(a) Any person with physical disabilities, a record of an impairment, or regarded as having an impairment shall be subject to the same laws, rules, and regulations set forth by the Department of Public Safety relating to the licensure of an individual to operate a motor vehicle.
(b) Notwithstanding any law, rule, or regulation, the state Department of Public Safety shall not refuse to issue any permit or license for the operation of a motor vehicle, or the renewal of either, on the grounds of physical appearance, speculations, or generalizations that the individual's physical impairment would impede that person's ability to operate a motor vehicle in a safe manner without probable cause to believe the person's ability to operate a motor vehicle in a safe manner is in fact impaired.
(c) If the department refuses to issue a permit or license or arbitrarily questions the person's abilities based on physical appearance or speculated inability to operate a motor vehicle in a safe manner, the person shall have a right to an impartial hearing before the Director of Public Safety or his or her designee. At the hearing, the person shall have the right to be represented by counsel and to present witnesses including, but not limited to, a physician of choice. The person may appeal any decision to the circuit court of competent jurisdiction for a trial de novo.
(d) This section shall be interpreted to be consistent with and to further the purposes and policies of Section 504 of the Rehabilitation Act of 1973, as amended, 34 CFR part 104 and P.L. 101-336, The Americans with Disabilities Act of 1990, together with implementing regulations and subsequent amendments to the laws and regulations.
Structure Code of Alabama
Title 32 - Motor Vehicles and Traffic.
Chapter 6 - Licenses and Registration.
Article 1 - Drivers' Licenses.
Division 1 - General Provisions.
Section 32-6-1 - Required; Expiration Date; Renewal; Identification Cards for Nondrivers.
Section 32-6-1.2 - Veteran's Driver's License.
Section 32-6-2 - Persons Exempt From Securing License.
Section 32-6-3 - Examination Prior to Application for License or Renewal.
Section 32-6-3.1 - Information and Instruction on Dangers of Drowsy Driving.
Section 32-6-4 - Issuance of License or Identification Card; Selective Service Registration.
Section 32-6-4.1 - Special Nondriver Identification Cards - Issuance; Fees; Expiration.
Section 32-6-4.3 - Nondriver Identification Cards - Honorably Discharged Veterans.
Section 32-6-5 - Reports; Disposition of Funds.
Section 32-6-6 - Contents of Licenses; Photo Specifications; Fee for Photo License or Card.
Section 32-6-6.2 - Emergency Contact Information.
Section 32-6-7 - Persons to Whom License Not to Be Issued.
Section 32-6-7.1 - Persons With Physical Disabilities or Impairments.
Section 32-6-7.2 - Restrictions on Issuance to Persons Under 18 Years of Age
Section 32-6-7.3 - Maintenance and Report of Statistical Information.
Section 32-6-7.4 - Disciplinary Point System - Age of Student Eligibility.
Section 32-6-7.5 - Disciplinary Point System - Determination; Hearing.
Section 32-6-8 - Temporary Instruction and Learner's Licenses.
Section 32-6-9 - Possession and Display of License.
Section 32-6-10 - Reciprocal Agreements - Other States or Countries.
Section 32-6-11 - Reciprocal Agreements - Authorities in Charge of Federal Military Installations.
Section 32-6-12 - Restricted Licenses.
Section 32-6-12.1 - Limited Driving Permits.
Section 32-6-13 - Promulgation of Rules and Regulations.
Section 32-6-14 - Records to Be Kept by Director.
Section 32-6-15 - Duplicate of Lost or Destroyed License.
Section 32-6-17 - Cancellation, Suspension, or Revocation - Reinstatement; Fees.
Section 32-6-18 - Penalties - Violations in General; Disposition of Funds.