(a) A "good driving
record" as that term is used in L. 1989, Ch. 33, Sec. 1, shall mean that a
person has not been involved in a motor vehicle accident, convicted of any
moving violation as defined in
K.A.R. 92-52-9 and amendments, placed on
diversion on a charge of a moving violation, or subject to adverse
administrative action, resulting in suspension, revocation, restriction,
denial, cancellation or non-renewal in Kansas or in any other jurisdiction
during the immediately preceding three years.
In determining whether an individual has a "good driving
record," consideration shall not be given to any person's previous failure to
meet the 20/60 acuity standard of K.A.R. 92-52-1 and amendments. The standard
for determining whether an individual has a "good driving record" shall not
apply to any person who has never held a Kansas driver's license or permit or
to any person who has never unlawfully operated a vehicle in Kansas without a
Kansas driver's license or permit.
(b) Criteria to determine whether a person
"can safely operate a vehicle" as that term is used in L. 1989, Ch. 33, Sec. 1
shall include:
(1) A statement by the
person's opthalmologist or optometrist that there is no reason to believe that
the person's eyesight would preclude that person from operating a vehicle;
(2) a determination by both the
director of vehicles and the Kansas medical advisory board that there is no
reason to believe that the person's eyesight would preclude that person from
operating a vehicle. The director of vehicles or the medical advisory board may
require the person to submit to additional tests as they may in their
discretion deem necessary to make a determination; and
(3) an actual test of the person's driving
ability by an examiner employed by the division of vehicles at a time and place
arranged by the director. Each test shall be performed by an examiner who has
training and experience in testing a visually-impaired driver. Each person
shall comply with sections (b) (1) and (2) before a driving test will be
administered. A person shall not be permitted to take a driver's test if the
examiner has cause to believe that allowing the person to drive may be
potentially hazardous to the safety of themselves or others.
(c) Each person shall use the form
provided by the division for the doctor's statement required in section (b)
(1). A person may be required by the division to provide the following
information:
(1) Static visual acuity;
(2) visual fields;
(3) diagnosis of visual condition and
prognosis;
(4) recommendation as
to the extent of driving privileges to be permitted; and
(5) recommendations as to the need for and
frequency of periodic reporting to the division of the status of the person's
visual condition.
Notes
Kan. Admin. Regs. §
92-52-12
Authorized by
K.S.A. 8-234b(d); implementing L.
1989, Ch. 33, Sec. 1 and 2; effective Feb. 26, 1990.
