(A) Notwithstanding the provisions contained in Section 56-1-220, a person diagnosed with low vision acuity who uses bioptic telescopic lenses for vision assistance may be issued a driver's license by the Department of Motor Vehicles if he:
(1) submits a vision report form that complies with subsection (B);
(2) submits proof that he has been trained to operate a motor vehicle while wearing bioptic telescopic lenses as evidenced by having completed successfully a driver-training course or program that meets the criteria listed in subsection (C) for these programs; and
(3) meets all other qualifications for obtaining a driver's license, including passing the department-administered road test while wearing bioptic telescopic lenses. A person applying for a driver's license pursuant to this section who fails to pass the road test after three attempts must present certification of repeat completion of a driver-training course or program that meets the criteria listed in subsection (C).
(B) An applicant for a driver's license who will use bioptic telescopic lenses for vision assistance while driving must submit a vision report form supplied by the department. The report must be completed by an optometrist or ophthalmologist. The report must include:
(1) the applicant's vital data;
(2) the bioptic telescopic system vendor's name and type, strength (in X-power), and the date the bioptic telescopic system was dispensed to the applicant;
(3) a statement regarding whether the applicant has a potentially progressive condition; and
(4) certification by an optometrist or ophthalmologist that the applicant:
(a) is not impaired in the movement of his eyes, head, or neck;
(b) possesses sound cognitive and perceptual skills, reaction time, range of motion, and coordination of upper and lower extremities needed to operate a motor vehicle;
(c) is able to detect and recognize the colors of traffic signals and devices showing standard red, green, and amber colors or passes the large disc D-15 color test, or both;
(d) has visual acuity of at least 20/120 in the better functioning eye when looking through the carrier lens of a bioptic telescopic aid;
(e) has improved visual acuity of at least 20/40 using the bioptic telescopic aid in the better functioning eye;
(f) has a binocular horizontal visual field diameter of not less than one hundred twenty degrees and a vertical field of not less than eighty degrees without the use of visual field expanders. If the applicant is monocular, the horizontal visual field may not be less than seventy degrees temporally and thirty-five degrees nasally;
(g) has the signed approval of an optometrist or ophthalmologist to apply for driving privileges using a bioptic telescope;
(h) has successfully completed an In-Clinic Pre-Driver Bioptic Evaluation and Training Program as contained in subsection (C) that was provided by a doctorate level Eye Care Professional (ECP), Certified Driving Rehabilitation Specialist (CDRS), Certified Low Vision Therapist (CLVT), or Certified Orientation and Mobility Specialist (COMS), or such other designations of qualification as may be recognized by the department who are certified in Bioptic Driving Training; and
(i) has successfully completed a recognized Bioptic Driving Behind-the-Wheel Training Program provided by an ECP, CDRS, CLVT, COMS, or such other designations of qualification as recognized by the department who has certification in Bioptic Driving Training recognized by the department.
(C) A person applying for a driver's license pursuant to this section must complete successfully a bioptic driver training course or program certified to train individuals to use bioptic telescopic glasses while operating a motor vehicle. The applicant must pass this training before he is eligible to take the behind-the-wheel driver's test administered by the department. This program shall consist of the following two parts:
(1) Part 1 is the In-Clinic Pre-Driver Bioptic Evaluation and Training Program and is supervised or reviewed by the optometrist or ophthalmologist that prescribed the bioptic telescope. This portion of the program is conducted by an ECP, CDRS, CLVT, COMS, or such other designations of qualification as recognized by the department who has certification in Bioptic Driving Training recognized by the department. An applicant must satisfactorily complete all components of Part 1 prior to advancing to the behind-the-wheel aspect of the Bioptic Training Program.
(a) The evaluation portion of Part 1 includes a preliminary interview, an assessment of cognitive and perceptual skills, a commentary drive screening, a reaction time screening, and a preliminary in-car driver's evaluation (including an upper and lower extremities and range of motion skills screening) by an ECP, CDRS, CLVT, COMS, or such other designations of qualification as recognized by the department.
(b) The training portion of Part 1 requires a minimum of ten hours of commentary driving skills training as a front seat passenger. Commentary driver training must include, but is not limited to, instruction and reinforcement in the following areas:
(i) space cushion driving skills;
(ii) critical object awareness skills;
(iii) basic bioptic utilization skills;
(iv) joining and leaving traffic formations; and
(v) lane changing skills (including mirror and blind spot awareness skills).
(2) Part 2 is the Behind-the-Wheel Bioptic Driving Program. This program is conducted on-road by an ECP, CDRS, CLVT, COMS, or such other designations of qualification as recognized by the department who has certification in Bioptic Driving Training. The course or program must consist of the following minimum training requirements:
(a) for a person with no previous driving experience, the course shall consist of at least thirty hours of behind-the-wheel driving skills with a bioptic telescopic lens system in place and under the supervision of an ECP, CDRS, CLVT, COMS, or such other designations of qualification as recognized by the department who has certification in Bioptic Driving Training. For a person with previous driving experience, the course shall consist of at least twenty hours behind-the-wheel driving skills under the supervision of an ECP, CDRS, CLVT, COMS, or such other designations of qualification as recognized by the department who has certification in Bioptic Driving Training;
(b) review and integrated reinforcement of the proper and appropriate use of the bioptic telescopic lens system while driving a motor vehicle, including cleaning and focusing procedures and vertical spotting exercises; and
(c) the award of a Certificate of Completion of Training to a trainee when he successfully completes the Behind-the-Wheel Bioptic Driver's Training Program. He must present this certificate to the department in order to take the on-the-road portion of the driver's license test with his bioptic telescope system in place. He also shall provide a copy of the certificate to the supervising optometrist or ophthalmologist.
The applicant must apply for a driver's license and take the department road test within twelve months of having completed the Behind-the-Wheel Bioptic Driving Program. The road test is the same standard road test taken by all other persons applying for a regular driver's license.
(D) A person who is licensed to drive using bioptic telescopic aid is subject to restrictions placed on his license. Restrictions may include, but are not limited to:
(1) driving only during daylight hours;
(2) the vehicle being operated by the bioptic driver must be equipped with both left and right side mirrors;
(3) the bioptic driver shall not be permitted to operate a motorcycle, moped, or motor scooter;
(4) the bioptic driver may not drive during adverse weather conditions that significantly reduce the visibility of the roadway or other traffic and traffic control devices;
(5) a maximum speed of fifty miles per hour;
(6) no other mental or physical handicaps; and
(7) no driving on an interstate highway.
Any restrictions must be confirmed and finalized by the department's certified driver licensing examining officer. Any restrictions must be eligible for review and reconsideration after one year, as determined and recommended by the examining optometrist or ophthalmologist and approved by the department.
(E) An applicant who is issued a driver's license pursuant to this section must have the low vision report updated annually within sixty days of the annual anniversary date of driver's licensure by an optometrist or ophthalmologist and submit it to the department for review. The eye care professional that examines the applicant and completes the report shall indicate at the top of the report whether the applicant's vision condition has deteriorated so that the applicant no longer meets the requirements of subsection (B)(4). The department shall review the report.
(F) If the report indicates a progressive loss of vision but the applicant still meets the vision requirements of subsection (B)(4), the applicant may be required to take additional driver training and additional on-road testing before his license may be renewed.
(G) If the report indicates that the applicant no longer meets the requirements of subsection (B)(4), the department immediately shall revoke the license held by the applicant. To be issued a new valid license, the applicant must retake the department-administered road test and meet the requirements of subsection (B)(4).
(H) Nothing in this section permits an applicant who uses bioptic telescopic lenses for vision assistance to apply for a license to operate a motorcycle or a commercial driver's license.
HISTORY: 2016 Act No. 196 (S.21), Section 1, eff June 3, 2017.
Editor's Note
2016 Act No. 196, Section 2, provides as follows:
"SECTION 2. The department shall promulgate any regulations as may be necessary to implement the provisions of Section 1."
Structure South Carolina Code of Laws
Section 56-1-30. Persons exempt from licensing requirements.
Section 56-1-35. Driver's license for members of the armed services and dependents.
Section 56-1-40. Persons who may not be licensed or have their license renewed; beginner's permit.
Section 56-1-70. Temporary driver's permit.
Section 56-1-80. Application for license or permit.
Section 56-1-87. REAL ID card issuance.
Section 56-1-90. Evidence required to obtain a driver's license or identification card.
Section 56-1-100. Application by unemancipated minor.
Section 56-1-120. Release from imputed liability by cancellation of permit or license.
Section 56-1-130. License examinations; basic and classified licenses.
Section 56-1-135. Designated driver for fire extinguishment, special endorsement; safety officers.
Section 56-1-140. Issuance of license; necessary fees, signature, and contents; veteran designation.
Section 56-1-146. Surrender of driver's license by person convicted of certain crimes.
Section 56-1-171. Suspension for failure to pay child support; route-restricted license.
Section 56-1-175. Issuance of conditional driver's license.
Section 56-1-180. Special restricted licenses for certain minors.
Section 56-1-185. Removal of restrictions postponed; suspension of license.
Section 56-1-190. License must be carried and exhibited on demand.
Section 56-1-200. Duplicate for lost or destroyed license; fee.
Section 56-1-205. Hearing impaired designations on driver's licenses.
Section 56-1-215. Renewal of expired license.
Section 56-1-218. Driver's license extensions.
Section 56-1-221. Medical Advisory Board.
Section 56-1-222. Driver's licenses issued to wearers of bioptic telescopic lenses.
Section 56-1-225. Reexamination of drivers involved in four accidents within twenty-four months.
Section 56-1-230. Notification of change of address or name.
Section 56-1-240. Cancellation and surrender of license.
Section 56-1-245. Conditions for waiver of license reinstatement fee.
Section 56-1-260. Effect of cancellation of license.
Section 56-1-270. Suspension, revocation, or restriction of license on re-examination.
Section 56-1-280. Mandatory suspension or revocation.
Section 56-1-285. Revocation or refusal to renew license for nonpayment of fees.
Section 56-1-288. Tax refund garnishment for failure to comply with financial responsibility.
Section 56-1-290. Revocation for operating unlicensed taxis in certain counties.
Section 56-1-292. Suspension for failure to pay for gasoline.
Section 56-1-300. Suspension or revocation of license without preliminary hearing.
Section 56-1-310. Suspension or revocation of nonresident's driving privilege.
Section 56-1-330. Courts shall report certain convictions.
Section 56-1-340. Reports of convictions and records may be sent to other states; fees.
Section 56-1-345. Fees charged for Freedom of Information Act request.
Section 56-1-360. Form and proof of notice.
Section 56-1-370. Review of cancellation, suspension, or revocation of license.
Section 56-1-380. Period of suspension or revocation; renewal or restoration of license.
Section 56-1-385. Reinstatement of permanently revoked driver's license.
Section 56-1-390. Fee for reinstatement of license; disposition of fee proceeds.
Section 56-1-395. Driver's license reinstatement fee payment program.
Section 56-1-396. Driver's license suspension amnesty period.
Section 56-1-430. Appeal from conviction making suspension or revocation mandatory as supersedeas.
Section 56-1-440. Penalties for driving without license; summary court jurisdiction.
Section 56-1-465. Notice of suspension required.
Section 56-1-478. Reciprocal agreements for collection of fines, fees, and other costs.
Section 56-1-480. Unlawful to permit unauthorized person to drive.
Section 56-1-490. Unlawful for parent or guardian to permit unauthorized minor to drive.
Section 56-1-500. Penalties for violations of article.
Section 56-1-510. Unlawful use of license; fraudulent application.
Section 56-1-540. Files, records, and indexes to be kept.
Section 56-1-550. Fee for expediting request for copy of document or record.
Section 56-1-610. Short title.
Section 56-1-620. Legislative findings and policy.
Section 56-1-630. Definitions.
Section 56-1-640. Reciprocity in reporting convictions; information to be reported.
Section 56-1-650. Effect of certain convictions on status of license in home state.
Section 56-1-670. Effect on other laws or agreements.
Section 56-1-680. Administration; exchange of information.
Section 56-1-690. Withdrawal from compact.
Section 56-1-710. "Conviction" defined.
Section 56-1-720. Point system established; schedule of points for violations.
Section 56-1-730. Warning tickets not assigned point value.
Section 56-1-747. What constitutes conviction for purposes of Section 56-1-746.
Section 56-1-750. Computation of points.
Section 56-1-760. Violations considered in suspension to be disregarded in subsequent suspension.
Section 56-1-770. Points reduced for completing defensive driving course.
Section 56-1-780. Reports of certain convictions to Department of Motor Vehicles.
Section 56-1-800. Certified copies of reports as evidence of convictions.
Section 56-1-810. Notice of suspension; surrender of license.
Section 56-1-820. Hearing on suspension.
Section 56-1-850. Other provisions for mandatory suspension, revocation, or cancellation unaffected.
Section 56-1-1010. Legislative declaration of policy.
Section 56-1-1020. "Habitual offender" and "conviction" defined.
Section 56-1-1105. Penalties for driving while license cancelled, suspended, or revoked.
Section 56-1-1110. Article does not affect existing laws.
Section 56-1-1130. Notification of potential offenders.
Section 56-1-1320. Provisional drivers' licenses.
Section 56-1-1330. Applicant required to complete alcohol traffic safety program.
Section 56-1-1360. Revocation of license for additional violations.
Section 56-1-1370. Second violations during specified suspended period.
Section 56-1-1380. Effect of convictions outside of State.
Section 56-1-1390. Appeals; notice of hearing.
Section 56-1-1720. Licensing requirement; minimum age; violations and penalties.
Section 56-1-1730. Eligibility, suspension, revocation, or cancellation of moped operator's license.
Section 56-1-1770. Application for moped operator's license.
Section 56-1-2005. Administration of South Carolina Commercial Driver's License program.
Section 56-1-2010. Short title.
Section 56-1-2020. Construction.
Section 56-1-2030. Definitions.
Section 56-1-2040. Commercial drivers to have one driver's license only; exception.
Section 56-1-2045. Qualifications to be student at truck driver training school.
Section 56-1-2060. Employer's responsibilities.
Section 56-1-2100. Commercial driver license; contents; classifications of vehicles.
Section 56-1-2110. Disqualification from driving commercial motor vehicle.
Section 56-1-2111. Circumstances barring issuance of license.
Section 56-1-2115. Commercial driver's license re-examination.
Section 56-1-2140. Report of conviction of nonresident licensee; required action.
Section 56-1-2150. Authorized drivers of commercial motor vehicles.
Section 56-1-2156. Failure of commercial motor vehicle drivers to comply with lane restrictions.
Section 56-1-2210. Definitions
Section 56-1-2230. Failure to report and employing disqualified employee; fines.
Section 56-1-3360. Misuse of card prohibited.
Section 56-1-3380. Information submitted in application for card confidential; exceptions.
Section 56-1-3400. False or fictitious information or fraud a violation.