRIVING NETWORK

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Subject:

Comments:
: My understanding is that ALL BiOptic drivers in California received the same letter due to a policy change in DMV in 1992 which none of us knew about. The policy is suddenly being "enforced" without offering any of us due process. Prior to restricting, suspending or revoking a license, the driver is to be offered the opportunity for a hearing. I wasn't offered one. I MUST drive for my employment so I plan to fight this within the department and if not succesful I plan to fight in court. I have driven 23 years without a citation or accident at night. I passed a driving test at night in 1975. I too see better at night. This act is irrational to apply some blanket policy to all drivers within a group. Though BiOptic drivers have a higher accident rate than the normally sighted population, we have a lower accident rate than other disabled driver sub groups such as the orthopedically impaired yet they are not being restricted from night driving. I believe DMV's action is in violation of the Americans with Disabilities Act. Several Califoria BiOptic drivers are interested in joining a class action against DMV. I sent you an EMAIL. Call me if you wnat to join us. : Dennis

BDN, low vision driving driver, drive, BiOptic, albinism, albino, macular disease, nystagmus, cataracts, corneal diseases, macular degeneration, diabetic retinopathy, archived by, BIOPTIC DRIVING NETWORK

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