Pennsylvania Code (Last Updated: April 5, 2016) |
Title 67. TRANSPORTATION |
PART I. Department of Transportation |
Subpart A. Vehicle Code Provisions |
Article IV. Licensing |
Chapter 83. Physical and Mental Criteria, Including Vision Standards Relating to the Licensing of Drivers |
Section 83.1. Purpose
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Section 1517(b) of the act (relating to medical advisory board) authorizes the Department to adopt physical and mental criteria, including vision standards, for licensing of drivers under Chapter 15 of the act (relating to licensing of drivers). These physical and mental criteria have been formulated by the Medical Advisory Board under the authority of sections 1517 and 1518 of the act (relating to medical advisory board and reports on mental or physical disabilities or disorders). In addition to their use by the Department in connection with its responsibilities under Chapter 15 of the act, these physical and mental criteria shall be used by physicians, chiropractors, CRNPs and physician assistants in conducting physical examinations of applicants for learners permits and drivers licenses and by physicians and other persons authorized to diagnose and treat disorders and disabilities covered in this chapter in determining whether a person examined by the provider should be reported to the Department as having a disorder affecting the ability of the person to drive safely.
The provisions of this § 83.1 adopted May 18, 1979, effective May 19, 1979, 9 Pa.B. 1631; amended April 11, 1986, effective April 12, 1986, 16 Pa.B. 1279; readopted April 19, 1991, effective April 12, 1991, 21 Pa.B. 1813; amended January 23, 1998, effective January 24, 1998, 28 Pa.B. 364; amended October 8, 2010, effective October 9, 2010, 40 Pa.B. 5813. Immediately preceding text appears at serial pages (317845) to (317846).
Notation
The provisions of this § 83.1 amended under the Vehicle Code, 75 Pa.C.S. § § 1508, 1508.1, 1509, 1517, 1518 and 6103.
Private Cause of Action
Estates of motorists killed when hit by car driven by patient who had blacked out due to a seizure disorder, could not seek damages for physicians failure to properly report his patients condition to the Department; the Vehicle Code only requires physicians to provide medical information regarding the conditions of certain licensed drivers to the Commonwealth so it can determine if operating privileges should be revoked, and does not authorize a private cause of action based upon physicians failure to report a drivers condition to Department of Transportation. Hospodar v. Schick, 885 A.2d 986, 989 (Pa. Super. 2005).