Minnesota Administrative Rules

7410.2800 MISCELLANEOUS PHYSICAL OR MENTAL CONDITIONS.

Subpart 1.

Requirements for physician's statement.

When the commissioner has good cause to believe that any of the situations listed in subpart 2 exist, and would adversely affect the driver's or applicant's ability to drive safely, a physician's statement in such form as the commissioner may prescribe shall be required within 30 days, or in such reasonable time that a person may require to obtain a physician's statement. If the physician's statement is not filed, or, if upon review of the statement the commissioner finds that the person cannot drive safely, all driving privileges shall be canceled under authority of Minnesota Statutes, section 171.13, subdivision 4, or Minnesota Statutes, section 171.14, and denied under authority of Minnesota Statutes, section 171.04, subdivision 1, clause (11). The person shall not be issued any driving privileges until the commissioner finds that the person is competent to drive safely.

Subp. 2.

Conditions requiring physician's statement.

Situations covered by subpart 1 are:

A.

use of any medication, whether or not prescribed;

B.

any disease that raises reasonable doubts as to the person's ability to drive safely;

C.

use of alcohol or controlled substances;

D.

lack of physical control, such as that manifested by fainting or a dizzy spell, blackout, or period of unconsciousness;

E.

lack of physical endurance, such as that manifested by a person subject to fatigue, exhaustion, nervous tension, or adverse reaction to monotony;

F.

abnormal reflexes, such as those manifested by persons suffering from cerebral palsy, multiple sclerosis, Parkinson's disease, or similar conditions.

Subp. 3.

Requirements for driver's test.

When the commissioner has good cause to doubt the adequacy of the driver's or applicant's ability to safely operate a vehicle under the conditions listed in subpart 4, a driver's license examination shall be required within 30 days or within such reasonable time that a person may need to obtain a driver's test. If the driver's test is not satisfactorily completed within 30 days, or in such reasonable time as the person may require to obtain an examination, all driving privileges shall be canceled under the authority of Minnesota Statutes, section 171.13, and denied under the authority of Minnesota Statutes, section 171.04. For reinstatement, the commissioner shall require proof of satisfactory completion of the driver's test.

Subp. 4.

Conditions requiring driver's test.

Conditions covered by subpart 3 are:

A.

driving procedures;

B.

judgment of space, time, and motion;

C.

physical strength to operate a vehicle's controls;

D.

physical condition to operate a vehicle.

Statutory Authority:

MS s 171.04; 171.09; 171.13; 171.14

History:

13 SR 980; L 1996 c 455 art 3 s 24; L 1999 c 238 art 2 s 91

Published Electronically:

March 2, 2010