DAR File No. 41133

Public Safety, Driver License

Rule R708-7

Functional Ability in Driving: Guidelines for Physicians

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 41133
Filed: 01/08/2017 11:48:09 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Subsection 53-3-104(13), which requires the Division to make rules to provide administrative support to the Driver License Medical Advisor Board created in Section 53-3-303. This rule interprets Section 53-3-303, which directs the Driver License Division to create a Medical Advisory Board in order to make recommendations for medical standards and guidelines to address conditions that may impact an individual's ability to safely operate a motor vehicle. The Board is also directed to function in an advisory capacity to review decisions made by the Division in reference to an individual's privilege to drive. This rule interprets Section 53-3-304, which directs the Driver License Division to review physical, mental, and emotional ability of drivers based on information submitted by a health care professional and to issue restricted driving privileges when appropriate. 49 CFR 391.43 is a federal mandate which outlines medical requirements for commercial driver license applicants and the process for issuance of a DOT medical card.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written public comment was received either supporting or opposing this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is required by Subsection 53-3-104(13). This rule interprets Section 53-3-303 and Section 53-3-304 as it outlines the responsibilities of the driver, health care professional, and Medical Advisory Board with regards to health and driving. The rule establishes guidelines for licensing drivers who have a mental, emotional, or physical condition that might impair their ability to safely operate a motor vehicle. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY, UT 84119-5595

Direct questions regarding this rule to:

• Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov

Effective:

01/08/2017

Authorized by:

Chris Caras, Director