§ 42-2-111 — Examination of applicants and drivers - when required

(1) (a) The
department shall examine every applicant for a driver's or minor driver's license.
The executive director of the department, in the director's discretion, may conduct
the examination in any county convenient for the applicant. The examination shall
include a test of the applicant's eyesight, his or her ability to read and understand
highway signs that regulate, warn, and direct traffic, and his or her knowledge of
the traffic laws of this state, an actual demonstration of the applicant's ability to
exercise ordinary and reasonable care and control in the operation of a motor
vehicle, and such further physical and mental examination as the department finds
necessary to determine the applicant's fitness to operate a motor vehicle safely
upon the highways; except that an applicant seeking renewal of a driver's license
by mail under section 42-2-118 need only submit the information required by that
section.

(b) The department, in issuing the drivers' licenses for certain types or
general classes of vehicles, may waive any examination required by paragraph (a)
of this subsection (1) for applicants and may certify certain employers,
governmental agencies, or other appropriate organizations to train and examine all
applicants for such certain types or general classes of licenses, if such training and
examination is equal to the training and examination of the department.

(2) Repealed.

(3) (a) If the department has evidence that indicates that a licensed driver or
minor driver is incompetent or otherwise not qualified to be licensed, it may, upon
written notice of at least ten days to the licensee, require such driver to submit to
an examination.

(b) If a fatal motor vehicle accident involving one or more licensed drivers or
minor drivers occurs, the department, if deemed appropriate, shall mail a written
notice to all such drivers involved in the accident requiring such drivers to submit to
examination. If the department has not mailed a written notice to any driver
involved in a fatal accident within ninety days after the department receives notice
regarding such accident, the department shall not require an examination of such
driver based upon such accident.

(c) Upon the conclusion of an examination required under this subsection (3),
the department shall take such action as it deems appropriate and may deny,
cancel, suspend, or revoke the license of such person or permit that person to
retain such license subject to the restrictions under section 42-2-116. Refusal or
failure of the licensee to submit to such examination shall be grounds for
suspension or revocation of such person's license. Such decision of the department
shall be reviewed by a court of record upon appeal to that court by the party
aggrieved.

(4) The department shall prepare and print rules, requirements, and
regulations for the mandatory use of license examiners, and the same shall be
strictly adhered to in the examination of all drivers.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2121, � 1, effective January 1, 1995. L. 96: (2) repealed, p. 1203, � 1, effective July 1. L. 97: (1)(a) amended, p. 141, � 1, effective March 28; (3) amended, p. 135, � 1, effective January 1, 1998. L. 99: (1)(a) amended, p. 631, � 47, effective August 4. L. 2000: (1)(a), (3)(a), and (3)(b) amended, p. 1343, � 5, effective July 1, 2001.