Section 2.90.440. Medical standards.

	(a)  The department will not issue a driver's license to a person who has had an uncontrolled seizure or an episode of loss of conscious control as a result of a medical condition. A person who has a driver's license and who has had an uncontrolled seizure or an episode of loss of conscious control as a result of a medical condition must surrender that person's driver's license to the department. The department may grant a new driver's license or reissue a license to a person who has had a seizure or an episode of loss of conscious control after receiving a statement from a physician licensed to practice medicine. The physician must state, in writing, that the  
		(1) physician is aware of the circumstances that led to the cancellation or denial of the applicant's driver's license; and  
		(2) applicant  
			(A) has been seizure or episode-free for six months;  
			(B) has the condition under control; and  
			(C) can safely operate a motor vehicle.  
	(b)  The department will not issue a driver's license to a person with a condition that may result in a seizure or loss of conscious control, including traumatic brain injury, cerebral strokes, neurological, cardiovascular and hypertension disorders, unless a physician licensed to practice medicine states, in writing to the department, that the applicant or licensee has the condition under control and can safely operate a motor vehicle. The department will not issue a commercial driver's license to a person with a disqualifying medical condition under 49 C.F.R. Part 391, Subpart E (physical qualifications and examinations), revised as of October 1, 2013 and adopted by reference.  
	(c)  The department will not issue a driver's license to a person with emotional or mental disorders, unless a licensed physician, psychologist, or psychiatrist states, in writing to the department, that the applicant or licensee has the condition under control and can safely operate a motor vehicle.  
	(d)  The department will not issue a Class D driver's license to a person with a progressive disease or condition that diminishes the person's cognitive or physical abilities, unless a licensed physician or neurologist states, in writing to the department, that the applicant or licensee has the condition under control and can safely operate a motor vehicle. The department may limit the hours of driving or require special vehicle restrictions before the license will be issued. The department will not issue a commercial driver's license to a person with a disqualifying progressive disease or condition under 49 C.F.R. Part 391, Subpart E (physical qualifications and examinations), adopted by reference in (b) of this section.  
	(e)  The department may require a semi-annual neurological or physical examination to ensure that a licensee's physical or mental condition remains under control.  
	(f)  An applicant for a driver's license must meet the following visual standards:  
		(1) a person with vision of 20/40 or better in each eye or both eyes together will receive a driver's license without restrictions in regard to corrective lenses, unless a medical or other problem affecting that person's vision exists;  
		(2) a person with vision of 20/40 or better in each eye or both eyes together only with use of corrective lenses will be restricted to driving with corrective lenses;  
		(3) a person who, with the best possible corrections in both eyes together, has vision of at least 20/50 but no worse than 20/100 will be required to be examined by an optometrist or other eye specialist; if the report states that the person's vision cannot be improved, all data will be reviewed by the department; after the review, the department may issue a Class D license with restrictions that include driving limitations as to time of day, type of vehicle, specific area, speed, and other limitations considered necessary by the department; the department will only issue a commercial driver's license to a person whose best possible corrections in both eyes together is 20/40 or better;  
		(4) the department will only issue a driver's license to a person whose best possible corrections in both eyes together is 20/100 or better;  
		(5) a person with monocular vision may be issued a Class D license if the vision in the good eye meets the standards of the department; the department may impose restrictions requiring outside rearview mirrors, one mounted on each side of the vehicle, on persons with monocular vision; the department will not issue a commercial driver's license to a person with monocular vision, except that the department will issue an intrastate commercial driver's license to a person with monocular vision who  
			(A) meets the driver's licensing standards set out in AS 28.33  and this chapter; and  
			(B) possesses an approved medical waiver issued to that person in accordance with the provisions of 17 AAC 25.210(a)(5);  
		(6) a person with color blindness will not be denied a Class D license for that reason; the department will not issue a commercial driver's license to a person unable to meet the color vision standards under 49 C.F.R. 391.41, adopted by reference in (b) of this section, unless the person provides a valid medical card with a vision waiver issued by the Department of Transportation and Public Facilities; a person presenting a vision waiver will be restricted to an intrastate license;  
		(7) a person wearing telescopic or compound lenses whose field of vision is less than 60 percent will not be issued a Class D license, unless the person is able to meet the requirements for visual acuity without the aid of the lenses; if the person's field of vision is between 60 percent and 90 percent, the department may require outside rearview mirrors; the department will not issue a commercial driver's license to a person wearing telescopic or compound lenses whose field of vision is less than 70 percent;  
		(8) a person with a progressive eye disease or condition, such as cataract, glaucoma, iritis, nystagmus, or other disease affecting vision or visual fields, will not be issued a Class D driver's license, unless a licensed physician states, in writing to the department, that the condition will not affect the person's ability to drive safely; if licensed, future periodic vision reports must be submitted to the department by the person's physician until the condition is cured or stabilized; the department will not issue a commercial driver's license to a person with a progressive eye disease or condition;  
		(9) the department will require annual visual examination of a person with a progressive eye disease or condition to ensure that the licensee's vision meets the standards set out in this section.  
	(g)  A person who is deaf, or wears hearing aids, will not be denied a driver's license for that reason. However, the department may issue that person a driver's license with a restriction requiring outside rearview mirrors, one mounted on each side of the vehicle. The department will not issue a commercial driver's license to a person who is unable to meet the hearing standards under 49 C.F.R. Part 391, Subpart E (physical qualifications and examinations), adopted by reference in (b) of this section.  
	(h)  Except as provided in this subsection, the department will not issue a driver's license to a habitual user of alcohol. The department may issue a driver's license to a habitual user of alcohol under the following conditions:  
		(1) the department may grant a new driver's license or reissue a license to a person who has been identified as a habitual user of alcohol, as defined in (j) of this section, with the restriction that the person may not operate a motor vehicle after consuming any quantity of alcohol; the department may issue the restricted license if  
			(A) verification is received that the person has the drinking problem under control; verification of control of the drinking problem may be provided by a physician licensed to practice medicine or proof of completion of a state approved alcohol rehabilitative treatment program that meets the criteria established by AS 28.35.028;  
			(B) the person agrees, in writing,  
				(i) not to operate a motor vehicle after consuming any quantity of alcohol until the alcohol has been completely eliminated from the person's body;  
				(ii) to submit to breath testing if a peace officer has reasonable suspicion to believe that the person is violating the restriction imposed on the license; and  
				(iii) that refusing to submit to breath testing will result in the cancellation of the license;  
		(2) the department may cancel the person's driver's license upon receiving a report from a law enforcement agency of an offense of the limitation; if a license issued under this subsection is cancelled, the person will be eligible for a reevaluation after one year to determine if the person's driving privileges may be restored.  
	(i)  Except as provided in this subsection, the department will not issue a driver's license to a person who is a habitual user of drugs to a degree that renders the person incapable of safely driving a motor vehicle. The department may issue a driver's license to a habitual user of drugs under the following conditions:  
		(1) the department may grant a new driver's license or reissue a license to a person who has been identified as a habitual user of drugs, as defined in (j) of this section, with the restriction that the person may not operate a motor vehicle after consuming any quantity of controlled substances; the department may issue the restricted license if  
			(A) verification is received that the person has the drug abuse problem under control; verification of control of the substance abuse problem may be provided by a physician licensed to practice medicine or proof of completion of a state approved drug rehabilitative treatment program that meets the criteria established by AS 28.35.028;  
			(B) the person agrees, in writing,  
				(i) not to operate a motor vehicle after consuming any quantity of controlled substance until the controlled substance has been completely eliminated from the person's body;  
				(ii) to submit to urine testing if a peace officer has reasonable suspicion to believe that the person is violating the restriction imposed on the license; and  
				(iii) that refusing to submit to urine testing will result in the cancellation of the license;  
		(2) the department may cancel the person's driver's license upon receiving a report from a law enforcement agency of an offense of the limitation; if a license issued under this subsection is cancelled, the person will be eligible for a reevaluation after one year to determine if the person's driving privileges may be restored.  
	(j)  In this section, "habitual user" is a person with three or more alcohol or drug related convictions under AS 28.15.181(a)(1), (5), or (8), AS 28.33.030 or AS 28.33.031 within a five-year period.  

Authorities

28.05.011;28.15.031;28.15.081

Notes

Reference

2 AAC 90.220
2 AAC 90.420

Authority

AS 28.05.011 AS 28.15.031 AS 28.15.081

History

Eff. 7/1/2006, Register 178; am 5/21/2009, Register 190; am 1/1/2011, Register 196; am 10/10/2014, Register 212