1 CCR 204-26
DEPARTMENT OF REVENUE Division of Motor Vehicles MEDICAL EXAM/RE-EXAM TESTING RULES 1 CCR 204-26 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ These rules define when a departmental action may be commenced on either a medical exam or re-exam for a driver. The department has the responsibility to determine which departmental action to initiate under § 42-2-111, § 42-2-112, and § 42-2-104, CRS.
A. RECEIPT OF INFORMATION REGARDING A DRIVER WHO MAY NEED A RE-TEST OR MEDICAL EXAM.
1. Driver Control/Traffic Records Section may receive information regarding a driver who may need to be re-tested to determine his/her driving ability, or may also receive information regarding the physical ability of someone to drive a motor vehicle. This includes not only a road test but also a written test. A re-exam is only taken if the person has a valid Colorado license.
a. The Section may receive information from the following four sources:
B. PENDING MEDICAL CANCEL AND DENY: NOTICE AND PROCEDURE 1. If a driver is pending a medical cancel and deny, he/she is noticed by a letter sent by the department and has 30 days to get an approved DR2401, “Confidential Medical/Eye Exam Report,” to Driver Services in order to stop the pending action. If the approved Code of Colorado Regulations 1 medical is not received, the driver is canceled and denied until the driver meets the reinstatement requirements. The DR2401 must be within 90 days of the effective date of the departmental action.
2. If a driver is pending a re-exam, he/she is noticed by a letter sent by the department and has 20 days to take a re-exam (written, eye, and drive test) from a full service driver license office. If he/she does not appear during the 20-day period, his/her driving privilege is canceled and denied. If he/she appears but does not pass the re-exam, he/she may request a 60-day permit. The driver has to pass the re-exam during the 60 days the permit is valid or his/her driving privilege will be canceled and denied.
C. RE-EXAMS AND ACCIDENTS:
1. If a person is involved in a fatal accident and it is determined the person was at fault, the department will start a pending action for a re-exam. ( § 42-2-111 (3) (b) CRS). If a driver is pending a re-exam, he/she is noticed by a letter sent by the department and has 20 days to take a re-exam (written, eye, and drive test) from a full service driver license office. If he/she does not appear during the 20-day period, his/her driving privilege is canceled and denied. If he/she appears but does not pass the re-exam, he/she may request a 60-day permit. The driver must pass the re-exam during the 60 days the permit is valid or his/her driving privilege will be canceled and denied.
2. If a driver is involved in two accidents within a three-year period and is convicted on a moving violation for both accidents, the person must take a re-exam. If a driver is pending a re- exam, he/she is noticed by a letter sent by the department and has 20 days to take a re- exam (written, eye, and drive test) from a full service driver license office. If he/she does not appear during the 20-day period, his/her driving privilege will be canceled and denied. If he/she appears but does not pass the re-exam, he/she may request a 60-day permit. The driver must pass the re-exam during the 60 days the permit is valid or his/her driving privilege is canceled and denied.
D. MENTAL CANCEL AND DENIALS The only time Driver Services will cancel and deny for mental reasons is if the court enters an order stating the person has been determined or adjudged by a court of competent jurisdiction to be afflicted with or suffering from any mental disability in accordance with §42-2-104 (2) (d), CRS.
_________________________________________________________________________ Editor’s Notes History Code of Colorado Regulations 2