H. B. 4050
(By Delegates Rowe, Compton and Douglas)
[Introduced January 15, 1996; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend article two, chapter seventeen-b of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto three new sections, designated sections five-a,
five-b and five-c, relating to low vision driving and the
certified driver education training and evaluation program;
vision and examination standards for persons using bioptic and
telescopic devices; definitions; bioptic and telescopic devices
to qualify sight-impaired persons for licenses; procedure for
qualification; minimum requirements for vision; appointment of
ophthalmologist or optometrist; evaluation of applicant's
capabilities; requirement of program completion; reexamination
required upon completion of program; comprehensive driver's
examination; daylight driving restriction; removal of additional restrictions; certified driver education training and evaluation
programs; issuance of certificate; cancellation of certificate;
comprehensive plan required for certification; required testing
areas; determination to be made of eligibility for licensing;
vision standards for driver's license applicants; definitions;
requirement for prospective licenses to meet minimum
requirements; examination by ophthalmologist or optometrist;
examination results to be forwarded to division of motor
vehicles; visual acuity standards; restrictions for driving
school bus; corrective lenses to attain minimum requirements
permitted; visual field standards; and, procedure when applicant
fails visual requirement testing.
Be it enacted by the Legislature of West Virginia:
That article two, chapter seventeen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto three new sections, designated sections
five-a, five-b and five-c, to read as follows:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-5a. Vision and examination standards for persons using
bioptic telescopic devices; definitions; bioptic
telescopic devices to qualify sight impaired
persons for licenses; procedure for qualification;
minimum requirements for vision; requirement of
program completion; reexamination required upon completion of program; comprehensive driver's
examination; daylight driving restriction; removal
of additional restrictions.
(a) As used in this section and sections five-b and five-c
of this article, the following terms mean as follows:
(1) "Bioptic telescopic device" or "bioptic telescopic
lenses" mean a two focus optical system used to magnify distance
objects by including a small telescope which is mounted in a
spectacle lens in a manner to allow an unobstructed view of the
horizontal visual field through the applicant's normal distance
corrective lens;
(2) "Applicant" means a person who is sight impaired who is
seeking a driver's license while being required to participate in
a specialized driver's education course for persons who are sight
impaired;
(3) "Certified driver education training and evaluation
program" hereinafter referred to as "the program" means a
program which provides and coordinates comprehensive vision
assessment of driving skills with emphasis on vision capability
but also including the assessment of hearing, psychological,
mobility and physical skills. Any such program must be approved
by the commissioner of the division of motor vehicles and the
superintendent of the division of public safety.
(4) "Daytime driving restriction" means driving restricted between one-half hour after sunrise and one-half hour before
sunset.
(b) A person who attempts but fails to qualify for a
driver's license as the result of not meeting minimum vision
requirements as prescribed by the division of motor vehicles, may
qualify for a driver's license by the use of a bioptic telescopic
device if all of the requirements prescribed in this section and
sections five-b and five-c of this article are met: Provided,
That no commercial driving license, motorcycle license or
endorsement or motorized bicycle license may be issued to any
person who requires the use of a bioptic telescopic device to
drive.
(c) After a determination has been made that an applicant
cannot qualify for a driver's license without the use of a
bioptic telescopic device, as required by this section, the
applicant may be referred to a certified driver's education
training and evaluation program approved by the commissioner of
the division of motor vehicles and the superintendent of the
division of public safety. The applicant shall first be examined
to determine whether his or her vision can be corrected with the
use of a bioptic telescopic device. If, after application is
made to receive training and evaluation in the program, it is
determined the applicant will be able to meet vision standards
with the use of a bioptic telescopic device, the applicant shall be given an examination to test his or her knowledge of the motor
vehicle laws of this state including road sign recognition, as
required at a division of public safety driver examination
station. The examinations may be taken orally. Upon successful
completion of the examinations, the applicant may be issued a
restricted temporary instruction permit which shall be valid only
when the applicant is accompanied by an approved instructor,
pursuant to the provisions of sections five-b and five-c of this
article, who is qualified to instruct and evaluate applicants in
accordance with the requirements that are applicable to
successful completion of the program by an applicant. When
issued, the restricted temporary instruction permit shall be sent
to the instructor of the program who is in charge of training of
a particular applicant, to be held on behalf of the applicant, by
the instructor.
(d) An applicant who has been issued a restricted temporary
instruction permit under this section is eligible to participate
in a program, as prescribed by this section and as authorized
under the provisions of section five-b of this article:
Provided, That no more than four restricted temporary instruction
permits may be issued to a single person within any twenty-four
month period.
(e) Low vision applicants accepted for participation in a
certified driver education training and evaluation program must meet and maintain the following minimum requirements relative to
their vision:
(1) Distance visual acuities between 20/80 and 20/200
inclusive, with best standard spectacle or contact lens
correction in the better eye;
(2) Visual field of one hundred twenty degrees horizontally
and eighty degrees vertically or greater in the same eye as used
for visual acuity determination;
(3) 20/70 or better distance visual acuity using distance
optical low vision aids prescribed by either a licensed
optometrist or ophthalmologist; and
(4) No ocular diagnosis or prognosis which indicates a
likelihood that a significant deterioration of vision below the
protocol levels of visual acuity and visual field will occur.
Applicants meeting the minimum requirements, as set forth in
subsection (e), shall be required to be evaluated by other
qualified program personnel to ascertain, in addition to visual
capabilities, physical and psychological capabilities necessary
for the operation of a motor vehicle. The instructor of a
particular applicant shall also specify the number of hours of
driver education training the applicant must fulfill in order to
be eligible to continue with the training process.
(f) No applicant is be eligible to take the comprehensive driver examination provided for in this section until the
applicant first successfully completes the program requirements
and has been issued a certificate demonstrating successful
completion of the program with a recommendation by the director
of the program that the applicant be allowed to take the
comprehensive driver examination.
(g) No person is eligible to take the comprehensive driver
examination provided in this section without visual reexamination
by a licensed optometrist or ophthalmologist upon successful
completion of the program. The reexamination shall be used to
determine if the applicant's visual acuity, with and without the
bioptic telescopic device, and the applicant's visual field, as
measured by automated perimetry testing, continues to meet the
vision standards set forth in subsection (e) of this section.
(h) An applicant who has obtained a certificate for
successful completion of the program and a recommendation for a
comprehensive driver examination, is eligible to take a
comprehensive driver examination administered by the department
of public safety.
(i) The comprehensive driver examination shall be
administered by a driver's license examiner, qualified to test
applicants applying for a license under the provisions of this
section, sections five-b and five-c of this article.
The comprehensive driver examination shall include testing the applicant's skill in driving over a route or routes which are
specifically designated for examination purposes in accordance
with the provisions of this section. Such route or routes shall
be chosen for examination purposes as the result of unique
topographical characteristics relative to visual obstructions,
including buildings, natural obstructions such as hills, trees or
mountains, road signs, billboards, curves and digressions and
other unique topographical characteristics determined to be
uniquely well-suited to test and evaluate an applicant's
capability to operate a motor vehicle. The examination shall
also be sufficiently comprehensive to adequately test the driving
skills and perceptual abilities of an applicant using a bioptic
telescopic device, and an applicant's ability, while operating a
motor vehicle, to react appropriately and sufficiently to various
traffic conditions.
(j) A person shall be allowed to apply for and take the
comprehensive examination provided herein three times. In the
event an applicant fails such examination three times, he or she
is not eligible to retake the examination until the applicant has
received further evaluation and training under the provisions of
this section, and has been issued an additional certificate of
successful completion of the program along with an additional
recommendation from the director of the program recommending that
the applicant be allowed to retake the comprehensive driver examination.
(k) In the event of successful completion of the
comprehensive driver examination, a license shall be issued by
the division of motor vehicles, restricted to daytime driving
only with any additional restrictions deemed appropriate by the
commissioner of the division of motor vehicles: Provided, That
any additional restrictions shall be in accord with the
recommendations of a qualified examiner or instructor familiar
with the capabilities and limitations of the applicant:
Provided, however, That any restriction to drive during only
daylight hours may be removed in the event of compliance with all
of the following:
(1) A person drives for twelve months with no convictions
for traffic violations other than minor parking violations;
(2) A person demonstrates an ability to meet or exceed
vision requirements in relation to the use of bioptic telescopic
devices, for persons who are sight impaired, and the person
otherwise meets applicable standards for unrestricted driver's
licenses;
(3) A person successfully completes additional evaluation
and training specifically designed for night driving at a
certified driver education training and evaluation program; and
(4) A person passes a comprehensive night driving
examination which is conducted during nighttime hours in nighttime conditions by a qualified instructor.
(l) A restriction or restrictions, other than confinement to
daytime only driving may be removed by compliance with all
requirements set forth in subsection (k) of this section with
additional evaluation, testing and training specifically designed
to address the particular existing restriction or restrictions.
(m) Individuals presenting visual conditions which may
become unstable or deteriorate below the protocol levels of
visual acuity and visual field, as stated in this section, will
be required to undergo visual reexamination and driver road
testing annually or at such intervals as state in writing by the
commissioner and superintendent or their designees, prior to
issuance or reissuance of an operator's license.
§17B-2-5b. Certified driver education training and evaluation
programs; issuance of certificate; cancellation of
certificate; comprehensive plan required for
certification; required testing areas;
determination to be made of eligibility for
licensing.
(a) The commissioner and superintendent or their designees
are responsible for formulating and setting certification
standards for what is or is not an acceptable driver education
training and evaluation program for low vision individuals.
(b) No program may be certified as a driver education training and evaluation program as defined in section five-a of
this article, until the commissioner of the division of motor
vehicles and the superintendent of the division of public safety
determine that the program meets all of the requirements of this
section and sections five-a and five-c and, until the issuance of
a certificate bearing the respective seals and signatures of the
commissioner of the division of motor vehicles and the
superintendent of the division of public safety. The certificate
may be canceled at any time if the commissioner and the
superintendent find that the program no longer meets all
requirements of this section and for any reason that constitutes
good cause for such cancellation. In the event of any
cancellation, the commissioner and the superintendent shall send
written notice of such cancellation to the program being canceled
by certified mail, return receipt requested. Such written notice
shall contain the specific reasons that the cancellation notice
was issued.
(c) Any program seeking certification shall submit a
comprehensive written plan to the commissioner of the division of
motor vehicles designed to demonstrate to the satisfaction of the
superintendent and the commissioner the program's likelihood to
comply with the requirements needed to administer an evaluation,
assessment, and driver education training program, in accordance
with the requirements of this section and sections five-a and five-c of this article. The commissioner and director may
specify additional requirements necessary to obtain
certification.
(d) A certified driver education training and evaluation
program shall be capable of providing and coordinating testing
and evaluation in the following area:
(1) Vision and vision correction;
(2) Audiology;
(3) Psychology;
(4) Orientation and mobility; and
(5) Perceptual assessment.
Such program shall also be capable of providing and
coordinating comprehensive counseling services in conjunction
with all phases of driver education training and evaluation in
accordance with the requirements prescribed by the commissioner
and the director.
(e) The certified driver education training and evaluation
program shall make a determination of whether an applicant is an
appropriate candidate for examination for a driver's license in
accordance with this section. In the event a determination is
made that an applicant is not an appropriate candidate for
examination, or that such applicant cannot successfully complete
the program requirements, the program shall notify the applicant
in writing, by certified mail, return receipt requested, of such determination. If an applicant successfully completes all
requirements and the certified driver education training and
evaluation program determines that the applicant is qualified to
be licensed, the program shall issue a certificate of successful
completion along with a recommendation that a comprehensive
driver examination be administered to the applicant in accordance
with the provisions of this section.
§17B-2-5c. Vision standards for driver's license applicants;
definitions; requirement for prospective licensees
to meet minimum requirements; examination by
ophthalmologist or optometrist; examination results
to be forwarded to division; visual acuity
standards; restrictions for driving school bus;
corrective lenses to attain requirements permitted;
visual field standards; procedure when applicant
fails visual requirement testing.
(a) For the purposes of this section and sections five-a and
five-b, the following terms mean the following:
(1) "Visual acuity" means the standard for minimum
acceptable visual acuities based on the Snellen vision acuities
as recommended for driver licensing by the American Optometric
Association, the American Association of Motor Vehicle
Administrators and the American Medical Association;
(2) "Corrective lenses" mean eye glasses, contact lenses and intraocular lenses, but excludes from its meaning bioptic
telescopic lenses;
(3) "Binocular vision" means visual acuity that is 20/200 or
better in both eyes, with or without corrective lenses;
(4) "Monocular vision" means visual acuity of 20/200 or
better in only one eye, with or without corrective lenses;
(5) "Combined visual acuity" means visual acuity attained by
using both eyes together where a person has binocular vision; and
(6) "Visual field" means the area or extent of physical
space or field visible to an eye in a given position. For
purposes of this section, the minimum requirements for the area
or extent of such physical space or field shall be a minimum of
forty-five degrees inward toward the persons nose and seventy
degrees outward from the location of the temporal bone of the
skull when the eye is in the straight-forward position.
(b) Applicants being examined for a driver's license or
endorsement therefor who are applying for a Class D conversion or
who are authorized by the division of motor vehicles for
reexamination due to administrative action, must meet applicable
standards of this section as well as sections five-a and five-b
of this article, prior to the issuance of a temporary permit or
other class of driver's license.
For purposes of this section and sections five-a and five-b
of this article, persons examined with corrective lenses, who are unable to attain the visual acuity required by this section, or
persons examined without corrective lenses who are unable to
attain the visual acuity required by this section, for issuance
of a driver's license without visual restrictions, will be
referred to a qualified and duly licensed ophthalmologist or
optometrist of their choice for correction and examination:
Provided, That the choice of the ophthalmologist or optometrist
shall be at the option of the applicant. The ophthalmologists or
optometrist shall record the results of any examination on a form
to be prescribed and provided by the division of motor vehicles.
For the purposes of this section and sections five-a and
five-b of this article, persons wearing eye glasses shall be
examined with and without such eye glasses. Corrective lenses
shall be required for driving if the applicant needs such lenses
to meet the standards required for adequate visual acuity. The
examination results shall be recorded on forms supplied by the
division of motor vehicles. Such results shall, additionally, be
provided to the appropriate driver's license examiner or
instructor by the division of motor vehicles.
(c) Persons with combined visual acuity of 20/40 or better,
without corrective lenses, shall be issued a license without
visual restrictions. Persons whose combined visual acuity is
poorer than 20/40, but better than 20/70, shall be restricted to
daytime driving only. Persons unable to attain a combined visual acuity of at least 20/70 shall be denied a driver's license.
Persons with a monocular vision with visual acuity of 20/30
or better, without corrective lenses, shall be issued a license
without visual restriction. Persons with monocular vision with
visual acuity poorer than 20/40 but better than 20/70 shall be
issued a license restricted to daytime driving only. Persons
with monocular vision with visual acuity poorer than 20/70 shall
be denied a driver's license.
Persons applying for a Class D driving license with combined
visual acuity of 20/40 or better, will be issued a license
without visual restriction. Persons applying for a Class D
license with combined visual acuity poorer than 20/40 but better
than 20/70 shall be issued a Class D license restricted to
daytime driving only. Persons applying for a Class D license who
are unable to attain a combined visual acuity of at least 20/70
shall be denied such license.
Persons applying for a Class D license with monocular vision
with visual acuity of 20/40 or better without corrective lenses,
shall be issued a license without visual restriction. Such
persons with visual acuity poorer than 20/40 but better than
20/70 shall be issued a license restricted to daytime driving.
Such persons unable to exhibit visual acuity of at least 20/70
shall be denied such license.
(d) No person with monocular vision may drive a school bus regardless of the type of license held by such person. Nor may
any person with binocular vision that is poorer than 20/40 be
authorized to drive a school bus.
(e) Persons may use corrective lenses to attain the
requirements set forth in this section. If such corrective
lenses are eyeglasses, they shall be secured about the head of
the person by a restraining device independent of the eyeglasses.
(f) A person possessing a seventy degree visual field on
both sides of the fixation point shall be issued a nonrestricted
license, in the event he or she meets all other applicable
requirements. If the visual field on one side of fixation is
less than seventy-five degrees the applicant shall be tested
monocularly and shall be required to demonstrate a visual field
of at least seventy degrees temporal meridian and forty-five
degrees nasal meridian in one eye. Such individual shall also be
subject to a restricted license and he or she shall,
additionally, be required to use an outside mirror on the side of
the impairment, in addition to, an inside mirror.
A person with monocular vision who fails to demonstrate a
visual field of at least seventy-five degrees temporal meridian
and forty-five degrees nasal meridian, in his or her single eye,
shall not be issued a driver's license.
Any person who does not meet visual field requirements of
seventy-five degrees temporal and forty-five degrees nasal in either eye, shall be referred to a qualified and duly licensed
ophthalmologist or optometrist for further examination. The
results of such examination shall be provided to the division of
motor vehicles where same shall be recorded on a form as
prescribed by the division.
(g) In all cases in which an applicant is sent to a licensed
ophthalmologist or optometrist for visual correction, the
temporary permit provided for herein shall be held by the driver
license examiner pending the applicant's return. After being
examined by an ophthalmologist or optometrist, the applicant
shall return to the driver's license examination station for
further consideration of his or her application. A visual acuity
retest of the applicant, using the standard driver examination
equipment, must be passed by the applicant before the applicant
may be considered for licensing. The applicant shall also be
instructed that his or her license shall be held at the
examination station for a period of thirty days, and that the
applicant shall be unable to drive a motor vehicle until visual
correction has been made and substantiated and the applicant has
returned to complete the examination. If the applicant fails to
return within the thirty-day period, the temporary permit or
license shall be forwarded to the division of motor vehicles
which shall notify the licensee of the revocation of same. No
further license may be issued until the applicant is in compliance with the vision requirements as set forth in this
section.
(h) Any person making application for a temporary
instruction permit shall be required to take a pretemporary
instruction permit driver's license examination, prior to the
issuance of such temporary instruction permit, to determine if
the applicant has any physical disability which may impair his or
her ability to operate a motor vehicle and to determine whether
the applicant has sufficient knowledge of the motor vehicle laws
of this state.
NOTE: The purpose of this bill is to provide a
comprehensive mechanism to regulate the driving of motor vehicles
by persons with impairments, with an emphasis on visual
impairments. The three new sections set forth various
definitions relating to visual requirements in relation to
driving. The bill provides for the joint efforts of the
commissioner of motor vehicles and the superintendent of public
safety to develop and supervise approved "certified driver
education training and evaluation programs" to test and train
drivers with visual impairments. More specifically, the bill
contains provisions that address the following: Vision and
examination standards for persons using bioptic and telescopic
devices; definitions; bioptic and telescopic devices to qualify
sight-impaired persons for licenses; procedure for qualification;
minimum requirements for vision; appointment of ophthalmologist
or optometrist to evaluate applicants for licenses; evaluation of
applicant's capabilities; requirement of program completion to
test for license; reexamination required upon completion of
program; comprehensive driver's examination; daylight driving
restriction; removal of additional restrictions; certified driver
education training and evaluation programs; issuance of
certificate; cancellation of certificate; comprehensive plan
required for certification; required testing areas; determination
to be made of eligibility for licensing; vision standards for
driver's license applicants; more definitions; requirement for prospective licenses to meet minimum requirements; examination by
ophthalmologist or optometrist; examination results to be
forwarded to division of motor vehicles; visual acuity standards;
restrictions for driving school bus; corrective lenses to attain
minimum requirements permitted; visual field standards; and,
procedure when applicant fails visual requirement testing.
Sections five-a, five-b and five-c are new; therefore,
strikes-through and underscoring have been omitted.