Ariz. Admin. Code § 17-4-502
Current through Register Vol. 30, No. 50, December 13, 2024
Section R17-4-502 - General Provisions for Visual, Physical, and Psychological Ability to Operate a Motor Vehicle SafelyA. Screening process for safe operation of a motor vehicle. 1. An applicant shall complete the application, including the medical screening questions and certification.2. An applicant without a valid driver license shall successfully complete all required examinations or obtain an evaluation if:a. The Department informs the applicant that the applicant's responses to the medical screening questions indicate the existence of a disqualifying medical condition; orb. The applicant comes under subsection (B)(1)(a), (B)(1)(c), or (B)(1)(d).3. An applicant for license renewal shall successfully complete an examination or obtain an evaluation if the applicant's responses to the medical screening questions indicate that since the applicant's last driver license issuance:a. The applicant has developed a visual, physical, or psychological condition that may constitute a disqualifying medical condition; orb. There has been a change in an existing visual, physical, or psychological condition that may constitute a disqualifying medical condition.4. As soon as a licensee's medical condition allows, the licensee shall notify the Department, in writing, that a medical condition exists not previously reported to the Department that may affect the licensee's functional ability. On receipt of the required notification, the Department shall require the licensee to complete an examination or evaluation. B. Evaluation. An applicant or licensee shall submit to an evaluation as required by the Department.1. The Department shall require an evaluation if the Department notifies the applicant or licensee in writing that:a. The applicant or licensee comes under the provisions of R17-4-503 or R17-4-506;b. The applicant or licensee reports a possible disqualifying medical condition or fails to successfully complete an examination;c. The applicant or licensee shows unexplained confusion, loss of consciousness, or incoherence that is observed by Department personnel; ord. A person with direct knowledge submits to the Department written information about specific events or conduct indicating the applicant or licensee may have a disqualifying medical condition.2. The applicant or licensee shall have the physician, appropriate specialist, or certified substance abuse counselor who performs an evaluation submit timely an evaluation report on a form provided by the Department to the Department's Medical Review Program. 3. An applicant or licensee shall pay for any expense incurred by the applicant or licensee to show compliance with the visual, physical, and psychological standards for a driver license. C. Licensing action. The Department shall take a licensing action after requiring an applicant or licensee to complete an examination successfully or obtain an evaluation and submit an evaluation report.1. The Department shall deny a driver license if an applicant or licensee: a. Fails to complete successfully an examination; orb. Fails to: i. Obtain an evaluation; orii. Have a physician, appropriate specialist, or certified substance abuse counselor submit an evaluation report to the Department within 30 days after the Department notifies the applicant that an evaluation is required; or c. Has an evaluation report submitted that indicates a disqualifying medical condition.2. The Department shall summarily suspend a an applicant's or licensee's driving privileges under A.R.S. §§ 28-3306 and 41-1064 for a reason stated in subsection (C)(1).3. The Department shall issue a revocation notice with a notice of summary suspension. The revocation notice shall inform the applicant or licensee that: a. Unless the Department receives the applicant or licensee's timely hearing request under subsection (E), the revocation becomes effective: i. Fifteen days after the date the applicant or licensee is personally served with the notice, orii. Twenty days after the date the notice is mailed to the applicant or licensee.b. An applicant or licensee who wishes to obtain a license after suspension or revocation shall reapply for a license as specified in A.R.S. § 28-3315.4. The Department shall issue a driver license or shall not suspend or revoke an applicant or licensee's driving privileges if:a. The applicant or licensee successfully completes all required examinations and the Department does not require an evaluation, orb. The applicant or licensee obtains all required evaluations and the most recent evaluation report submitted on behalf of the applicant or licensee conclusively indicates no disqualifying medical condition.D. Driver license restrictions. If an applicant or licensee uses an adaptation, including those listed below, to demonstrate functional ability during an examination, the Department shall indicate the adaptation as a restriction on a driver license issued to the applicant or licensee and on the applicant's or licensee's driving record:1. Automatic transmission,4. Parking-brake extension,8. Right-side directional signal,9. A device that enables an operator to spin the steering wheel,10. A device that enables full foot control,11. Dual outside mirrors,14. A device that extends pedals,15. A device that enables full hand control, E. Hearings. The Department's Executive Hearing Office shall conduct the hearing as provided under A.R.S. Title 41, Chapter 6, Article 6, and 17 A.A.C. 1, Article 5. F. The Department shall not release information required to be submitted to the Department under this Section by an applicant or licensee except to a person or entity qualified under A.R.S. § 28-455.Ariz. Admin. Code § R17-4-502
New Section recodified from R17-4-520at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). Amended by final rulemaking at 8 A.A.R. 3241, effective July 12, 2002 (Supp. 02-3). Amended by final rulemaking at 9 A.A.R. 1861, effective June 3, 2003 (Supp. 03-2). Amended by final rulemaking at 13 A.A.R. 1127, effective May 5, 2007 (Supp. 07-1). Amended by final expedited rulemaking at 26 A.A.R. 3147, effective 12/3/2020.