PRINTER'S NO. 135
No. 124 Session of 1989
INTRODUCED BY LESCOVITZ, CAWLEY, TRELLO, DALEY, COY, COLAIZZO AND VEON, JANUARY 25, 1989
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 25, 1989
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for ineligibility for licensing, 3 for reports on mental or physical disabilities and for 4 determination of incompetency. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Sections 1503(a), 1518 and 1519(a) of Title 75 of 8 the Pennsylvania Consolidated Statutes are amended to read: 9 § 1503. Persons ineligible for licensing. 10 (a) General rule.--The department shall not issue any 11 driver's license to, or renew the driver's license of, any 12 person: 13 (1) Whose operating privilege is suspended or revoked in 14 this or any other state except as otherwise provided in this 15 title. 16 (2) Whose operating privilege is suspended or revoked in 17 any other state upon grounds which would authorize the 18 suspension or revocation of the operating privilege under
1 this title. 2 (3) Who is a user of alcohol or any controlled substance 3 to a degree rendering the user incapable of safely driving a 4 motor vehicle. This paragraph does not apply to any person 5 who is enrolled or otherwise participating in a methadone or 6 other controlled substance treatment program approved by the 7 Governor's Council on Drug and Alcohol Abuse provided that 8 the person is certified to be competent to drive by a 9 physician designated by the Governor's Council on Drug and 10 Alcohol Abuse. 11 (4) Who has been adjudged to be afflicted with or 12 suffering from any mental disability or disease and who has 13 not at the time of application been restored to competency by 14 the methods provided by law. 15 [(5) Whose name has been submitted under the provisions 16 of section 1518 (relating to reports on mental or physical 17 disabilities or disorders). 18 (6)] (5) Who is required by the department to take an 19 examination until the person has successfully passed the 20 examination. 21 [(7)] (6) Who is under 18 years of age except in 22 accordance with subsections (b) and (c). 23 [(8)] (7) Who has repeatedly violated any of the 24 provisions of this chapter. The department shall provide an 25 opportunity for a hearing upon invoking this paragraph. 26 * * * 27 § 1518. Reports on mental or physical disabilities or 28 disorders. 29 (a) Definition of disorders and disabilities.--The Medical 30 Advisory Board shall define disorders characterized by lapses of 19890H0124B0135 - 2 -
1 consciousness or other mental or physical disabilities affecting 2 the ability of a person to drive safely for the purpose of the 3 reports required by this section. 4 (b) [Reports by medical personnel.--All physicians and other 5 persons authorized to diagnose or treat disorders and 6 disabilities defined by the Medical Advisory Board shall report 7 to the department, in writing, the full name, date of birth and 8 address of every person over 15 years of age diagnosed as having 9 any specified disorder or disability within ten days.] Reports 10 of disorders and disabilities.--All medical personnel, which for 11 the purposes of this section shall mean physicians and other 12 persons authorized to diagnose or treat disorders and 13 disabilities described in subsection (a), shall inform any 14 patient over 15 years of age on whom the diagnosis has been made 15 by the medical personnel of the obligation to report the initial 16 diagnosis to the department within 15 days and shall prepare, 17 sign and mail to the department the report which shall be signed 18 by the patient on a form prescribed by the department. The 19 patient's signature shall constitute consent to the release of 20 the information contained in the report. If the patient refuses 21 to sign the report, the medical personnel shall be under no 22 obligation to initiate a report to the department, but in the 23 exercise of sound medical judgment, based on the likelihood of 24 the patient's potential inability to drive safely, may initiate 25 or refrain from initiating a report to the department. 26 (c) [Responsibility of institution heads.--The person in 27 charge of every mental hospital, institution or clinic, or any 28 alcohol or drug treatment facility, shall be responsible to 29 assure that reports are filed in accordance with subsection 30 (b).] Medical confirmation of reports.--The department upon 19890H0124B0135 - 3 -
1 receipt of a report required by subsection (b) may require from 2 the reporter or other medical personnel additional information 3 confirming onset of the condition, the diagnosis, any medication 4 which may have been prescribed for the condition and the 5 prognosis. The medical personnel shall forward the information 6 to the department. The department may prescribe a form for 7 obtaining additional medical information. 8 (d) Confidentiality of reports.--The reports required by 9 this section shall be confidential and shall be used solely for 10 the purpose of determining the qualifications of any person to 11 drive a motor vehicle on the highways of this Commonwealth. 12 (e) Use of report or information as evidence.--No report or 13 information forwarded under the provisions of this section shall 14 be used as evidence in any civil or criminal trial except in any 15 proceeding under section 1519(c) (relating to determination of 16 incompetency). 17 (f) Immunity from civil and criminal liability.--No civil or 18 criminal action may be brought against any person or agency 19 [for]: 20 (1) For providing the information required or permitted 21 to be reported under this system. 22 (2) For not providing the information permitted, but not 23 required to be reported under this system. 24 § 1519. Determination of incompetency. 25 (a) General rule.--The department, having cause, including 26 reports submitted under section 1518 (relating to reports on 27 mental or physical disabilities or disorders), to believe that a 28 licensed driver or applicant may not be physically or mentally 29 qualified to be licensed, may obtain the advice of a physician 30 who shall cause an examination to be made or who shall designate 19890H0124B0135 - 4 -
1 any other qualified physician. The licensed driver or applicant 2 may cause a written report to be forwarded to the department by 3 a physician of the driver's or applicant's choice. Vision 4 qualifications shall be determined by an optometrist or 5 ophthalmologist. The department shall appoint one or more 6 qualified persons who shall consider all medical reports and 7 testimony and determine the competency of the driver or the 8 applicant to drive. 9 * * * 10 Section 2. This act shall take effect in 60 days. L19L75JRW/19890H0124B0135 - 5 -