New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 9 - Driver License Qualifications After Loss Of Consciousness › Section 9.4 - Procedures upon failure to submit evidence of fitness

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
				  receipt of an application for an original driver license, or for renewal of a
				  driver license, or upon a scheduled review of a required physician's, physician assistant's or nurse practitioner's statement, or upon receipt of
				  evidence confirmed by a departmental hearing or investigation that a licensee
				  has experienced loss of consciousness, if the commissioner has not received an
				  acceptable physician's, physician assistant's or nurse practitioner's
				  statement as defined in subdivision (d) of this section, or, if such a
				  statement is received but the commissioner's medical consultant finds grounds
				  to disagree with or to question a recommendation of such physician, physician
				  assistant, or nurse practitioner made in accordance with the provisions of
				  section
				  9.3  of this
				  Part, the commissioner shall, unless he or she deems such person's operation of
				  a motor vehicle on a public highway to be an immediate hazard, send to such
				  person a proposed denial or suspension of license, whichever is appropriate,
				  with an offer to withhold such action until after a department hearing, if such
				  hearing is requested by such person. The failure of such person to reply to the
				  commissioner, either accepting the denial or suspension or requesting a
				  hearing, within 30 days of the date of such notice shall result in the
				  imposition of the denial or suspension.
(b) Notwithstanding the provisions of
				  subdivision (a) of this section, if the commissioner deems any such person's
				  operation of a motor vehicle on a public highway to be an immediate hazard, he
				  shall forthwith deny or suspend the license, whichever is appropriate, and
				  offer to hold a departmental hearing to review such action, upon written
				  request of such person. If such request for hearing is not made within 30 days
				  of such denial or suspension, the offer to hold a hearing shall be deemed to be
				  withdrawn.
(c) For the purposes of
				  this section, a person's operation on the public highway shall be deemed to
				  constitute an immediate hazard if the commissioner has received evidence from a
				  physician, physician assistant, or nurse practitioner that the person's
				  condition does, in the opinion of the physician, physician assistant or nurse
				  practitioner, create an immediate hazard if such person were to operate a
				  vehicle on the public highway or, if the commissioner has received evidence
				  that such person's loss of consciousness has caused or contributed to a motor
				  vehicle accident.
(d) In order for
				  a physician's, physician assistant's or nurse practitioner's statement to be
				  acceptable, such statement must be submitted by a licensed physician, physician assistant, or nurse practitioner who has attended or examined the
				  patient within 120 days of the date of such statement, and if required by the
				  commissioner, may be required to be submitted by a physician licensed in a
				  specialty appropriate to the condition in question.