Ga. Comp. R. & Regs. R. 375-3-5-.09 - Medical Review Procedures for Persons Believed to be Incompetent or Unqualified
(1) No license shall be issued to or retained
by any person who is unable to safely operate a motor vehicle due to:
(a) a disorder characterized by lapses of
consciousness;
(b) a mental or
physical disability affecting the ability to drive safely; or
(c) an addiction to alcohol or drugs to the
extent that such person is incompetent to operate a motor vehicle.
(2) Upon receipt of a report that
a person with a disability or disorder defined in paragraph (1) (a) through (c)
may be unqualified to be licensed, the Department may obtain the advice of the
Driver License Advisory Board. Such review by the Driver License Advisory Board
may also be requested by the licensee. The Board may base its advice on records
and reports provided by the department, an examination and report made by a
Board member or other qualified person designated by the Board, or a written
report provided by a licensed physician chosen by licensee. The submission of
such reports shall be without expense to the State or the Department.
(3)
(a)
Whenever the Department has good cause to believe a licensee is incompetent or
unqualified to safely operate a motor vehicle, the licensee shall be required
to submit to an examination at the nearest driver's license facility within ten
(10) days of receipt of written notice from the Department. Based upon the
results of the examination, the Department may revoke the license or issue a
license with the appropriate restrictions. If the licensee does not comply with
the Department's request to submit to an examination, then the driver's license
shall be revoked.
(b) Whenever the
Department receives a Request for Driver Review (form DDS-270), the Department
shall conduct an investigation to determine whether the licensee is qualified
to be licensed.
(i) After the completion of
said investigation, the Department shall determine whether there is evidence to
support the allegation that the licensee is unqualified to be licensed. If the
investigation does not substantiate the allegations, no further action shall be
taken by the Department.
(c) If the Department shall determine that
there is evidence to support the allegation that the licensee is unqualified to
be licensed, the Department shall send the licensee a notice containing the
following information:
(i) That a licensee
unable to drive safely due to a disability and/or disorder as provided in
paragraph (1)(a) through (c) may not retain a driver's license under Georgia
Law;
(ii) That a question has
arisen as to the licensee's capacity to drive;
(iii) That enclosed medical report forms must
be completed by a licensed physician of the licensee's choice and returned by
the physician directly to the Department within thirty (30) days of
receipt;
(iv) That, after review of
the medical reports, the Department will make a determination of whether to
allow such licensee to retain their driver's license, add restrictions to their
driver's license, or impose a revocation of the license;
(v) That the letter may be considered that
licensee's authority to drive pending subsequent notification from the
Department of Driver Services that their driver's license has been retained,
retained with restrictions, or revoked;
(vi) That, should the licensee fail to submit
completed medical reports to the Department within thirty (30) days, their
driver's license shall be revoked and they shall be deemed to have waived their
right to appeal the revocation of the driver's license.
(4) If the Department has not
received completed medical reports from the licensee within thirty (30) days,
their driver's license shall be revoked and they shall be deemed to have waived
their right to appeal or otherwise contest the revocation.
(5) The Department may, upon good cause
shown, extend the time periods established above. The Department's decisions in
this regard shall be final and not subject to review.
(6) After receipt of the recommendation of
the Driver License Advisory Board, where applicable, and any other pertinent
information, the Department shall notify the licensee, by mail, of the
retention, retention with restrictions, or revocation of his driver's license.
As the Department is authorized by statute to impose any restrictions which it
may determine are appropriate to assure the safe operation of any motor vehicle
by the licensee, no appeal shall be granted regarding the Department's decision
to impose restrictions on a person's driver's license. If the driver's license
is revoked, the licensee may appeal that revocation as provided
hereinafter.
(7) The licensee may,
within fifteen (15) days of receipt of notice of revocation, request a hearing
by a designated hearing officer of the Department. Such request must be made in
accordance with the appeal requirements in Ga. Comp. R. & Regs. R.
375-1-1-.06 and received by the
Department within the 15-day period specified. If no request for hearing is
received within the 15-day time period, the licensee shall be considered to
have waived their right to a hearing and to appeal the revocation of their
driver's license. The notice of revocation shall advise the driver of this
requirement.
(8) The hearing and
appeal procedures shall be as specified in Ga. Comp. R. & Regs. R.
375-1-1-.06.
(9) The department is authorized to revoke
the license of a licensee without a preliminary examination or hearing upon a
recommendation by a court or prosecutor, or upon a showing by the records of
the department, that the licensee is unable to drive safely due to a disability
and/or disorder as provided in paragraph (1)(a) through (c).
(10) Once a licensee is found to be
physically and/or mentally qualified, the Department shall require such person
to present an application for a new license and complete the applicable
knowledge and/or skills tests for issuance of a driver's license. Any person
who fails an applicable skills or knowledge test may make another attempt at
such test in the time intervals established in Ga. Comp. R. & Regs. R.
375-3-1-.12. Notwithstanding the
foregoing, if a person successfully completes the knowledge test(s) but does
not take or fails the applicable skills test(s), they may be issued an
instructional permit in the applicable license class.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.