1. (a) When a licensee's traffic record indicates corrective action is needed to protect the motoring public, such action is based upon a predetermined criteria established by the department.

   1. (1) Provisional licensee receives two or more convictions for moving traffic law violations resulting from separate transactions within a consecutive period of 12 months. File petition for administrative hearing.
   2. (2) Four or more convictions for moving traffic violations resulting from separate transactions within a consecutive period of 12 months, or seven or more such convictions within a period of 24 months. File petition for administrative hearing.
   3. (3) One conviction in another state on a charge which provides for automatic suspension of license upon conviction in Texas. File petition for administrative hearing.
   4. (4) Reliable report of the suspension or revocation of the driving privilege on a military base for an offense for which automatic suspension is made upon conviction. File petition for administrative hearing.
   5. (5) Violates a term or condition of probation in an administrative case. File petition for administrative hearing.
   6. (6) Incapable to safely operate a motor vehicle. File petition for administrative hearing or deny issuance.
   7. (7) Has not complied with the terms of a citation issued by a jurisdiction that is a member of the Nonresident Violator Compact of 1977 for a violation to which the compact applies. File petition for administrative hearing.
   8. (8) A reliable report of driving in violation of a restriction or endorsement on driver's license. Investigation or petition for administrative hearing or both.
   9. (9) Reliably reported to be an habitually reckless or negligent driver. Investigation or petition for administrative hearing or both.
   10. (10) Reliably reported to be seriously handicapped or incapable to drive safely. Investigation or examination which may include referral to the medical advisory board or both.
   11. (11) Record would justify suspension under the law. Deny issuance or renewal of license.
   12. (12) Has failed required examination. Deny issuance of license or file petition for administrative hearing.
   13. (13) False statement or other violation of Texas Transportation Code, §521.451. Investigation or file complaint or both.
   14. (14) Record requiring attention but not clearly within a category for definite action. Most appropriate of preventive and corrective actions authorized as determined after thorough analysis of case.
   15. (15) Applicant uses telescopic aid to pass vision exam. Successfully complete a comprehensive road test before licensure.

2. (b) Definition of terms. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Moving violation--Any act committed in connection with the operation of a motor vehicle on a public street or highway which constitutes a hazard to traffic and is prohibited by state law or city ordinance. Does not include violations exempt by statute.
   2. (2) Habitual violator--Any person with four or more convictions arising out of different transactions in a consecutive 12 months, or seven or more convictions arising out of different transactions within a period of 24 months, such convictions being for moving violations of the traffic laws of this state only. Offenses for which automatic suspension of license is provided by law are excluded from this definition.
   3. (3) Provisional violator--Any person under 18 years of age convicted of two or more moving violations arising out of different transactions within a period of 12 months.
   4. (4) Reliable report--Can be introduced as evidence in court.

3. (c) Reexamination of drivers. Guidelines for reexamination are based on traffic record and physical disability.

   1. (1) A minimum of six entries (convictions for moving traffic law violations and accidents where negligence is indicated) in a two-year period with a minimum of three entries within the 12-month period preceding the examination request.
   2. (2) When it is determined by an experienced driver improvement analyst following a review of two or more accident involvements within a 12-month period that the licensee requalify by demonstrating his qualifications for the type license held.
   3. (3) Recommended by proper medical authority following a professional evaluation of the medical facts.
   4. (4) Recommended by an experienced field representative of the department following a thorough investigation showing clear and convincing evidence that such examination is reasonable and necessary.
   5. (5) Comprehensive examinations will normally consist of the vision, rules, and signs tests and driving demonstration. Medical evaluation by the Medical Advisory Board may also be required.
   6. (6) The driving demonstration conducted is to determine if restrictions or limitations should be imposed. The driving performance may be more extensive or intensive than on routine driving test so that persons whose ability appears in doubt are not deprived of license if they can demonstrate ability to drive safely under limited conditions.

4. (d) Educational Program Suspension.

   1. (1) The Department of Public Safety will suspend a person's driver's license, permit, or operating privilege for a period of 365 days when it receives notice that the individual has been required or permitted to attend a subsequent educational program and the court did not order a period of suspension. Effective date of suspension will be seven days from the date of the Department's Suspension Order.
   2. (2) Proof of Financial Responsibility will be required for a period as required by the Safety Responsibility Act. Proof is required from the date of suspension.

Source Note:The provisions of this §15.81 adopted to be effective January 1, 1976; amended to be effective August 15, 1979, 4 TexReg 2679; amended to be effective January 29, 1985, 10 TexReg 174; amended to be effective May 30, 1988, 13 TexReg 2319; amended to be effective September 20, 1990, 15 TexReg 5138; amended to be effective October 24, 1996, 21 TexReg 10218.