HOUSE BILL 971140
BY REPRESENTATIVES Nichol, Allen, and June;
also SENATORS Mutzebaugh, Ament, Arnold, Coffman,
Congrove, and Powers.
CONCERNING THE ESTABLISHMENT OF TIME LIMITS FOR THE
REEXAMINATION OF HOLDERS OF DRIVERS' LICENSES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 422111
(3), Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended to read:
422111. Examination of
applicants and drivers when required.
(3) (a) If the department has evidence which
THAT indicates that a licensed driver, minor driver, or provisional
driver is incompetent or otherwise not qualified to be licensed,
it may, upon written notice of at least ten days to the licensee,
require such driver to submit to an examination.
(b) IF A FATAL MOTOR VEHICLE ACCIDENT
INVOLVING ONE OR MORE LICENSED DRIVERS, MINOR DRIVERS, OR PROVISIONAL
DRIVERS OCCURS, THE DEPARTMENT, IF DEEMED APPROPRIATE, SHALL MAIL
A WRITTEN NOTICE TO ALL SUCH DRIVERS INVOLVED IN THE ACCIDENT
REQUIRING SUCH DRIVERS TO SUBMIT TO EXAMINATION. IF THE DEPARTMENT
HAS NOT MAILED A WRITTEN NOTICE TO ANY DRIVER INVOLVED IN A FATAL
ACCIDENT WITHIN NINETY DAYS AFTER THE DEPARTMENT RECEIVES NOTICE
REGARDING SUCH ACCIDENT, THE DEPARTMENT SHALL NOT REQUIRE AN EXAMINATION
OF SUCH DRIVER BASED UPON SUCH ACCIDENT.
(c) Upon the conclusion of such
AN examination REQUIRED UNDER THIS SUBSECTION (3), the department
shall take such action as it deems appropriate and may deny, cancel,
suspend, or revoke the license of such person or permit that person
to retain such license subject to the restrictions under section
422116. Refusal or failure of the licensee to submit
to such examination shall be grounds for suspension or revocation
of such person's license. Such decision of the department shall
be reviewed by a court of record upon appeal to that court by
the party aggrieved.
SECTION 2. Effective
date applicability. This act shall take effect
January 1, 1998, and shall apply to the notification of a motor
vehicle accident made to the department of revenue on or after
said date.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO