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Q: California Department of Motor Vehicles (DMV) ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: California Department of Motor Vehicles (DMV)
Category: Miscellaneous
Asked by: dawger-ga
List Price: $25.00
Posted: 22 Jul 2005 18:54 PDT
Expires: 21 Aug 2005 18:54 PDT
Question ID: 546808
A 66-year old with a CA drivers license experienced a medical
condition that required the medical authorities to notify the DMV. 
DMV issued a requirement that the driver have a medical doctor assess
her capability, medically, to safely drive.  The doctor ran tests,
determined the condition was not a factor in her driving ability, and
attested to those findings.

The DMV then issued a requirement for a driving test.  (No information
was provided as to the ramifications of failing the driving test.)

The subject individual did a web search to find out the seriousness of
failing such a test.  There appeared in several places on the DMV
website a policy of "you have three chances to pass the test," so
concluded it to be reasonable to go into the test with no particular
efforts to change driving habits.

See http://www.dmv.ca.gov/dl/dl_info.htm for example of "you have
three chances to pass the test."

The subject individual took the driving test as requested, but failed the test.

Based on the test results, the DMV judged the individual as not having
the skills to drive.  (Elsewhere on the DMV website is a list of
conditions to which the DMV may refuse a license, and ?do not have the
skills to drive? is on that list.)  No mention was made of any
additional chances to pass the test.  The only offer made is a hearing
opportunity, in which the individual is allowed to present evidence
countering the department?s finding.

It is possible the "you have three chances to pass the test" applied
to other "experienced driver" situations, such as having a license
issued in another jurisdiction.

The question is, what are the published DMV rules that apply to this situation?
Answer  
Subject: Re: California Department of Motor Vehicles (DMV)
Answered By: justaskscott-ga on 22 Jul 2005 22:09 PDT
Rated:5 out of 5 stars
 
Hello dawger,

As stated in the disclaimer at the bottom of this page, answers and
comments provided on Google Answers are general information, and are
not intended to substitute for informed professional legal advice.

The California Department of Motor Vehicles (DMV) says "You have three
chances to pass" the driving test several times on the page you've
cited, and once more (for minors) here:

"California Driver Handbook - The California Driver License" [under
"Minor's License Requirements"]
California DMV
http://www.dmv.ca.gov/pubs/hdbk/pgs09thru12.htm

On the page you've cited, "You have three chances to pass [the driving
test]" appears in connection with "How to apply for a driver license
if you are over 18," as well as a few other categories.

Perhaps the DMV has taken the position that you are not "applying" for
an original or renewal driver license.  Instead, it might be treating
this as a situation where you are subject to reexamination.

The DMV states elsewhere:

"California law (Vehicle Code Sections 13800, 13801) permits DMV to
investigate and reexamine a person's ability to safely drive a motor
vehicle for a variety of reasons, including information coming to the
department's attention that a person has a physical or mental disorder
that may affect his or her ability to drive safely."

"Driver Safety Information -- Medical Conditions and Traffic Safety --
What can DMV do about a person who may be unable to drive safely due
to a physical or mental condition or disorder?"
California DMV
http://www.dmv.ca.gov/dl/driversafety/dsmedcontraffic.htm#unable

The second of the cited Vehicle Code sections concerns reexamination. 
It does not state whether only one reexamination is appropriate.

"Vehicle Code -- Re-examination by Department" [13801]
California DMV
http://www.dmv.ca.gov/pubs/vctop/d06/vc13801.htm

This is all of the information I have found from the DMV site that
seems to relate to your situation.

- justaskscott


Search strategy --

Browsed and searched DMV site.
dawger-ga rated this answer:5 out of 5 stars
I think the answer was excellent, given the material from which to
search.  It's really the research that I am rating, not the answer.  I
would have preferred an answer that was more definitive as well as
favorable to our cause, but the material did not allow such.

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