SENATE MEMORIAL 21

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Peter Wirth

A MEMORIAL

REQUESTING THAT THE ATTORNEY GENERAL CREATE A DRIVER AND HIGHWAY SAFETY TASK FORCE TO ASSESS THE NEED FOR BETTER TESTING OF DRIVER ABILITY, TO STUDY SOLUTIONS TO IMPROVING DRIVER AND HIGHWAY SAFETY AND TO ADDRESS THE PROBLEMS POSED BY LOSS OF THE DRIVING PRIVILEGE.

     WHEREAS, New Mexico law currently requires vision checks annually only for a driver age seventy-five years or older; and

     WHEREAS, other tests of sensory ability, motor skills, perception and reflexes are not required at any age; and

     WHEREAS, under New Mexico law, a person could drive for decades without ever having to demonstrate the ability to drive safely; and

     WHEREAS, driving ability may diminish with age or with changes in response to other circumstances; and

     WHEREAS, a person originally issued a license does not have to retest upon becoming incapacitated; and

     WHEREAS, families who become concerned about the driving ability of a loved one may have difficulty signaling authorities that the driving skills of that loved one may have diminished; and

     WHEREAS, as the baby boomer generation begins to age, a large population of elderly drivers may need closer observation and testing; and

     WHEREAS, as New Mexico highways are improved and as speeds on New Mexico highways increase, drivers with diminished capacity because of age or other circumstances can threaten the lives of more people who share the highways; and

     WHEREAS, the loss of the driving privilege in a state with little public transportation is a major barrier to independence and social mobility; and

     WHEREAS, other states employ a wide variety of checks on the privilege of driving, including annual requirements for driver testing for persons beyond a certain age; and

     WHEREAS, other states provide reporting mechanisms that protect people who report a potentially dangerous driver; and

     WHEREAS, in other states, public transportation solutions exist to address the problems of independent living without a car and declining driving ability; and

     WHEREAS, young persons who begin driver education training may be allowed to drive prior to any training whatsoever; and

     WHEREAS, the effectiveness of regulations governing standards, curriculum and credentials of driver education classes deserves careful examination;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the attorney general be requested to appoint a driver and highway safety task force to study changes needed in the Motor Vehicle Code to address driver and highway safety and to propose legislation for making those changes and for addressing the problems raised by the loss of driving privileges; and

     BE IT FURTHER RESOLVED that the attorney general be requested to convene the driver and highway safety task force by August 2009 and report its solutions in the form of proposed legislation to the appropriate legislative interim committee by September 2010; and

     BE IT FURTHER RESOLVED that the attorney general be requested to include representatives of the medical community, advocacy groups for retirees, young persons and persons with disabilities, as well as the malpractice bar and the director of the motor vehicle division of the taxation and revenue department, in the membership of the driver and highway safety task force; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the attorney general; the American association of retired persons; the protection and advocacy system in Albuquerque; youth development, incorporated, in Albuquerque; the secretary of public education; the director of the motor vehicle division of the taxation and revenue department; and the New Mexico medical association.

- 4 -