Bill to Force Retesting of Erratic Drivers Gains

In a move to crack down harder on disoriented drivers, the Assembly approved legislation Thursday that could require motorists stopped for driving erratically to undergo a new driver’s license test.

The measure by Assemblyman Richard Katz (D-Sepulveda) would empower police officers to issue a notice requiring motorists to submit to a re-examination of their qualifications for a license, which could include driving or eye examinations.

Although opponents charged that the bill could be used by police to single out elderly drivers or ethnic groups, Katz denied that anyone was being targeted by the measure.

The bill was prompted by the death last year of Holly Bregman, a Northridge teen-ager, who was killed by a motorist driving the wrong way on the San Bernardino Freeway. The other driver, who also died in the collision, had been stopped by police the previous day for driving the wrong way on a freeway on-ramp.

“Driving a car is a privilege, not a right,” Katz said. “This bill strikes a balance between the rights of drivers and the safety of our roads.”

One opponent, Assemblyman Richard E. Floyd (D-Hawthorne), protested that the measure would give too much power to law officers and that it represents a move toward a “police state.”

“There are many traffic officers who believe older people should not be allowed to drive,” Floyd told his colleagues.

Nevertheless, the Assembly approved the measure 52 to 8 and sent it to the Senate for further action.

Drivers issued a notice requiring re-examination would have to appear for a personal interview at the Department of Motor Vehicles within five working days under the measure.

Re-examination could include taking the driver’s test, passing an eye exam or submitting medical records. The DMV could revoke the license of any driver who refused to undergo re-examination.

Under present law, a police officer who questions a motorist’s ability to drive sends a petition to the Department of Motor Vehicles asking the agency to look into the case--a request the department takes at least three weeks to act on, according to Katz.

Supporters of the measure include the American Assn. of Retired Persons, the California Highway Patrol, the Los Angeles Police Department and the parents of Holly Bregman.