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What Laws Allow the DMV To Suspend Your License For Medical Reasons?

11/17/2024

 
In California, the laws governing the Department of Motor Vehicles (DMV)’s ability to suspend or revoke a driver’s license for medical reasons are primarily found in the California Vehicle Code (CVC), along with relevant administrative regulations. These laws provide the legal framework for the DMV to assess a driver’s medical fitness to operate a vehicle safely and protect public safety by ensuring that drivers with medical conditions that impair their abilities to drive are appropriately evaluated.
Here are the key laws and regulations that govern the DMV’s ability to suspend a driver’s license for medical reasons in California:
1. California Vehicle Code Section 12806: Medical ReportsThis section gives the DMV the authority to request medical reports or evaluations when they have reason to believe that a driver’s medical condition might affect their ability to safely operate a vehicle. The DMV can require a driver to submit medical documentation, undergo an examination, or even attend a hearing to assess their fitness to drive.
  • CVC §12806(b) specifies that the DMV may require a medical report or examination in cases where a driver’s medical history suggests the presence of a condition that could impair driving ability.
  • CVC §12806(c) allows the DMV to request a re-examination of a driver’s medical fitness, including an evaluation from the driver’s treating physician.
2. California Vehicle Code Section 13800: Medical Standards for DriversThis section provides the DMV with the authority to establish medical standards for drivers, including guidelines for evaluating a wide range of conditions such as vision impairment, epilepsy, heart conditions, mental health disorders, and neurological issues.
  • CVC §13800 directs the DMV to promulgate regulations that establish medical standards, which can include determining when a driver’s condition requires suspension or revocation of a license.
3. California Vehicle Code Section 13350: Suspension for Medical ConditionsSection 13350 grants the DMV the power to suspend a driver’s license if they determine that a driver is unable to operate a vehicle safely due to a medical condition. This section outlines the procedure for suspending a driver’s license for medical reasons, including potential steps for reinstating the license after a period of medical review.
  • CVC §13350(a) provides that if a driver is diagnosed with a medical condition that impairs their ability to drive safely, the DMV may suspend the license after reviewing medical reports or after an examination.
  • CVC §13350(b) allows for reinstatement of the license if the driver provides sufficient evidence (such as a medical examination report) that they have recovered or managed their condition to the point where they can safely operate a vehicle again.
4. California Vehicle Code Section 12810: Reporting Medical ConditionsSection 12810 requires that certain medical conditions be reported to the DMV. Specifically, healthcare providers may be required to notify the DMV about patients who have medical conditions that could affect their ability to drive. Additionally, drivers themselves are obligated to report certain medical conditions when applying for or renewing a driver’s license.
  • CVC §12810(a) makes it clear that physicians, surgeons, and other healthcare providers may report patients who have medical conditions that impair their ability to drive safely.
  • CVC §12810(b) places an obligation on drivers to report certain conditions like epilepsy or vision problems during the license application or renewal process.
5. California Vehicle Code Section 13202.5: License Suspension for Medical ReasonsThis section authorizes the DMV to suspend a driver’s license if the driver fails to comply with requests for medical evaluations or if the DMV determines that the medical information provided by the driver or their doctor indicates that the driver cannot safely operate a vehicle.
  • CVC §13202.5(a) grants the DMV the authority to suspend a driver’s license for failure to submit medical information or for not complying with a medical reevaluation request.
6. California Code of Regulations, Title 13, Section 121.00 et seq.: Medical StandardsIn addition to the Vehicle Code, the California DMV follows specific regulations found in the California Code of Regulations (CCR), Title 13. These regulations provide the medical standards the DMV uses to assess whether a person is fit to drive. Some of the key regulations related to medical fitness for drivers include:
  • CCR Title 13, Section 121.00 outlines the medical standards for vision, cardiovascular health, neurological conditions, and mental health issues. These standards guide the DMV in determining whether a medical condition poses a risk to road safety and when it might require suspension or restriction of a driver’s license.
  • CCR Title 13, Section 121.02 specifically addresses drivers with seizure disorders and the requirements for being medically cleared to drive. It includes guidelines for how long a driver must be seizure-free before being considered for licensure or reinstatement.
  • CCR Title 13, Section 121.04 covers medical conditions affecting cognitive abilities, such as dementia or Alzheimer’s disease, and the processes the DMV uses to assess whether these conditions require a suspension or restriction of driving privileges.
7. California Health and Safety CodeWhile the California Health and Safety Code does not directly govern the DMV’s ability to suspend a license, certain provisions indirectly relate to medical conditions that could affect a driver’s fitness to drive. For example, the law regarding drug and alcohol abuse (Section 11550) can be relevant in cases where a medical condition stems from or includes substance abuse.
  • Health and Safety Code §11550 relates to the legal consequences of being under the influence of drugs, and drivers who are arrested under suspicion of impaired driving due to drugs may be subjected to medical evaluations that could lead to a license suspension.
8. California Vehicle Code Section 13353: Re-examination RequirementsThe DMV may also require a medical re-examination of a driver’s ability to operate a vehicle safely after a license suspension has been imposed due to a medical condition. This allows the DMV to review whether the driver’s condition has improved to the point where they are again fit to drive.
Key Takeaways
  • The California Vehicle Code (CVC), especially Sections 12806, 13800, 13350, and 12810, gives the DMV broad authority to evaluate and, if necessary, suspend or revoke a driver’s license for medical reasons.
  • The California Code of Regulations (CCR), Title 13 outlines specific medical standards for assessing conditions like epilepsy, vision impairment, cardiovascular diseases, cognitive conditions, and neurological disorders.
  • Physicians, medical professionals, and the driver are required to provide medical documentation when requested by the DMV to ensure that the driver’s medical condition does not impair their ability to operate a vehicle safely.
  • The DMV can suspend a driver’s license for failing to provide medical information or if the information suggests that the driver poses a safety risk due to a medical condition.
Ultimately, the goal of these laws is to protect public safety by ensuring that individuals with medical conditions that could impair their ability to drive are appropriately assessed, with the DMV making decisions about suspension, revocation, or reinstatement based on medical evidence.

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  • Home
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