D.C. Mun. Regs. r. 18-106

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 18-106 - SPECIAL PHYSICAL REQUIREMENTS AND EXAMINATIONS: PERSONS WITH DIABETES, SEIZURE DISORDERS, ALTERATION OR LOSS OF CONSCIOUSNESS, AND HEARING IMPAIRMENT
106.1

A diabetic furnishing data showing the following may be issued a license without qualification, except as provided in this section:

(a) Approval of vision by an ophthalmologist or optometrist in the form of a Diabetic Eye Report, furnished by the Director which shall include visual acuity, field vision, and testing to determine the presence of retinitis, cataracts, or glaucoma;
(b) Approval of health by a licensed medical practitioner in the form of a Diabetic Medical Report furnished by the Director indicating the following:
(1) The extent to which the disease is controlled;
(2) Whether the individual is reliable in following a prescribed medical or dietary regime;
(3) Whether insulin is required; and any past medical history of coma or altered consciousness; And
(4) Any past medical history of coma or altered consciousness.
106.2

A diabetic who meets the requirements of § 106.1, who is seventy (70) years of age or over, or who is between sixteen (16) and twenty-five (25) years of age and is applying for his or her first license in any jurisdiction, will be referred to the Department of Motor Vehicles' Driver Services Administrator for review and approval prior to the issuance of a license or permit.

106.3

A diabetic who fails to furnish data meeting the requirements of § 106.1 may be issued a license or permit, but the case shall be referred to the Department of Motor Vehicles' Driver Services Administrator for review and approval prior to the issuance of a license or permit.

106.4

If the reports indicate satisfactory control of the diabetes and do not show diabetic eye pathology, no further medical or vision reports are required until license renewal.

106.5

If either the vision or medical report suggests the probability of rapid progress of the disease, or if the vision is compromised, reports may be requested at shorter intervals.

106.6

Forms furnished to diabetic applicants and licensees shall clearly state the conditions described in this section.

106.7

An applicant receiving treatment for episodes of altered consciousness or seizures may be issued a driver's license if, in addition to meeting all other requirements of this chapter, the applicant annually furnishes the Director with a licensed medical practitioner's certificate indicating the following:

(a) That the licensed medical practitioner has knowledge of the seizure history of the applicant;
(b) That, in the licensed medical practitioner's professional opinion, the applicant can operate a motor vehicle safely so as not to endanger life and property; and
(c) That the applicant has not experienced an altered state of consciousness within the preceding twelve (12) months.
106.8

The annual licensed medical practitioner's certificate shall no longer be required after a five (5) year period of freedom from seizures.

106.9

An applicant shall be required to sign an affidavit that he or she has had no seizure or altered consciousness in the year immediately preceding the date of the application. If a seizure or episode of altered consciousness has occurred within a shorter period of time than one (1) year, the applicant may be considered for a license, at the discretion of the department's medical officer, if he or she meets one of the following requirements:

(a) The applicant has had a "single episode" loss of consciousness of controllable etiology;
(b) The seizure resulted from the recommendation of a licensed medical practitioner to discontinue the use of medication because of other medical or surgical considerations; or
(c) The seizures are nocturnal seizures and clearly documented to occur only at night.
106.10

An applicant with a seizure disorder may be required to sign a similar affidavit every twelve (12) months when the licensed medical practitioner's certificate is not required. If the applicant fails to file an affidavit, the applicant's license shall be revoked until the applicant furnishes the Director with evidence that the applicant is physically qualified within the meaning of this section.

106.11

Persons who are hard of hearing or who are totally deaf may operate a motor vehicle only if the vehicle is equipped with a properly positioned outside mirror on the left side of the vehicle.

106.12

Any permittee who develops a physical condition covered by this section shall, within thirty (30) days of learning of the condition, appear at the Department, in accordance with the following:

(a) Any permittee who develops diabetes shall furnish the medical report required by § 106.2, and shall be referred to the Department of Motor Vehicles' Driver Services Administrator if required by §§ 106.2 or 106.3; or
(b) Any permittee who experiences a loss of consciousness or a seizure shall furnish a medical report that meets the requirements of §§ 106.7 or 106.9.
106.13

Following review of the permittee's medical condition, the Director may either allow the license to remain in place, reissue the license with conditions necessary to ensure the safety of individuals and property, or revoke the license if the person is not physically qualified to operate a motor vehicle in a manner not to jeopardize the safety of individuals or property.

106.14

Failure to appear when required by § 106.12 may be grounds for revocation pursuant to § 302.2.

106.15

The Director may suspend a driver's permit if more time is required to evaluate a permittee and may, in his or her discretion, issue a temporary license to a permittee if consistent with public safety.

D.C. Mun. Regs. r. 18-106

Final Rulemaking published at 48 DCR 3071 (April 6, 2001); as amended by Final Rulemaking published at 50 DCR 4401 (June 6, 2003); as amended by Final Rulemaking published at 50 DCR 5986 (July 25, 2003); amended by Final Rulemaking published at 64 DCR 12090 (11/24/2017)