H. B. 4659
(By Delegates Compton, Given and Kelley)
[Introduced February 27, 1998; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend chapter seventeen-b of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-a, relating to
issuance of restricted driver's licenses to persons with
mild to moderate visual acuity loss; defining certain terms;
establishing minimum vision requirements for issuance of a
driver's license; providing that properly prescribed
corrective lenses may be used to meet minimum vision
requirements; providing for restricted driver's licenses;
vision testing; participation in certified bioptic
telescopic device education, training and evaluation
programs; temporary instruction permits; limitations;
minimum vision requirements for participation in a bioptic
telescopic device education, training and evaluation program; requiring program completion; comprehensive driving
examination; vision reexamination; limitation on
applications for the comprehensive driver examination; final
review by the commissioner of division of motor vehicles;
annual vision testing for certain drivers; bioptic
telescopic device driver training, education and evaluation
advisory committee; powers, duties and responsibilities of
the committee; maximum participation fees; required bioptic
telescopic device education, training and evaluation program
elements; and promulgation of legislative rules.
Be it enacted by the Legislature of West Virginia:
That chapter seventeen-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article two-a, to read
as follows:
ARTICLE 2A. RESTRICTED LOW VISION MOTOR VEHICLE DRIVER'S
LICENSES.
§17B-2A-1. Definitions
.
As used in this article:
(a) "Applicant" means a person with mild to moderate visual
acuity loss who is seeking a driver's license while being
required to participate in a certified bioptic telescopic device
driver education, training and evaluation program.
(b) "Binocular vision" means visual acuity that is 20/200 or
better in both eyes, with or without corrective lenses.
(c) "Bioptic telescopic device" or "bioptic telescopic lenses"
means a two focus optical system used to magnify distant 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.
(d) "Certified bioptic telescopic device driver education
training and evaluation program" means a program which provides
and coordinates comprehensive assessment and training of driving
skills and driving responses with emphasis on the vision,
hearing, psychological, perceptual, orientation and mobility and
physical skills of the applicant and is certified by the
commissioner of the division of motor vehicles after consulting
with the superintendent of the state police and the bioptic
telescopic device driver training, education and evaluation
advisory committee.
(e) "Combined visual acuity" means visual acuity attained by
using both eyes together where a person has binocular vision.
(f) "Corrective lenses" mean eye glasses, contact lenses and
intraocular lenses, but excludes from its meaning bioptic
telescopic lenses.
(g) "Daytime driving restriction" means driving restricted
between one-half hour after sunrise and one-half hour before
sunset, or during adverse weather conditions that significantly
reduce the visibility of roadways, traffic control devices or
other road users.
(h) "Monocular vision" means visual acuity of 20/200 or better
in only one eye, with or without corrective lenses.
(i) "Restricted out-of-state driver" means a person who
presents an unexpired driver's license from another state
requiring the use of a bioptic telescopic device while driving or
whose driver's license is otherwise restricted.
(j) "Visual acuity" means the standard for minimum acceptable
visual acuities based on the "Snellen" visual acuities standards
as recommended for driver licensing by the American optometric
association, the American association of motor vehicle
administrators and the American medical association.
(k) "Visual field" means the area or extent of physical space
or field visible to an eye in a given fixed 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 nasal meridian and seventy-five degrees
temporal meridian when the eye is in a fixed straight-forward
position.
§17B-2A-2. Minimum vision requirements for issuance of a motor
vehicle driver's license.
(a) The commissioner of the division of motor vehicles may
not issue a motor vehicle driver's license to any person:
(1) Unable to attain a combined visual acuity of at least
20/70; or
(2) With monocular vision with visual acuity of less than
20/70.
(b) The commissioner of the division of motor vehicles may
issue a motor vehicle driver's license restricted to daytime
driving to persons:
(1) Whose combined visual acuity is less than 20/40 but
20/70 or better; or
(2) With monocular vision with visual acuity less than 20/40
but 20/70 or better.
(c) The commissioner of the division of motor vehicles may
issue a motor vehicle driver's license without any vision
restrictions to a person:
(1) With combined visual acuity of 20/40 or better; or
(2) With monocular vision with visual acuity of 20/40 or
better.
(d) A person with monocular vision may not drive a school
bus. A person with binocular vision that is less than 20/40 may not drive a school bus.
(e) Any person may use properly prescribed corrective lenses
to met the requirements set forth in this section. Corrective
lenses must be properly fitted and worn at all times when
operating a motor vehicle.
§17B-2A-3. Issuance of restricted licenses to certain drivers.
The commissioner of the division of motor vehicles may not
issue a motor vehicle license to a person with monocular vision
who fails to demonstrate a visual field of at least seventy-five
degrees temporal meridian and forty-five degrees in the nasal
meridian, in his or her single eye.
The commissioner of the division of motor vehicles may issue
a motor vehicle driver's license to a person, meeting all other
licensing requirements, who possesses a seventy-degree visual
field on both sides of the fixation point. If the visual field
on one side of fixation point is less than seventy degrees, the
person may be tested for monocular vision and, if so tested,
shall be required to demonstrate a visual field of at least
seventy-five degrees in the temporal meridian and forty-five
degrees nasal meridian in one eye. The commissioner of motor
vehicles may issue a restricted license to such person including
restriction that, while driving, the person must have both a
mirror mounted on the outside of the motor vehicle on the side of the visual field loss and a mirror mounted on the inside of the
motor vehicle.
The commissioner of motor vehicles may not issue a driver's
license to a person with monocular vision who fails to
demonstrate a visual field of at least seventy-five degrees
temporal meridian and forty-five degrees in the nasal meridian.
Any person failing to meet visual field requirements of
seventy-five degrees temporal meridian and forty-five degrees
nasal meridian in either eye, may be referred to a licensed
ophthalmologist or optometrist for further examination to
determine if he or she may qualify for a restricted driver's
license.
§17B-2A-4. Vision testing and referral.
A person failing to qualify for a driver's license because
he or she did not meet minimum vision requirements provided for
in this article during the visual screening test administered at
a designated state police driver examination center under the
provisions of section seven, article two, chapter seventeen-b of
this code may seek to qualify for a restricted driver's license.
If all other requirements prescribed in this article are met, the
person may qualify for a restricted driver's license which
requires the driver to use a bioptic telescopic device when
driving. The commissioner of the division of motor vehicles may not issue a commercial driving license, motorcycle license or
endorsement or motorized bicycle license to any person who
requires the use of a bioptic telescopic device while driving.
§17B-2A-5. Procedure for participation in a certified bioptic
telescopic device training, education and
evaluation program.
A person, who fails the state police visual screening test
required by the provisions of section seven, article two, chapter
seventeen-b of this code may request referral to a licensed
ophthalmologist or optometrist with experience in the application
of bioptic telescopic devices for an assessment to determine
whether his or her vision is correctable with the use of a
bioptic telescopic device to meet the minimum vision requirements
of this article. Upon completion of this assessment, the
applicant or restricted out-of-state driver shall provide the
commissioner of motor vehicles with a certified copy of the
results.
If it is determined that the applicant or restricted
out-of-state driver will be able to meet the minimum vision
standards with the use of a bioptic telescopic device, the
applicant or restricted out-of-state driver shall then be
referred to a state police driver examination center to be
tested, except for the actual driving demonstration, on his or her knowledge of the motor vehicle laws of this state as provided
in section seven, article two, chapter seventeen-b of this code.
If the applicant or out-of-state driver passes this examination,
the results shall be forwarded by the state police to the
commissioner. The commissioner in consultation with the driver's
licensing advisory board, established under the provisions of
section seven-a, article two of this chapter, shall review the
results of this examination and the visual assessment and shall
determine whether to issue a restricted temporary instruction
permit to allow the applicant or the restricted out-of-state
driver to participate in a certified bioptic device driver
training and education program established by this article.
Within seventy calendar days from date of receipt of the results
of the examination and assessment, the commissioner shall render
a decision on the matter. If approved by the commissioner, a
restricted temporary permit shall be issued to the applicant or
restricted out-of-state driver. The permit shall be valid only
when the applicant or restricted out-of-state driver is
accompanied during driving by either an authorized designee or
employee of a certified program or by a trained driver examiner
of the state police.
When issued, the restricted temporary instruction permit
shall be sent by the commissioner to the certified program designee, instructor or examiner responsible for training the
applicant or restricted out-of-state driver in the use of a
bioptic telescopic device. Restricted out-of-state drivers who
are granted a temporary instruction permit, may be required to
participate in an in-state driver education and training program
prior to the comprehensive drivers test if the initial vision
assessment and the motor vehicle law examination reveal the need
for the training.
§17B-2A-6. Limitation on number of temporary instruction
permits.
An applicant or restricted out-of-state driver who has been
issued a restricted temporary instruction permit under this
section is eligible to participate in any bioptic telescopic
device training program, as prescribed by this article:
Provided, That no more than four restricted temporary instruction
permits may be issued to any person within any twenty-four month
period.
§17B-2A-7. Minimum vision standards required for participation.
Applicants accepted for participation in a certified bioptic
telescopic device driver education training and evaluation
program must be able to maintain the following minimum vision
standards:
(1) Distance visual acuities between 20/80 and 20/200 inclusive, with best standard spectacle or contact 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 a bioptic
telescopic device 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.
§17B-2A-8. Completion of bioptic telescopic device education,
training and evaluation program required before comprehensive driving examination.
Neither an applicant nor a restricted out-of-state driver is
eligible to take the comprehensive driver examination provided in
this section until he or she: (1) Successfully completes a
certified bioptic telescopic device training program; (2) is
issued a certificate demonstrating successful completion of the
program; and (3) a written recommendation from the director of
the program that the applicant or restricted out-of-state driver
should be allowed to take the comprehensive driver examination.
If an application for a driver's license, or application for renewal of a driver's license is refused by the commissioner
because of a physical or mental condition, the applicant or out- of-state driver shall be notified that the commissioner has
refused to issue the driver's license within ten days by
certified mail, return receipt requested, and shall be entitled
to a hearing on the matter before the commissioner. The hearing
shall be held not later than thirty days after receipt of a
request. Within seventy days of the hearing, the commissioner
shall issue a written decision.
§17B-2A-9. New vision exam required.
No person is eligible to take the comprehensive driver
examination test following the successful completion of the
certified bioptic telescopic device training program unless the
person is reexamined by a licensed optometrist or
ophthalmologist. The reexamination shall be used to determine if
the applicant or restricted out-of-state driver's visual acuity,
with and without the bioptic telescopic device, and the
applicant's or restricted out-of-state driver's visual field, as
measured by automated perimetry testing, continues to meet the
vision standards set forth in this article.
An applicant or restricted out-of-state driver who has
obtained a certificate for successful completion of the program,
passed a vision reexamination and has received a recommendation by a program director to undergo a comprehensive driver
examination, is eligible to take the latter examination
administered by the state police.
This comprehensive driver examination shall be administered
by a driver's license examiner, qualified to test applicants or
restricted out-of-state drivers applying for a license under the
provisions of this article. This examination shall be conducted
in a dual brake controlled vehicle provided by the applicant's or
restricted out-of-state driver's driving instructor. The
comprehensive driver examination shall include testing of the
applicant's or restricted out-of-state driver's driving skills
over routes which are specifically designated for examination
purposes. These routes shall include topographical
characteristics including, but not limited to: (1) Natural
obstructions (trees, hills, mountains, curves, etc.); (2) manmade
obstructions (buildings, billboards, etc.); and (3) traffic
control devices typical of everyday traffic situations and
conditions. The examination shall also be sufficiently
comprehensive to adequately test the driving skills of an
applicant or restricted out-of-state driver including his or her:
(1) Use of a bioptic telescopic device under controlled and
noncontrolled dynamic conditions; and (2) perceptual abilities,
while operating a motor vehicle, to react appropriately and timely to changing traffic conditions and situations.
§17B-2A-10. Limitation on applications for comprehensive driver
examinations.
An applicant or restricted out-of-state driver shall be
allowed to apply for the comprehensive driver examination three
times. In the event that the applicant or out-of-state driver
fails the examination three times he or she is not eligible to
retake the examination until the applicant or the out-of-state
driver has received additional training under the provisions of
this section, has been issued a new or updated certificate of
successful completion of the program, has passed a vision
reexamination and received a recommendation for the comprehensive
examination from the director of the program.
§17B-2A-11. Final review.
On the applicant's or out-of-state driver's successful
completion of the comprehensive driver examination, results shall
be forwarded by the state police to the commissioner for final
review and consideration for issuance of a restricted driver's
license. After this review and in consultation with the driver's
license advisory board, the commissioner shall issue a license
restricted to daytime driving to the applicant or restricted
out-of-state driver with any additional restrictions determined
to be necessary: Provided, That any additional restrictions must be based on the recommendations of a qualified driver examiner or
training instructor familiar with the capabilities and
limitations of the applicant or out-of-state driver: Provided,
however, That any daytime only driving restriction may be removed
by the commissioner, following a review and after consultation
with the driver's licensing advisory board, if the person with
the restricted license:
(1) Drives for thirty-six months with no at-fault accidents
and with no convictions for traffic violations other than minor
parking violations;
(2) Demonstrates an ability to meet or exceed vision
requirements in relation to the use of bioptic telescopic devices
and meets all other applicable standards for an unrestricted
driver's license;
(3) Successfully completes additional evaluation and
training specifically designed for night driving at a certified
driver education training and evaluation program; and
(4) Passes a comprehensive night driving examination which
is conducted during nighttime hours and under nighttime
conditions by a qualified driver license examiner.
Any other restriction may be removed by the commissioner
after consultation with the driver's licensing advisory board if
the applicant or restricted out-of-state licensee complies with all requirements for removal of the daytime restriction and
receives additional evaluation, training and testing specifically
designed to address the specific restriction. The commissioner
shall advise the applicant or out-of-state driver and the state
police if a request to remove a driving restriction is granted.
§17B-2A-12. Bioptic telescopic device driver training, education
and evaluation advisory committee.
There is hereby created a bioptic telescopic device driver
training, education and evaluation advisory committee within the
division of motor vehicles. The committee shall be composed of
four members who shall be appointed by the commissioner with the
advice of the superintendent of the state police. Members shall
serve at the will and pleasure of the commissioner. Members
shall have experience in driver training and evaluation programs
and shall have expertise in at least one of the following areas:
(1) Initial vision evaluation; (2) bioptic telescopic device
fitting and evaluation; (3) orientation and mobility training
with a bioptic telescopic device; and (4) driver education and
training with a bioptic telescopic device. Each area of
expertise must be represented on the committee. The committee
shall choose its own chairperson and shall meet at least once
each calendar year or at the call of the chairperson,
commissioner or superintendent. The members shall bear their own expenses.
§17B-2A-13. Powers, duties and responsibilities of the advisory
committee.
The advisory committee shall evaluate and recommend
certification of bioptic telescopic device driver education,
training and evaluation programs to the commissioner.
Any program seeking certification shall submit a
comprehensive written plan to the commissioner designed to
demonstrate to the satisfaction of the commissioner, the
superintendent and the bioptic telescopic device driver training,
education and evaluation advisory committee the program's ability
to meet certification standards set forth in this article and in
rules promulgated by the commissioner. The commissioner with the
advice of the superintendent and the committee may certify the
program and specify additional requirements necessary for the
program to obtain certification.
§17B-2A-14. Required program elements.
Every bioptic telescopic device education training and
evaluation program shall, at a minimum, consist of four sections.
They are: (1) Initial visual evaluation; (2) comprehensive
predriving assessments including hearing, psychological,
perceptual, orientation and mobility; (3) bioptic telescopic
device fitting and evaluations; (4) orientation and mobility training with the bioptic telescopic device; and (5) driver's
education training with the bioptic telescopic device. Maximum
distances between program sections shall be maintained with
effective communication among all of the sections.
A certified driver education training and evaluation
program shall be capable of providing and coordinating screening,
training, and assessment services in the following areas:
(a) Vision and vision correction;
(b) Audiology;
(c) Psychology;
(d) Orientation and mobility;
(e) Perceptual assessment;
(f) Driver education.
§17B-2A-15. Certified driver education, training and evaluation
program responsibilities.
A certified driver education, training and evaluation
program shall determine whether an applicant or restricted out- of-state driver is an appropriate candidate for training and
examination for a driver's license, in accordance with this
article. In the event a determination is made that an applicant
or restricted out-of-state driver is not an appropriate candidate
for training or that such applicant or restricted out-of-state
driver cannot successfully complete the program requirements, the program shall notify the commissioner of the division of motor
vehicles and the applicant or restricted out-of-state driver in
writing, by certified mail, return receipt requested, of such
determination. If an applicant or restricted out-of-state driver
qualifies as an appropriate candidate and successfully completes
all requirements of the program, the program shall issue a
certificate of successful completion along with a recommendation
that a comprehensive driver examination be administered to the
applicant or restricted out-of-state driver in accordance with
the provisions of this article.
17B-2A-16. Legislative rules.
The commissioner of the division of motor vehicles shall
propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code
to implement the provisions of this article.
NOTE: The purpose of this bill is develop a program to
assess, evaluate and train persons who fail the vision test
administered by the state police as a part of the comprehensive
driver's licensing examination to determine if they may qualify
for a restricted driver's license. The bill provides that a
person may be referred to a bioptic telescopic device education,
training and evaluation program for evaluation and training in
the use of a bioptic telescopic device which would allow the
driver to qualify for a restricted driver's license. The
restricted driver's license would allow the driver to operate a
motor vehicle during daytime hours only. The bill specifies
eligibility criteria for participation and it sets minimum program elements. An advisory committee within the division of
motor vehicles is established under the bill.
This article is new; therefore, strike-throughs and
underscoring have been omitted.