YOU AND THE LAW™: Today’s topic is the unpleasant and sticky issue of confronting mom or dad regarding their ability to operate a motor vehicle. You may find this information helpful.
LSA R.S. 32:424 sets forth the rights of the State to address the
issue of whether one’s driving privileges should be rescinded. See
§ 424 Department may compel examination of suspected incompetents; prohibited disclosure of information; exceptions
A.(1) The department, having good cause to believe that a licensed
driver or chauffeur is incompetent or otherwise not qualified to be
licensed, may upon written notice of at least ten days to the licensee
require him to submit to one, any combination of, or all of the
(a) Knowledge test.
(b) Skills test.
(c) Medical examination.
(2) Upon the conclusion of such test, or tests, or examination, or examinations, the department shall take action as may be appropriate, including permitting the licensee to retain the license or suspending, revoking, or restricting the license. Refusal or neglect of the licensee to submit to any test or examination required pursuant to this Subsection shall be grounds for suspension or revocation of his license.
B. Medical information contained on the medical examination form
provided by the department shall not be disclosed to any third party
without the written consent of or a written waiver from the individual
whose record is being reviewed or unless pursuant to an order of a court
of competent jurisdiction. The written consent shall be signed and
dated by the individual whose record is being reviewed. All written
waivers shall clearly identify the person whose medical information is
sought to be released and to whom the medical information shall be
released. A written waiver shall be valid for a single specific request
for medical information and shall not be valid for multiple or ongoing
C. Any person who knowingly violates a confidentiality provision of this Section, who knowingly permits or encourages the unauthorized use of a report, or who intentionally files a false report to the department regarding a driver’s qualifications shall be liable for damages resulting from such action. The licensed driver or chauffeur may seek an order from a court of competent jurisdiction for the release of the name of the individual who reported the licensed driver or the chauffeur to the department for investigation.