Colorado § 42-2-111 - Examination of applicants and drivers - when required.

§ 42-2-111. Examination of applicants and drivers - when required.

(1) (a) The department shall examine every applicant for a driver's or minor driver's license. The executive director of the department, in the director's discretion, may conduct the examination in any county convenient for the applicant. The examination shall include a test of the applicant's eyesight, his or her ability to read and understand highway signs that regulate, warn, and direct traffic, and his or her knowledge of the traffic laws of this state, an actual demonstration of the applicant's ability to exercise ordinary and reasonable care and control in the operation of a motor vehicle, and such further physical and mental examination as the department finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways; except that an applicant seeking renewal of a driver's license by mail under section 42-2-118 need only submit the information required by that section.

(b) The department, in issuing the drivers' licenses for certain types or general classes of vehicles, may waive any examination required by paragraph (a) of this subsection (1) for applicants and may certify certain employers, governmental agencies, or other appropriate organizations to train and examine all applicants for such certain types or general classes of licenses, if such training and examination is equal to the training and examination of the department.

(2) Repealed.

(3) (a) If the department has evidence that indicates that a licensed driver or minor 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 crash involving one or more licensed drivers or minor drivers occurs, the department, if deemed appropriate, shall mail a written notice to all such drivers involved in the crash requiring such drivers to submit to examination. If the department has not mailed a written notice to any driver involved in a fatal crash within ninety days after the department receives notice regarding such crash, the department shall not require an examination of such driver based upon such crash.

(c) Upon the conclusion of 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 42-2-116. 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.

(4) The department shall prepare and print rules, requirements, and regulations for the mandatory use of license examiners, and the same shall be strictly adhered to in the examination of all drivers.

Source: L. 94: Entire title amended with relocations, p. 2121, § 1, effective January 1, 1995. L. 96: (2) repealed, p. 1203, § 1, effective July 1. L. 97: (1)(a) amended, p. 141, § 1, effective March 28; (3) amended, p. 135, § 1, effective January 1, 1998. L. 99: (1)(a) amended, p. 631, § 47, effective August 4. L. 2000: (1)(a), (3)(a), and (3)(b) amended, p. 1343, § 5, effective July 1, 2001. L. 2026: (3)(b) amended, (HB 26-1237), ch. 117, p. 474, § 34, effective August 12.

Editor's note: This section is similar to former § 42-2-110 as it existed prior to 1994, and the former § 42-2-111 was relocated to § 42-2-113.

ANNOTATION

Annotator's note. Since § 42-2-111 is similar to § 42-2-110 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, a relevant case construing that provision has been included with the annotations to this section.

Principal purpose of this section and § 42-2-101 is the promotion of public safety by assuring that drivers are qualified to operate their vehicles. Tomasi v. Thompson, 635 P.2d 538 (Colo. 1981).