The purpose of this amendment is to clarify the number of driving tests to be taken by an applicant on any one day.

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

Division of Driver Licenses

RULE NO.:RULE TITLE:

15A-1.016Test/Examination Failure; Disqualification: Procedure

PURPOSE AND EFFECT: The purpose of this amendment is to clarify the number of driving tests to be taken by an applicant on any one day.

SUMMARY: The rule is amended to allow Driver License and Tax Collector offices that administer driving tests to determine if the offices schedule can accommodate retesting applicants who fail the exam (on the same day). Most offices are operating under an appointment system and in most cases can accommodate additional testing during operating hours.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The nature of the rule, input from the affected industry, and the preliminary analysis conducted to determine whether a SERC was required.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 322.02 FS.

LAW IMPLEMENTED: 322.12 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: October 26, 2015, 10:30 a.m.

PLACE: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room B130, Tallahassee, Florida 32399

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ray Graves, Program Manager, 2900 Apalachee Parkway, Room A201, Tallahassee, FL 32399-0500, [e-mail], [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ray Graves, Program Manager, 2900 Apalachee Parkway, Room A201,Tallahassee, FL 32399-0500, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

15A-1.016 Test/Examination Failure; Disqualification: Procedure.

(1) Applicants are required to successfully complete the written test and vision test before being permitted to demonstrate driving ability.

(2) Once the written and vision tests have been successfully passed, such tests need not be retaken upon failure of the driving test unless the test results are no longer a matter of record.

(3) Upon failing a vision or written examination, another test/examination may be taken on the day of failure, examining time permitting.

(4) An applicant shall not be permitted to take more than one driving test on any one day unless specifically authorized by an office supervisor or higher authority.

Rulemaking Authority 322.02 FS. Law Implemented 322.12 FS. History–New 11-20-75, Formerly 15A-1.16, Amended 12-22-92, 6-3-14,             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ray Graves, Bureau Chief, Department of Highway Safety and Motor Vehicles

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 29, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 16, 2014