Vision requirements -- Daylight driving only and outside mirrors each side restricted licenses

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    (a)    The Administration may only issue a restricted Class C noncommercial driver’s license to an applicant who does not otherwise meet the vision standards under § 16–110.1 of this subtitle but:

        (1)    Has simultaneously:

            (i)    A visual acuity of worse than 20/70, but no worse than 20/100, in one or both eyes as determined by the Administration in consultation with the Medical Advisory Board; and

            (ii)    A continuous field of vision of at least 110 degrees and with at least 35 degrees lateral to the midline of each side; and

        (2)    Is recommended for consideration for licensure by the applicant’s licensed ophthalmologist or optometrist in accordance with subsection (b) of this section and regulations of the Administration concerning limited vision licenses.

    (b)    The ophthalmologist’s or optometrist’s recommendation for an applicant seeking a license under this section shall be based on the best standard spectacle or contact lens correction in the applicant’s better eye.

    (c)    (1)    The Administration shall refer any application for a license under this section to the Medical Advisory Board appointed under § 16–118 of this subtitle for review.

        (2)    Unless the Medical Advisory Board determines that it can make a favorable recommendation to the Administration based on the record before it, the Board shall offer the applicant an opportunity to appear before the Board to present medical information pertinent to the Board’s review.

        (3)    An applicant who chooses to appear before the Medical Advisory Board may be accompanied by the applicant’s ophthalmologist or optometrist or by any other individual to assist the applicant in presenting pertinent medical information to the Board.

        (4)    An appearance before the Medical Advisory Board is not a matter subject to the contested case provisions under Title 10, Subtitle 2 of the State Government Article.

    (d)    (1)    An applicant seeking a license under this section shall successfully complete a driver’s training course in accordance with regulations of the Administration.

        (2)    The required driver’s training course:

            (i)    Shall consist of at least 20 hours; and

            (ii)    May vary based on an applicant’s previous driving experience or the driver trainer’s recommendation.

        (3)    If the ophthalmologist or optometrist recommends that the applicant use a bioptic telescopic lens while driving, the Administration may require additional driver’s training using the bioptic telescopic lens.

    (e)    (1)    A license granted under this section:

            (i)    Shall be endorsed “outside mirrors each side”;

            (ii)    Subject to subsection (f) of this section, shall be endorsed “daylight driving only”; and

            (iii)    May be subject to additional restrictions imposed by the Administration, based on recommendations of the applicant’s ophthalmologist or optometrist, or any other evaluation that the Administration determines appropriate.

        (2)    Restrictions that may be imposed under paragraph (1)(iii) of this subsection include:

            (i)    Type of highways where the licensee may drive;

            (ii)    Maximum speed limits under which driving is allowed;

            (iii)    Maximum driving distances; and

            (iv)    Other factors that the Administration determines appropriate.

        (3)    A license endorsed “daylight driving only” authorizes the licensee to operate a motor vehicle only during the period beginning one–half hour after sunrise and ending one–half hour before sunset.

    (f)    (1)    An individual licensed under this section may apply to eliminate the daylight only restriction if the individual:

            (i)    Has been licensed under this section for at least 1 year;

            (ii)    During the previous year, has not committed a traffic infraction or been involved in a traffic accident where the licensee was at fault;

            (iii)    Has passed a nighttime vision test prescribed by the Administration; and

            (iv)    Has received a driver’s training certificate based on nighttime driving skills, from an entity that the Administration has determined is qualified to evaluate drivers under this section.

        (2)    Before the elimination of the daytime only restriction, an applicant who meets the requirements of paragraph (1) of this subsection shall pass a nighttime driving test administered by at least two Administration examiners.


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