Senate Bill No. 249
(By Senators Tomblin, Mr. President, Sprouse,
Schoonover, Boley,
Hunter, Sharpe, Dugan,
Prezioso, McKenzie and Ross)
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[Introduced March 6, 1997; referred to the Committee
on Transportation.]
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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, all relating to driving
with mild to moderate visual acuity loss and the certified
driver education training and evaluation program; vision and
examination standards for persons using bioptic telescopic
devices; definitions; bioptic telescopic devices to qualify
persons with mild to moderate visual acuity loss for
restricted driver licenses; procedure for qualification;
minimum requirements for vision; evaluation of bioptic
applicant's capabilities other than vision; requirement of
program completion; restricted out-of-state driver; vision
reexamination required upon completion of program;
comprehensive driver examination; daytime driving
restriction; removal of daytime and additional driving 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 of licensing; vision requirements for
applicants seeking standard operators license; definitions;
requirement for prospective applicants or licensees 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
be
amended by adding thereto three new sections, designated sections
five-a, five-b and five-c, all 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 persons with mild to moderate visual acuity loss for restricted driver licenses; procedure for qualification; minimum requirements for vision; evaluation of bioptic applicant's capabilities other than
vision; requirement of program completion; vision
reexamination required upon completion of program;
comprehensive driver's examination; daytime driving
restriction; removal of daytime and additional driving
restrictions.
(a) As used in this section and sections five-b and five-c
of this article, the following terms mean as follows:
(1) "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 driver's education
training and evaluation program;
(2) "Bioptic telescopic device," or "bioptic telescopic
lenses" means 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;
(3) "Certified driver education training and evaluation
program," hereinafter referred to as "the 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.
Any such program must be approved by the commissioner of the
division of motor vehicles and the superintendent of the state
police after consultation with the driver training and evaluation
advisory committee.
(4) "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;
(5) "Restricted out-of-state driver" means a person who
presents an unexpired driver's license of another state with a
restriction requiring the use of a bioptic telescopic device.
(b) A person who attempts but fails to qualify for a
driver's license as the result of not meeting minimum vision
requirements on the visual screening test at any designated state
police driver examination center as set forth in section five-c,
article two, chapter seventeen-b may qualify for a driver's
license by the use of bioptic telescopic device if all the
requirements prescribed in this section, and sections five-b and
five-c of this article are met:
Provided, That no commercial
driver's license, motorcycle license or endorsement or motorized bicycle license may be issued to any person who requires the use
of bioptic telescopic device for detecting detail of distantly
positioned objects or forms as needed during the driving task.
(c) After a determination has been made that an applicant or
a restricted out-of-state driver cannot qualify for a driver's
license without the use of a bioptic telescopic device, as
required by this section, the applicant or restricted out-of- state driver shall be referred by the state police to a certified
driver's education training and evaluation program which has been
approved by the commissioner and the superintendent. The
applicant or restricted out-of-state driver shall first be
examined to determine whether his or her vision can be corrected
with the use of a bioptic telescopic device. If it is determined
that the applicant or restricted out-of-state driver will be able
to meet vision standards with the use of a bioptic telescopic
device and pass those additional assessments as stated in
subsection (d), section five-b of this article, the applicant or
restricted out-of-state driver 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 state police
driver examination center. The examination may be taken orally.
Upon successful completion of all of these examinations, the
applicant may be issued a restricted temporary instruction permit
by the commissioner which shall be valid only when the applicant is accompanied by an appropriate employee of a certified program
or trained driver examiner of the state police pursuant to the
provisions of sections five-b and five-c of this article, who are
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 by the commissioner 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. Restricted out-of-state drivers will be required
to take and pass the permit test but will not be issued a
temporary instruction permit, nor be required to participate in
in-state driver education and training prior to initial
comprehensive road testing by the state police.
(d) An applicant who has been issued a restricted temporary
instruction permit under this section is eligible to participate
in any 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) 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 correction in
the better eye;
(2) Visual field of 120 degrees horizontally and 80 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.
(f) No applicant is eligible to take the comprehensive
driver examination provided 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 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
re-examination by a licensed optometrist or ophthalmologist upon
successful completion of the program. The re-examination 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 received recommendation
by a program director to undergo a comprehensive driver
examination, and has passed a vision re-examination is eligible
to take a comprehensive driver examination administered by the
state police.
(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. This
examination shall be conducted in a dual brake controlled vehicle
provided by the applicant's driving instructor.
The comprehensive driver examination shall include testing
of the applicant's driving skills 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 include topographical characteristics such as but
not limited to: Natural obstructions (trees, hills, mountains,
curves, etc.); man-made obstructions (buildings, billboards, etc.) and 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 including his or her use of a bioptic telescopic
device under controlled and noncontrolled dynamic conditions;
and an applicant's perceptual abilities, while operating a motor
vehicle, to react appropriately and timely to ever-changing
traffic conditions and situations.
(j) An applicant shall be allowed to apply for the
comprehensive driver examination provided herein three times. A
restricted out-of-state driver shall be allowed to apply for and
take the comprehensive examination provided herein two times. In
the event that an applicant fails the examination three times,
or in the case of the restricted out-of-state driver, two 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, and has been
issued a new or updated certificate of successful completion of
the program, along with any additional recommendation from the
director of the program, recommending that the applicant or
restricted out-of-state driver be allowed to retake the
comprehensive driver examination.
(k) In the event of successful completion of the
comprehensive driver examination, a license restricted to daytime driving shall be issued by the commissioner to the applicant or
restricted out-of-state driver with any additional restrictions
deemed appropriate after review and recommendation by the
commissioner's medical advisory board:
Provided, That any
additional restrictions shall be in accord with recommendations
of a qualified driver examiner or training instructor familiar
with the capabilities and limitations of the applicant:
Provided, however, That any restriction to drive during daytime
hours, including such a restriction on an unexpired license from
another state, may be removed in the event of compliance with all
of the following:
(1) A person drives for thirty-six months with no at-fault
accidents and with no convictions for traffic violations other
than minor traffic violations;
(2) A person demonstrates an ability to meet or exceed the
vision requirements in relation to the use of bioptic telescopic
devices, for persons who illustrate mild to moderate visual
acuity loss and that 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;
(4) A person passes a comprehensive night driving
examination which is conducted during night time hours in night time conditions by a qualified driver license examiner.
(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, training and testing specifically designed
to address the particular existing restriction or restrictions.
(m) Individuals presenting visual conditions which may be
come unstable or deteriorate below the protocol levels of visual
acuity and visual field as stated in this section, are required
to undergo visual re-examination and driver road testing annually
or at such intervals as stated in writing by the commissioner and
superintendent or their designees, prior to the 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; and
determination to be made of eligibility for licensing.
(a) The commissioner and superintendent or their designees,
after consultation with the driver training and evaluation
advisory committee, are responsible for formulating and setting
certification standards for what is or is not an acceptable
driver education training and evaluation program for individuals with mild to moderate visual acuity loss.
(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 and the superintendent,
after consulting with the driver training and evaluation
committee determine that the program meets all of the
requirements of this section and sections five-a and five-c of
this article and, until the issuance of a certificate bearing the
respective seals and signatures of the commissioner and the
superintendent. The certificate shall be valid for a period of
two years as specified by the commissioner and the
superintendent. The certificate may be canceled at any time if
the commissioner and 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 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. If and when a program loses its
certification, the public shall be made aware of the latter
through notices published in area newspapers at the discretion of
the commissioner and superintendent.
The driver training and evaluation advisory committee consists of four or more persons, who shall serve at the pleasure
of the commissioner and superintendent. Each of its members
shall have past or present experience in a certified driver
training and evaluation program and shall have expertise in one
of the following areas: Initial vision evaluation, bioptic
telescopic device fitting and evaluation, orientation and
mobility training with bioptic telescopic device, and driver
education training with a bioptic telescopic device. Each area
of expertise shall be represented by its own expert. The
committee shall choose its own chairman or chairwoman and shall
meet at least once each calendar year or at the call of the
chairman or chairwoman or commissioner or superintendent. The
members shall serve without compensation and shall bear their own
expenses. The committee shall evaluate new programs as well as
consider the recertification of existing programs in accordance
with subsection (d), section five-b of this article.
(c) Any program seeking certification shall submit a
comprehensive written plan to the commissioner designed to
demonstrate to the satisfaction of the commissioner and
superintendent and driver training and evaluation advisory
committee 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 superintendent may specify
additional requirements necessary to obtain certification.
Each driver education training and evaluation program shall
consist of at least four sections: Initial vision evaluation,
bioptic telescopic device fitting and evaluation, orientation and
mobility training with the bioptic telescopic device and driver's
education training with the bioptic telescopic device. Standards
for each of these sections shall be set by the commissioner and
superintendent after consultation with the driver training and
evaluation advisory committee and shall include requirements for
facility and test equipment, qualifications of staff, and testing
procedures. Standards for each driver education and training
evaluation program, as a whole, shall be set by the commissioner
and superintendent after consultation with the driver training
and evaluation advisory committee and shall include requirements
for maximum distance between each of the program sections and
sites where services are provided as well as the method of
communication between each program section.
(d) A certified driver education training and evaluation
program shall be capable of providing and coordinating testing
and evaluation in the following areas:
(1) Vision and vision correction;
(2) Audiology;
(3) Psychology;
(4) Orientation and mobility;
(5) Perceptual assessment.
Such program shall also be capable of providing and
coordinating all phases of driver education training and
evaluation in accordance with the requirements prescribed by the
commissioner and superintendent.
(e) The certified driver education training and evaluation
program shall make a determination of whether an applicant is an
appropriate candidate for training and 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 training, 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 for driver testing, 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 requirements for applicants seeking a standard
operator's license; definitions; requirement for applicants or licensees 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 requirements permitted; visual field standards; procedures when applicant fails visual requirement testing.
(a) For the purposes of this section and sections five-a and
five-b of this article, the following terms mean as follows:
(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 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 nasally (toward the persons nose) and seventy- five degrees laterally (toward the person's side) when the eye is
in a fixed straight-forward position.
(b) Applicants being examined for a driver's license or
endorsement therefore who are applying for a Class D conversion
or who are authorized by the division of motor vehicles for
re-examination 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. The
ophthalmologist 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. The 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 20/70 or better, 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 20/40
or better, without corrective lenses, shall be issued a license
without visual restrictions. Persons with monocular vision with
visual acuity poorer than 20/40 but 20/70 or better shall be
issued a license restricted to daytime driving. Persons with
monocular vision with visual acuity poorer than 20/70 shall be
denied a driver's license.
Persons applying for a Class D driver's license with a
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 20/70
or better 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 a driver's 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 restrictions. Such persons with visual acuity
poorer than 20/40 but 20/70 or better shall be issued a license
restricted to daytime driving only. 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 eye glasses, 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
driver's 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 degrees the applicant shall be
tested monocularly and 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. Such
individuals 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 visual field loss, 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 in the nasal meridian, in his or her
single eye, may not be issued a driver's license.
Any person who does not meet visual field requirements of
seventy-five degrees temporally and forty-five degrees nasally 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 they 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 center 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. If the applicant fails to
return within a thirty-day period, the temporary permit shall be
forwarded to the division of motor vehicles which shall notify
the applicant of the revocation of his or her temporary permit.
No further temporary permits 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 standardize and regulate screening, training and driver testing for other
similarly visually challenged persons of West Virginia.
Sections five-a, five-b and five-c are new; therefore
strike-throughs and underscoring have been omitted.
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