2 AAC 90.440 - Medical standards
(a) The department will not issue a driver's
license to a person who has had an uncontrolled seizure or an episode of loss
of conscious control as a result of a medical condition. A person who has a
driver's license and who has had an uncontrolled seizure or an episode of loss
of conscious control as a result of a medical condition must surrender that
person's driver's license to the department. The department may grant a new
driver's license or reissue a license to a person who has had a seizure or an
episode of loss of conscious control after receiving a statement from a
physician licensed to practice medicine. The physician must state, in writing,
that the
(1) physician is aware of the
circumstances that led to the cancellation or denial of the applicant's
driver's license; and
(2) applicant
(A) has been seizure or episode-free for six
months;
(B) has the condition under
control; and
(C) can safely operate
a motor vehicle.
(b) The department will not issue a driver's
license to a person with a condition that may result in a seizure or loss of
conscious control, including traumatic brain injury, cerebral strokes,
neurological, cardiovascular and hypertension disorders, unless a physician
licensed to practice medicine states, in writing to the department, that the
applicant or licensee has the condition under control and can safely operate a
motor vehicle. The department will not issue a commercial driver's license to a
person with a disqualifying medical condition under 49 C.F.R. Part 391, Subpart
E (physical qualifications and examinations), revised as of October 1, 2013 and
adopted by reference.
(c) The
department will not issue a driver's license to a person with emotional or
mental disorders, unless a licensed physician, psychologist, or psychiatrist
states, in writing to the department, that the applicant or licensee has the
condition under control and can safely operate a motor vehicle.
(d) The department will not issue a Class D
driver's license to a person with a progressive disease or condition that
diminishes the person's cognitive or physical abilities, unless a licensed
physician or neurologist states, in writing to the department, that the
applicant or licensee has the condition under control and can safely operate a
motor vehicle. The department may limit the hours of driving or require special
vehicle restrictions before the license will be issued. The department will not
issue a commercial driver's license to a person with a disqualifying
progressive disease or condition under 49 C.F.R. Part 391, Subpart E (physical
qualifications and examinations), adopted by reference in (b) of this
section.
(e) The department may
require a semi-annual neurological or physical examination to ensure that a
licensee's physical or mental condition remains under control.
(f) An applicant for a driver's license must
meet the following visual standards:
(1) a
person with vision of 20/40 or better in each eye or both eyes together will
receive a driver's license without restrictions in regard to corrective lenses,
unless a medical or other problem affecting that person's vision
exists;
(2) a person with vision of
20/40 or better in each eye or both eyes together only with use of corrective
lenses will be restricted to driving with corrective lenses;
(3) a person who, with the best possible
corrections in both eyes together, has vision of at least 20/50 but no worse
than 20/100 will be required to be examined by an optometrist or other eye
specialist; if the report states that the person's vision cannot be improved,
all data will be reviewed by the department; after the review, the department
may issue a Class D license with restrictions that include driving limitations
as to time of day, type of vehicle, specific area, speed, and other limitations
considered necessary by the department; the department will only issue a
commercial driver's license to a person whose best possible corrections in both
eyes together is 20/40 or better;
(4) the department will only issue a driver's
license to a person whose best possible corrections in both eyes together is
20/100 or better;
(5) a person with
monocular vision may be issued a Class D license if the vision in the good eye
meets the standards of the department; the department may impose restrictions
requiring outside rearview mirrors, one mounted on each side of the vehicle, on
persons with monocular vision; the department will not issue a commercial
driver's license to a person with monocular vision, except that the department
will issue an intrastate commercial driver's license to a person with monocular
vision who
(A) meets the driver's licensing
standards set out in AS 28.33 and this chapter; and
(B) possesses an approved medical waiver
issued to that person in accordance with the provisions of
17 AAC 25.210(a)(5);
(6) a person with color blindness will not be
denied a Class D license for that reason; the department will not issue a
commercial driver's license to a person unable to meet the color vision
standards under 49 C.F.R.
391.41, adopted by reference in (b) of this
section, unless the person provides a valid medical card with a vision waiver
issued by the Department of Transportation and Public Facilities; a person
presenting a vision waiver will be restricted to an intrastate license;
(7) a person wearing telescopic or
compound lenses whose field of vision is less than 60 percent will not be
issued a Class D license, unless the person is able to meet the requirements
for visual acuity without the aid of the lenses; if the person's field of
vision is between 60 percent and 90 percent, the department may require outside
rearview mirrors; the department will not issue a commercial driver's license
to a person wearing telescopic or compound lenses whose field of vision is less
than 70 percent;
(8) a person with
a progressive eye disease or condition, such as cataract, glaucoma, iritis,
nystagmus, or other disease affecting vision or visual fields, will not be
issued a Class D driver's license, unless a licensed physician states, in
writing to the department, that the condition will not affect the person's
ability to drive safely; if licensed, future periodic vision reports must be
submitted to the department by the person's physician until the condition is
cured or stabilized; the department will not issue a commercial driver's
license to a person with a progressive eye disease or condition;
(9) the department will require annual visual
examination of a person with a progressive eye disease or condition to ensure
that the licensee's vision meets the standards set out in this
section.
(g) A person
who is deaf, or wears hearing aids, will not be denied a driver's license for
that reason. However, the department may issue that person a driver's license
with a restriction requiring outside rearview mirrors, one mounted on each side
of the vehicle. The department will not issue a commercial driver's license to
a person who is unable to meet the hearing standards under 49 C.F.R. Part 391,
Subpart E (physical qualifications and examinations), adopted by reference in
(b) of this section.
(h) Except as
provided in this subsection, the department will not issue a driver's license
to a habitual user of alcohol. The department may issue a driver's license to a
habitual user of alcohol under the following conditions:
(1) the department may grant a new driver's
license or reissue a license to a person who has been identified as a habitual
user of alcohol, as defined in (j) of this section, with the restriction that
the person may not operate a motor vehicle after consuming any quantity of
alcohol; the department may issue the restricted license if
(A) verification is received that the person
has the drinking problem under control; verification of control of the drinking
problem may be provided by a physician licensed to practice medicine or proof
of completion of a state approved alcohol rehabilitative treatment program that
meets the criteria established by
AS
28.35.028;
(B) the person agrees, in writing,
(i) not to operate a motor vehicle after
consuming any quantity of alcohol until the alcohol has been completely
eliminated from the person's body;
(ii) to submit to breath testing if a peace
officer has reasonable suspicion to believe that the person is violating the
restriction imposed on the license; and
(iii) that refusing to submit to breath
testing will result in the cancellation of the license;
(2) the department may cancel the
person's driver's license upon receiving a report from a law enforcement agency
of an offense of the limitation; if a license issued under this subsection is
cancelled, the person will be eligible for a reevaluation after one year to
determine if the person's driving privileges may be restored.
(i) Except as provided in this
subsection, the department will not issue a driver's license to a person who is
a habitual user of drugs to a degree that renders the person incapable of
safely driving a motor vehicle. The department may issue a driver's license to
a habitual user of drugs under the following conditions:
(1) the department may grant a new driver's
license or reissue a license to a person who has been identified as a habitual
user of drugs, as defined in (j) of this section, with the restriction that the
person may not operate a motor vehicle after consuming any quantity of
controlled substances; the department may issue the restricted license if
(A) verification is received that the person
has the drug abuse problem under control; verification of control of the
substance abuse problem may be provided by a physician licensed to practice
medicine or proof of completion of a state approved drug rehabilitative
treatment program that meets the criteria established by
AS
28.35.028;
(B) the person agrees, in writing,
(i) not to operate a motor vehicle after
consuming any quantity of controlled substance until the controlled substance
has been completely eliminated from the person's body;
(ii) to submit to urine testing if a peace
officer has reasonable suspicion to believe that the person is violating the
restriction imposed on the license; and
(iii) that refusing to submit to urine
testing will result in the cancellation of the license;
(2) the department may cancel the
person's driver's license upon receiving a report from a law enforcement agency
of an offense of the limitation; if a license issued under this subsection is
cancelled, the person will be eligible for a reevaluation after one year to
determine if the person's driving privileges may be restored.
(j) In this section, "habitual
user" is a person with three or more alcohol or drug related convictions under
AS
28.15.181(a)(1), (5), or
(8),
AS
28.33.030 or
AS
28.33.031 within a five-year
period.
Notes
Authority:AS 28.05.011
AS 28.15.031
AS 28.15.081
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