Senate Bill No. 665

(By Senator Schoonover)

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[Introduced February 23, 1998; referred to the Committee on Transportation.]
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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.