Cal. Code Regs. Tit. 13, § 110.01 - Factors Considered in Lapse of Consciousness Determinations

The department may suspend or revoke the driving privilege of any individual that the department determines has a disorder characterized by lapses of consciousness or episodes of marked confusion, as defined in Title 17, Division 1, Chapter 4, Sections 2800 through 2808 of the California Code of Regulations, which affects the individual's ability to drive safely and/or to have reasonable control of a motor vehicle. In making this determination, the department may consider:

(a) The effect(s) of the disorder on the physical and mental abilities necessary to drive safely and to exercise reasonable control of a motor vehicle.

(b) The individual's testimony regarding the disorder and his/her ability to drive safely.

(c) Testimony from other individuals who have knowledge of the individual's disorder and his/her ability to drive safely.

(d) Whether the disorder is under control with or without medication.

(e) The individual's reliability regarding compliance with any prescribed medical regimen.

(f) Other medical conditions which may affect the lapse of consciousness disorder.

(g) The individual's driving record.

(h) Any other relevant evidence and/or factors which may affect the individual's ability to drive safely.

(i) A current medical evaluation of the individual provided by the individual's physician, as authorized by the individual, which provides information regarding:

(1) The diagnosis of the disorder.

(2) The date of onset of the disorder.

(3) The date of the last episode and the frequency of episodes.

(4) The stability of the condition.

(5) Any manifestations or impairments associated with the condition.

(6) The medical regimen prescribed and patient compliance with the prescribed regimen.

(5) The physician's prognosis.

Notes

Cal. Code Regs. Tit. 13, § 110.01

1. New section filed 8-9-94; operative 9-8-94 (Register 94, No. 32).
2. Change without regulatory effect amending first paragraph and NOTE filed 5-13-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 20).

Note: Authority cited: Section 1651, Vehicle Code; and Section 103900, Health and Safety Code. Reference: Sections 12805, 12806, 12813, 12814, 13360, 13800(f), 13801, 13802 and 14250, Vehicle Code; and Section 103900, Health and Safety Code.

1. New section filed 8-9-94; operative 9-8-94 (Register 94, No. 32).
2. Change without regulatory effect amending first paragraph and Note filed 5-13-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 20).