Re: The full text of Haydon's bill.
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Posted by Sharlene Frazier on February 26, 1999 at 11:26:06 AM EST:
In Reply to: The full text of Haydon's bill. posted
by Mike Williams on February 24, 1999 at 04:07:59 PM EST:
Okay, let me make sure I understand this: According to the parts of this bill relevant to us (I left it on here for reference), if you can't see 20/200 in your better eye without the BiOptic or other correction, then you will not be granted a license. (?) Sharlene : For anyone who is interested, here is the complete text of senator Haydon's bill. : SB 335 Driver's license: age. : BILL NUMBER: SB 335 INTRODUCED 02/09/99 : BILL TEXT : : : INTRODUCED BY Senator Hayden : : FEBRUARY 9, 1999 : : An act to amend Sections 12805 and 12814 of, and to add : Section 12814.1 to, the Vehicle Code, relating to vehicles. : : LEGISLATIVE COUNSEL'S DIGEST : : SB 335, as introduced, Hayden. Driver's license: age. : (1) Under existing law, the Department of Motor Vehicles is : prohibited from issuing to or renewing a driver's license of, : certain listed persons. : This bill would include in that listing persons whose best : corrected visual acuity is 20/200 or worse in that person's : better eye. The bill would prohibit a person from using a : BiOptic telescopic or similar lens to meet the visual acuity : standards. : (2) Existing law allows the department to require an : examination deemed by the department to be appropriate of an : applicant for renewal of a driver's license based on records of : accidents and convictions of that applicant or based on evidence : of the applicant's condition, and specifies that the age of an : applicant-licensee, by itself, does not constitute evidence of a : condition requiring an examination of the applicant's driving : ability. : Existing law also prohibits the department from granting a : driver's license to a person who is 70 years of age or older on : the basis of a renewal by mail. : This bill would, additionally, require a person who is 75 : years of age or older to complete and pass the eyesight test and : written test, and demonstrate the person's ability to operate a : motor vehicle in order to be granted a renewal. The bill would : also limit the terms of a license issued to persons 75 years of : age or older to terms ranging from 4 years to one year, based : on the age of the applicant. : Vote: majority. Appropriation: no. Fiscal committee: : yes. State-mandated local program: no. : : : : : : : SECTION 1. The Legislature finds and declares the following: : : (a) Currently, there is no minimum vision requirement to : operate a motor vehicle in this state, creating a significant : weakness in the state's efforts to ensure maximum safety on the : roads, and there is no mandatory driving test requirement for : persons over 70 years of age. : (b) Studies indicate that the aging process causes medical : problems, including worsened vision and slowed reaction time, : which affect the ability to drive. Some studies indicate that : senior drivers are involved in a disproportionate number of : fatal collisions in California. : (c) The Legislature declares its intent to determine a just : and reasonable balance of public safety concerns with protection : of seniors against discrimination based on age. : SEC. 2. Section 12805 of the Vehicle Code is amended to read: : : 12805. The department shall not issue a driver's license to, : or renew a driver's license of, any person: : (a) Who is not of legal age to receive a driver's license. : : (b) {+ Whose best corrected visual acuity is 20/200 or worse : in that person's better eye. No person may use a BiOptic : telescopic or similar lens to meet the visual acuity standards. : : (c) +} Who is unable, as shown by examination, to understand : traffic signs or signals or who does not have a reasonable : knowledge of the provisions of this code governing the : operations of vehicles upon the highways. {- : (c) -} {+ : (d) +} When it is determined, by examination or other : evidence, that the person is unable to safely operate a motor : vehicle upon a highway. {- : (d) -} {+ : (e) +} Who is unable to read and understand simple English : used in highway traffic and directional signs. This subdivision : does not apply to any person holding an operator's or chauffeur' : s license issued by this state and valid on September 11, 1957. : {- : (e) -} {+ : (f) +} Who holds a valid driver's license issued by a foreign : jurisdiction unless the license has been surrendered to the : department, or is lost or destroyed. {- : (f) -} {+ : (g) +} Who has ever held, or is the holder of, a license to : drive issued by another state, territory, or possession of the : United States, the District of Columbia, or the Commonwealth of : Puerto Rico, and that license has been suspended by reason, in : whole or in part, of a conviction of a traffic violation until : the suspension period has terminated, except that the department : may issue a license to the applicant if, in the opinion of the : department, it will be safe to issue a license to a person whose : license to drive was suspended by a state {- which -} {+ that : +} is not a party to the Driver License Compact provided for in : Chapter 6 (commencing with Section 15000) of Division 6. {- : (g) -} {+ : (h) +} Who has ever held, or is the holder of, a license to : drive issued by another state, territory, or possession of the : United States, the District of Columbia or the Commonwealth of : Puerto Rico, and that license has been revoked by reason, in : whole or in part, of a conviction of a traffic violation, until : the revocation has been terminated or after the expiration of : one year from the date the license was revoked, whichever occurs : first, except that the department may issue a license to the : applicant if, in the opinion of the department, it will be safe : to issue a license to a person whose license to drive was : revoked by a state {- which -} {+ that +} is not a party to the : Driver License Compact provided for in Chapter 6 (commencing : with Section 15000) of Division 6. : SEC. 3. Section 12814 of the Vehicle Code is amended to read: : : 12814. (a) Application for renewal of a license shall be : made at an office of the Department of Motor Vehicles by the : person to whom the license was issued. The department {- may -} : {+ , +} in its discretion {+ , may +} require an examination of : the applicant as upon an original application, or an : examination deemed by {- the -} the department to be appropriate : considering the licensee's record of convictions and accidents, : or an examination deemed by the department to be appropriate in : relation to evidence of a condition {- which -} {+ that +} may : affect the ability of the applicant to safely operate a motor : vehicle. {- The -} {+ Except as provided in Section 12814.1, : the +} age of a licensee, by itself, shall not constitute : evidence of a condition requiring an examination of the driving : ability. If the department finds any {- such -} evidence {+ of : a condition requiring an examination +} , the department shall : disclose the evidence to the applicant or licensee. In the : event {- such -} {+ that +} person is absent from the state at : the time the license expires, the Director of Motor Vehicles may : extend the license for a period of one year from the expiration : date of the license. : (b) Renewal of a driver's license shall be under terms and : conditions prescribed by the department. : (c) The department may adopt and administer {- such -} : regulations {- as shall be deemed -} {+ it deems +} necessary : for the public safety in the implementation of a program of : selective testing of applicants, and, with reference to this : section, the department may waive tests for purposes of : evaluation of selective testing procedures. : SEC. 4. Section 12814.1 is added to the Vehicle Code, to : read: : 12814.1. (a) Notwithstanding any other provision of law, the : following apply to renewal of licenses: : (1) If a person is 75 years of age but less than 80 years of : age at the time his or her current license expires, that person' : s renewal shall be granted for a four-year period. : (2) If a person is 80 years of age but less than 86 years of : age at the time his or her current license expires, that person' : s renewal shall be granted for a three-year period. : (3) If a person is 86 years of age but less than 90 years of : age at the time his or her current license expires, that person' : s renewal shall be granted for a two-year period. : (4) If a person is 90 years of age or older at the time his : or her current license expires, that person's renewal shall be : granted for a one-year period. : (b) Prior to granting the renewal of a license to a person : described in this section, that person shall complete and pass : the eyesight test and written test, and demonstrate an ability : to operate a motor vehicle, as those tests and demonstrations : are described in Section 12804.9, in order to be issued a : renewal of a license. :
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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
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