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F I S C A L I M P A C T R E P O R T

SPONSOR SJC

DATE TYPED 3/09/05

HB

SHORT TITLE Temporary License Night Driving Requirements

SB CS/400/aSFl#1

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

Minimal

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of Senate Floor Amendment #1

Senate Floor Amendment #1 allows an applicant for a restricted provisional license to submit a

report from a licensed ophthalmologist or optometrist, rather than just an optometrist.

Synopsis of Original Bill

The Senate Judiciary Committee substitute for Senate Bill 400 allows an applicant for a provi-

sional driver’s license who cannot drive at night due to low nighttime vision to be exempted

from the night driving requirements. The applicant must submit an ophthalmologic or optomet-

ric report from a licensed optometrist who attests to the applicant’s condition. Such provisional

license will limit the driver to daylight hours.

Significant Issues

Current law does not give the Motor Vehicle Division (MVD) the authority to issue restricted

provisional licenses, which presents a problem for an individual learning to drive who may have

low night vision. This bill provides a process, consistent with MVD’s existing procedures for

assessing health conditions, to issue provisional licenses to drivers with low night vision.

On page 2, the bill requires the applicant to submit “an ophthalmologic or optometric report from

a licensed optometrist who attests to the applicant’s visual condition and its effect on the appli-

Senate Bill CS/400/aSFl #1 -- Page 2

cant’s driving ability.” Should this read “…a licensed ophthalmologist or licensed optometrist”.

FISCAL IMPLICATIONS

The bill may result in minor cost increases to the MVD of the Taxation and Revenue Department

(TRD) to update its processes for issuing provisional licenses.

TECHNICAL ISSUES

The bill implies that either an ophthalmologist or an optometrist may provide the necessary re-

port to attest to an applicant’s visual condition by referencing an “ophthalmologic or optometric

report.” However, the bill only specifically authorizes the report to come from an optometrist.

Optometrists are professionally trained and licensed by the regulation and licensing department

to examine eyes for visual defects, diagnose problems or impairments, and prescribe corrective

lenses.

Ophthalmologists are physicians who specialize in the anatomy, functions, pathology and treat-

ment of the eye.

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