Department of Public Safety Policies and Procedures for Determining Incompetent and

Department of Public Safety Policies and Procedures for Determining Incompetent and Medically Unsafe Drivers 1. Method of Notification: a. Any citizen who has knowledge of improper or inadequate driving skills may notify the Driver Improvement Branch in writing. This notification must be signed, or b. Notification may be by a physician attesting to the physical or mental incompetence of an individual to safely operate a motor vehicle, or c. Any accident report filed with the department that includes a notation by the investigating officer that a driver needs to be re-examined will be provided to the Driver Improvement Hearing Officer. Notifications from the public or physician are confidential and are not subject to inspection under the Public Records Law. 2. Scheduling of Hearings: a. The Driver Improvement Hearing Officer will schedule retesting within thirty (30) days with the district’s Master Sergeant and notify the driver of the time and location. If the individual fails to appear after the second notice, this will result in an indefinite suspension of driving privileges. The individual will then be required to request in writing to the Driver Services Hearing Board for a retest. The Hearing Board will schedule a retest at the earliest possible date. b. The Driver Services Hearing Board will, upon written notification stating specific medical reasons from a medical doctor or an ophthalmologist attesting to the fact that a patient of his/her has a medical condition that in his/her opinion renders him/her incapable of operating a motor vehicle in a safe manner, immediately suspend the driving privileges temporarily pending a medical evaluation and/or departmental hearing. The Driver Services Hearing Board will review the case and schedule a hearing within ten (10) working days of the date that the medical form is received from the individual or from the Medical Review Board if a medical review is required. The Driver Services Hearing Board will notify the individual of the suspension and enclose a medical form that is to be completed by a medical doctor or ophthalmologist. c. The Driver Services Hearing Board is appointed by the Director of the Driver Services Bureau. The following will serve on the Hearing Board: Assistant Director, Driver Services Bureau, Director of the Driver Improvement Branch, and a Driver Improvement Hearing Officer. The Director of the Driver Services Bureau may appoint other members as he deems necessary. d. The findings of the Medical Review Board will be reviewed by the Driver Services Hearing Board to determine if a further re-examination is required and if so, a retest will be scheduled. If no further examination is necessary, the driving privileges will remain suspended indefinitely until a medical clearance is obtained. e. It is department policy that an individual be seizure free for six (6) months before obtaining a license. If an individual’s driving privilege has been suspended because of a seizure, then the individual must also be seizure free for six (6) months before his/her driving privilege can be reinstated. f. When the Driver Services Board upholds the suspension of a license for medical reasons, the applicant must wait sixty (60) days from the date of the decision before applying for another review. Request for subsequent review must be in writing. 3. Retesting Requirements : a. All applicants requiring retesting will be done by the district Master Sergeant. b. Retesting will include the eye test, written test (as defined in Miss. Code Ann. § 63-1-33), and the road test. c. If the department requires that an individual be re-examined, he/she may present the letter advising of the re-examination at any driver license station and obtain a driver’s handbook at no charge. d. Individuals determined to be incompetent to operate a motor vehicle are not entitled to any refund of driver license fees. e. A reinstatement fee is not required for anyone suspended for incompetence. f. The use of telescopic lens for driving is only in accordance with state law. 4. Case Review and Appeal Process: a. Any person found to be medically unsafe to operate a motor vehicle may request in writing to the Driver Services Hearing Board to have their case for reinstatement reviewed. The Driver Services Hearing Board will determine whether a hearing is warranted or additional information is needed. The applicant must furnish proof that a change in their medical abilities warrants a review of their case. If a hearing is granted, the board can reinstate, refer to the Medical Review Board, or disapprove the request for reinstatement. b. Any person whose driver license has been suspended for medical or incompetent reasons may appeal the suspension to the Commissioner of Public Safety, or authorized designee, whose decision shall be final. Driver License Restrictions Physically Disabled Drivers Restriction 1 Corrective Lenses. See Vision Chart. Restriction 3 Outside rear view mirror. (Hard of Hearing or blind in one (1) eye). Restriction 5 Automatic Transmission. (Insufficient strength to depress clutch. Body or limbs shaky or wobbly). Restriction A Daylight driving. See vision chart. Restriction B Custom equipment, i.e., full hand equipment; special brake and clutch equipment. (Either foot missing or not functioning; stiff joint and strength to make required stops; statue too small to see over steering wheel, cushion or other equipment may be required). Restriction C 45 M.P.H. See vision chart. Restriction D Reexamine before renewal. See vision chart. 5. Standards for Vision: a. In examining drivers for licenses, every test which we give should aim at two very simple things: i. Require every applicant to do all he reasonably can to qualify as a safe driver. ii. After that, keep off the road any applicant who is not a reasonably safe driver. b. This means that we must consider two different scores when we check eyes. The first score, so high that all who make it may be considered quite safe (insofar as eyes are concerned) and second, so low that the drivers who cannot make it may be considered quite dangerous and should, for their own protection, be kept from driving. This leaves a middle group who can make the lower score, but not the higher one, and who should be permitted to drive only after they have seen a vision specialist to have their sight improved as much as possible. c. Thus, if a driver can see sharply enough without lenses to score 20/40 on the eye test with each eye separately, probably a better score would not mean any better driver, so he/she should be passed without restriction even if he/she has lenses. (They may be comfort in reading but no special help in driving.) Of course, if a driver has to wear lenses to score 20/40 with both eyes he/she should be restricted to wearing corrective lenses while driving. d. Now, if a driver cannot score 20/40 with both eyes, and has no lenses, we simply reject him/her until he/she has tried to have his/her sight improved by a vision specialist. If he/she will not cooperate by doing this, he/she should not be granted the privilege of using the highways. e. When a driver has lenses (or has a written statement from a reputable specialist that lenses will not help him) he/she has done about all he/she can do to improve his/her sight, he/she should not then, be denied a license unless he/she is badly off that he/she scores worse than 20/70. f. People who cannot read better than 20/200 or who cannot see at all out of one (1) eye, should be required to score a little better than the others because they must judge distance by size and sharpness rather than by the use of both eyes together (binocular or stereoscopic vision). Therefore, to pass without restriction, the one (1) good eye should be able to score 20/30 or better. Worse vision in one (1) eye should be referred to a vision specialist. 20/200 or worse in an eye will be considered blind insofar as driving is concerned. g. In such cases where the applicant is unable to meet standard requirements, the examiner, supervisor, or the Director of Driver Services will evaluate the circumstances of each individual case such as their driving ability and the necessity for driving and act according to the merits of each case. He/she should be certain to place the restrictions necessary to keep the applicant within a reasonable degree of safety at all times. h. Some applicants may have lenses which make them see more accurately in one or both eyes. They should be passed (restricted to wearing corrective lenses and 45 mph.) If they score 20/70 or better with both eyes, or the best eye alone. i. A driver may be passed without restriction on a score of 20/50, and yet another driver may be restricted to corrective lenses if he/she scores 20/50 with both eyes when he/she does not have them on. This is the situation when the first applicant has lenses, whereas the second applicant has eye defects which cannot be corrected. In both cases, the person has done all he/she can do to improve his/her safety insofar as sight is concerned. Of course, the applicant with lenses would be required to wear them while driving, but there is no restriction which will improve the safety of the other. j. Referrals should be to a vision specialist who is licensed to practice in this state, or a military vision specialist. k. Nobody needs to be failed because of color blindness. Color blindness apparently does not prevent people from driving safely, and if one is color blind, there is no practical way he/she can improve. Yet, it is probably helpful for the driver to know he/she is color blind so that he/she may take precautions at times when signal lights are involved in his/her driving. 6. Defects and Explanations: a. Defects of focusing: (Either eye may be affected by itself). Affects acuity of vision and ability to read signs at a distance. i. Myopia (Nearsightedness): Objects can be seen sharply close up. Image is focused in front of retina. ii. Hyperopia (Farsightedness): Objects at a distance seen sharply. Image focused on back of the retina. iii. Astigmatism: Objects or lines in one meridian focus sharply, but lines at right angles focus before or behind the retina. (For example: horizontal lines seem sharp and vertical lines seem fuzzy). iv. Presbyopia (Lack of accommodation): Inability to adjust to seeing up close or far away. Inability to change focus. Usually in older people. b. Defects in lenses: (Either eye affected alone). Affects acuity of vision. i. Cataract: Lens become opaque due to growth over a milkiness in lens. Usually grows progressively worse. Driver should be re-examined periodically. ii. Traumatic condition: (Injury by accident). May be accident to lens or eyeball. Usually results in blindness, but may only give general blur. Scar or scar tissue apparent sometimes. iii. Glaucoma: Disease of eye characterized by increase in intra ocular pressure; may result in blindness. (Driver should be re-examined periodically).