No. 35632 (5-year Review): Rule R708-7. Functional Ability in Driving: Guidelines for Physicians

DAR File No.: 35632
Filed: 01/09/2012 08:46:59 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 53-3-224 outlines the process for filing a petition for hearing or judicial review of a decision made by the Division. Section 53-3-303 directs the Driver License Division to create a Medical Advisory Board in order to make recommendations for medical standards and guidelines to address conditions that may impact an individual's ability to safely operate a motor vehicle. The board is also directed to function in an advisory capacity to review decisions made by the Division in reference to an individual's privilege to drive. Section 53-3-304 directs the Driver License Division to review physical, mental, and emotional ability of drivers based on information submitted by a health care professional, and to issue restricted driving privileges when appropriate. 49 CFR 391-43 is the federal mandate which outlines medical requirements for commercial driver license applicants and the process for issuance of a DOT medical card.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written public comment was received in reference to this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is necessary in order to establish standards and guidelines to assist health care professionals in determining who may be impaired, the responsibilities of the health care professionals, and the driver's responsibilities regarding their health as it relates to highway safety. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY, UT 84119-5595

Direct questions regarding this rule to:

• Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at [e-mail]

Authorized by:

Lance Davenport, Commissioner

Effective:

01/09/2012

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