Kansas Administrative Regulations

Regulation Number:92-52-12
Agency Title: KANSAS DEPARTMENT OF REVENUE
Article Title: Motor Vehicle Drivers' Licenses
Tax Type:Vehicles
Brief Description:Standards for vision examinations.
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92-52-12 Standards for vision examinations. (a) A ``good driving record'' as that term is used in L. 1989, Ch. 33, Sec. 1, shall mean that a person has not been involved in a motor vehicle accident, convicted of any moving violation as defined in K.A.R. 92-52-9 and amendments, placed on diversion on a charge of a moving violation, or subject to adverse administrative action, resulting in suspension, revocation, restriction, denial, cancellation or non-renewal in Kansas or in any other jurisdiction during the immediately preceding three years.
In determining whether an individual has a ``good driving record,'' consideration shall not be given to any person's previous failure to meet the 20/60 acuity standard of K.A.R. 92-52-1 and amendments. The standard for determining whether an individual has a ``good driving record'' shall not apply to any person who has never held a Kansas driver's license or permit or to any person who has never unlawfully operated a vehicle in Kansas without a Kansas driver's license or permit.
(b) Criteria to determine whether a person ``can safely operate a vehicle'' as that term is used in L. 1989, Ch. 33, Sec. 1 shall include:
(1) A statement by the person's opthalmologist or optometrist that there is no reason to believe that the person's eyesight would preclude that person from operating a vehicle;
(2) a determination by both the director of vehicles and the Kansas medical advisory board that there is no reason to believe that the person's eyesight would preclude that person from operating a vehicle. The director of vehicles or the medical advisory board may require the person to submit to additional tests as they may in their discretion deem necessary to make a determination; and
(3) an actual test of the person's driving ability by an examiner employed by the division of vehicles at a time and place arranged by the director. Each test shall be performed by an examiner who has training and experience in testing a visually-
impaired driver. Each person shall comply with sections (b) (1) and (2) before a driving test will be administered. A person shall not be permitted to take a driver's test if the examiner has cause to believe that allowing the person to drive may be potentially hazardous to the safety of themselves or others.
(c) Each person shall use the form provided by the division for the doctor's statement required in section (b) (1). A person may be required by the division to provide the following information:
(1) Static visual acuity;
(2) visual fields;
(3) diagnosis of visual condition and prognosis;
(4) recommendation as to the extent of driving privileges to be permitted; and
(5) recommendations as to the need for and frequency of periodic reporting to the division of the status of the person's visual condition. (Authorized by K.S.A. 8-234b (d); implementing L. 1989, Ch. 33, Sec. 1 and 2; effective Feb. 26, 1990.)