Relating to the suspension of a driver’s license issued to a person physically or mentally incapable of safely operating a motor vehicle

Under current law, the department of transportation (DOT) is authorized to establish rules providing for the suspension of a driver’s license upon 30 days’ notice and without preliminary hearing upon a showing by the DOT’s records or other sufficient evidence that, among other things, a licensee is physically or mentally incapable of safely operating a motor vehicle. The DOT is also prohibited from issuing a driver’s license to any person when the DOT has good cause to believe the person by reason of physical or mental disability would not be able to operate a motor vehicle safely. A licensed physician, advanced registered nurse practitioner, physician assistant, or optometrist may report to the DOT the identity of a person who has been diagnosed as having a physical or mental condition which would render the person physically or mentally incompetent to operate a motor vehicle in a safe manner. A license suspended because of a person’s incompetency to drive a motor vehicle must be suspended until the DOT receives satisfactory evidence that the person is competent to operate a motor vehicle. There is no fee required for a person whose driving privileges are reinstated following a suspension due to physical or mental incapability. Current law also authorizes the DOT to issue a special instruction permit to a person with a physical disability, who is not suffering from a convulsive disorder and who can provide a favorable medical report, whose driver’s license has been suspended due to the person being physically or mentally incapable of safely operating a motor vehicle. The special instruction permit entitles the permittee to operate a noncommercial motor vehicle upon the highways for a period of six months from the date of issuance. The permittee must be accompanied by a person who is at least 21 years of age, who has been issued a driver’s license valid for the vehicle being operated, and who is actually occupying a seat beside the permittee. This bill requires the DOT to suspend the driver’s license of a person without preliminary hearing, and without 30 days’ notice as required under current law, if the DOT determines, based on a showing of the DOT’s records or sufficient evidence received by the DOT, the person is physically or mentally incapable of safely operating a motor vehicle. The DOT must give notice to the person that the person’s driver’s license has been suspended by personal delivery to the person, by personal service, or by first class mail addressed to the person at the address shown in the records of the DOT. Notice is deemed given when mailed. Alternatively, a peace officer may, on behalf of the DOT, serve immediate notice suspension on the person. If a peace officer serves immediate notice, the peace officer is required to take the Iowa driver’s license of the person, if any, and send the license to the DOT. In accordance with current law, a driver’s license suspended pursuant to the bill cannot be stayed by the filing of a petition for judicial review.218).