Rule 375-3-5-.09 - Medical Review Procedures for Persons Believed to be Incompetent or Unqualified(1) No license shall be issued to or retained by any person who is unable to safely operate a motor vehicle due to: (a) a disorder characterized by lapses of consciousness;(b) a mental or physical disability affecting the ability to drive safely; or(c) an addiction to alcohol or drugs to the extent that such person is incompetent to operate a motor vehicle.(2) Upon receipt of a report that a person with a disability or disorder defined in paragraph (1) (a) through (c) may be unqualified to be licensed, the Department may obtain the advice of the Driver License Advisory Board. Such review by the Driver License Advisory Board may also be requested by the licensee. The Board may base its advice on records and reports provided by the department, an examination and report made by a Board member or other qualified person designated by the Board, or a written report provided by a licensed physician chosen by licensee. The submission of such reports shall be without expense to the State or the Department.(3)(a) Whenever the Department has good cause to believe a licensee is incompetent or unqualified to safely operate a motor vehicle, the licensee shall be required to submit to an examination at the nearest driver's license facility within ten (10) days of receipt of written notice from the Department. Based upon the results of the examination, the Department may revoke the license or issue a license with the appropriate restrictions. If the licensee does not comply with the Department's request to submit to an examination, then the driver's license shall be revoked.(b) Whenever the Department receives a Request for Driver Review (form DDS-270), the Department shall conduct an investigation to determine whether the licensee is qualified to be licensed.(i) After the completion of said investigation, the Department shall determine whether there is evidence to support the allegation that the licensee is unqualified to be licensed. If the investigation does not substantiate the allegations, no further action shall be taken by the Department.(c) If the Department shall determine that there is evidence to support the allegation that the licensee is unqualified to be licensed, the Department shall send the licensee a notice containing the following information:(i) That a licensee unable to drive safely due to a disability and/or disorder as provided in paragraph (1)(a) through (c) may not retain a driver's license under Georgia Law;(ii) That a question has arisen as to the licensee's capacity to drive;(iii) That enclosed medical report forms must be completed by a licensed physician of the licensee's choice and returned by the physician directly to the Department within thirty (30) days of receipt;(iv) That, after review of the medical reports, the Department will make a determination of whether to allow such licensee to retain their driver's license, add restrictions to their driver's license, or impose a revocation of the license;(v) That the letter may be considered that licensee's authority to drive pending subsequent notification from the Department of Driver Services that their driver's license has been retained, retained with restrictions, or revoked;(vi) That, should the licensee fail to submit completed medical reports to the Department within thirty (30) days, their driver's license shall be revoked and they shall be deemed to have waived their right to appeal the revocation of the driver's license.(4) If the Department has not received completed medical reports from the licensee within thirty (30) days, their driver's license shall be revoked and they shall be deemed to have waived their right to appeal or otherwise contest the revocation.(5) The Department may, upon good cause shown, extend the time periods established above. The Department's decisions in this regard shall be final and not subject to review.(6) After receipt of the recommendation of the Driver License Advisory Board, where applicable, and any other pertinent information, the Department shall notify the licensee, by mail, of the retention, retention with restrictions, or revocation of his driver's license. As the Department is authorized by statute to impose any restrictions which it may determine are appropriate to assure the safe operation of any motor vehicle by the licensee, no appeal shall be granted regarding the Department's decision to impose restrictions on a person's driver's license. If the driver's license is revoked, the licensee may appeal that revocation as provided hereinafter.(7) The licensee may, within fifteen (15) days of receipt of notice of revocation, request a hearing by a designated hearing officer of the Department. Such request must be made in accordance with the appeal requirements in Ga. Comp. R. & Regs. R. 375-1-1-.06 and received by the Department within the 15-day period specified. If no request for hearing is received within the 15-day time period, the licensee shall be considered to have waived their right to a hearing and to appeal the revocation of their driver's license. The notice of revocation shall advise the driver of this requirement.(8) The hearing and appeal procedures shall be as specified in Ga. Comp. R. & Regs. R. 375-1-1-.06.(9) The department is authorized to revoke the license of a licensee without a preliminary examination or hearing upon a recommendation by a court or prosecutor, or upon a showing by the records of the department, that the licensee is unable to drive safely due to a disability and/or disorder as provided in paragraph (1)(a) through (c).(10) Once a licensee is found to be physically and/or mentally qualified, the Department shall require such person to present an application for a new license and complete the applicable knowledge and/or skills tests for issuance of a driver's license. Any person who fails an applicable skills or knowledge test may make another attempt at such test in the time intervals established in Ga. Comp. R. & Regs. R. 375-3-1-.12. Notwithstanding the foregoing, if a person successfully completes the knowledge test(s) but does not take or fails the applicable skills test(s), they may be issued an instructional permit in the applicable license class.Ga. Comp. R. & Regs. R. 375-3-5-.09
O.C.G.A. §§ 40-5-1(16), 40-5-4, 40-5-34, 40-5-35, 40-5-59, 40-5-62(a)(4).
Original Rule entitled "Incapacitated Drivers; Procedure" adopted. F. Apr. 18, 2006; eff. May 8, 2006.Amended: F. Mar. 30, 2012; eff. Apr. 19, 2012.Amended: New title "Medical Review Procedures for Persons Believed to be Incompetent or Unqualified." F. Aug. 12, 2020; eff. Sept. 1, 2020.