Upon becoming aware that any of the specified conditions may exist, the New Jersey Motor Vehicle Commission may schedule a hearing and notify the driver or driver applicant. Upon determining from the hearing that the condition does exist, the New Jersey Motor Vehicle Commission may suspend the driver's license or permit, or refuse to issue one. If the New Jersey Motor Vehicle Commission determines that public safety is endangered, it may take that action immediately even before the hearing takes place.
In the course of its investigation, the New Jersey Motor Vehicle Commission may require the applicant or licensee to state his case history. The New Jersey Motor Vehicle Commission may require a statement by the applicant's treating physician. And it may require that the applicant provide any other information it deems pertinent.
The New Jersey Motor Vehicle Commission may present the case for review by a three-person Neurological Disorder Committee. This Committee consists of persons that the New Jersey Motor Vehicle Commission appoints following consultation with, and advice of, the New Jersey Medical Society. When the New Jersey Motor Vehicle Commission asks the Committee to review a matter, the New Jersey Motor Vehicle Commission is required to provide the Committee with all of the information that it has obtained. Each Committee member then separately reports his or her findings to the New Jersey Motor Vehicle Commission.
Under N.J.A.C. 13:19-5.7, the New Jersey Motor Vehicle Commission is not bound by the recommendations of the Committee. It can deny driving privileges despite a favorable Committee recommendation. It can also grant driving privileges despite an unfavorable Committee recommendation. Thus, regardless of the findings of the Committee, the New Jersey Motor Vehicle Commission can make whatever ruling it deems appropriate.
After driving privileges have been denied or suspended for medical reasons, the New Jersey Motor Vehicle Commission may consider an application for restoration. The restoration application must include a current case history; diagnosis, treatment and prognosis reports by the treating physician; and, if required, a report covering current electroencephalographic results. Thereafter, the applicant must agree to provide to the New Jersey Motor Vehicle Commission subsequent interval reports. These reports must be provided every six months for two years, and yearly thereafter. However the New Jersey Motor Vehicle Commission is empowered to change the schedule of reporting, and even to waive it completely. Finally, the New Jersey Motor Vehicle Commission may require the applicant to again pass a driving test.
A 1989 case nicely demonstrates practical application of the regulations described on this page. That case is Division of Motor Vehicles v. Granziel. The Granziel opinion sets forth the medical history and medical issues, and how history and issues were applied, both before the agency as well as in the court.
As can be seen from the above, the regulations purport to give the New Jersey Motor Vehicle Commission virtually unlimited authority to set conditions and make rulings. The law, however, limits what the Motor Vehicle Commission can actually do. All Commission requirements must be rational. Its decisions must be based upon credible evidence. When Commission rulings do not comply with these requirements, the Law Offices of Allan Marain can successfully challenge them.
The Law Offices of Allan Marain are available to challenge irrational rulings, and rulings not based upon credible evidence. If you are facing medical challenges to your driving privileges, call them. They can help.
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