Article 104-2-3Revocations in Connection with Special Fitness Screenings; Other Measures

①If a public safety commission conducts a fitness screening pursuant to Article 102, paragraphs (1) through (4) or issues an order under those provisions, and the person required to undergo that fitness screening (limited to a person who has obtained a license) or the person who has received that order and is to submit a medical certificate (limited to a person who has obtained a license) causes a traffic accident by driving a motor vehicle or motorized bicycle and, judging from the circumstances of that traffic accident, is found to be suspected of falling under any of Article 103, paragraph (1), item (i), (i)-2, or (iii), or in any other situation that Cabinet Order prescribes as equivalent to this, the public safety commission may suspend the validity of the person's license for a period that it fixes, not exceeding three months. In such a case, if it becomes clear that the person subject to that disposition does not fall under those provisions, the public safety commission must promptly lift the disposition.

②Having suspended a person's license pursuant to the first sentence of preceding paragraph, a public safety commission must provide the person subject to that measure with an opportunity for explanation within five days, counting from the date on which the measure was taken.

③If a public safety commission finds that a person who has received a notice under Article 101-7, paragraph (2) (limited to a person who has obtained a license) has failed, in violation of paragraph (3) of that Article, to undergo the cognitive assessment or equivalent examination pertaining to the notice; finds that a person who has received a notice under paragraph (5) of that Article (limited to a person who has obtained a license) has failed, in violation of paragraph (6) of that Article, to undergo the training pertaining to the notice; finds that a person who has received an order under Article 102, paragraphs (1) through (4) (limited to a person who has obtained a license) has violated the order (for a person who has had the validity of the license suspended pursuant to the first sentence of paragraph (1), finds that the person has failed to comply with the order by the end of the period of that suspension); or finds that a person who has received a notice under paragraph (6) of that Article (limited to a person who has obtained a license) has failed, in violation of paragraph (7) of that Article, to undergo the fitness screening pertaining to the notice (for a person who has had the validity of the license suspended pursuant to the first sentence of paragraph (1), finds that the person has not undergone the fitness screening by the end of the period of that suspension), the public safety commission that has jurisdiction over the person's domicile as of the day on which the period prescribed in Article 101-7, paragraph (3) or (6) reaches one month in total, as of the day on which the deadline prescribed in Article 102, paragraphs (1) through (4) expires, or as of the date notified under paragraph (7) of that Article may, in accordance with the standards that Cabinet Order prescribes, revoke the person's license or suspend its validity for a period that it fixes, not exceeding six months; provided, however, that this does not apply if there is a compelling reason for the person's failure to undergo the cognitive assessment or equivalent examination, failure to undergo the training, failure to comply with the order, or failure to undergo the fitness screening.

⑤The provisions of Article 103, paragraphs (3), (4), and (9) apply mutatis mutandis where a public safety commission seeks to revoke a license pursuant to paragraph (3), or to suspend the validity of a license for 90 days (or, where the public safety commission has fixed a different period within a range not exceeding 90 days, that period; the same applies in paragraph (7)) or more. In such a case, the phrase "a hearing of opinions as referred to in Article 104, paragraph (1) or a hearing" in paragraph (3) of that Article is deemed to be replaced with "a hearing"; the phrase "if the person falls under any of the items of paragraph (1) (if the person who falls under item (v) of that paragraph is a person to whom Article 102-2 applies, only after the period referred to in that Article has elapsed without the person undergoing the training prescribed in that Article), in accordance with the standards that Cabinet Order prescribes as referred to in that paragraph" in paragraph (4) of that Article is deemed to be replaced with "on finding that the person has failed to undergo a cognitive assessment or equivalent examination pertaining to the notice in violation of Article 101-7, paragraph (3), has failed to undergo the training pertaining to the notice in violation of paragraph (6) of that Article, has violated an order under Article 102, paragraphs (1) through (4), or has failed to undergo a fitness screening pertaining to the notice in violation of paragraph (7) of that Article, in accordance with the standards that Cabinet Order prescribes as referred to in Article 104-2-3, paragraph (3)"; the phrase ", and may revoke the person's license if the person falls under any of the items of paragraph (2)" in that paragraph is deemed to be deleted; the phrase "paragraph (1) or (2)" in that paragraph is deemed to be replaced with "that paragraph"; and the phrase "paragraph (1), (2), or (4)" in paragraph (9) of that Article is deemed to be replaced with "Article 104-2-3, paragraph (3) or paragraph (4) as applied mutatis mutandis pursuant to paragraph (5) of that Article".

⑥Paragraph (4) applies mutatis mutandis if a license is suspended pursuant to Article 103, paragraph (4) as applied mutatis mutandis pursuant to the preceding paragraph.

⑦Article 104-2 (other than paragraph (5)) applies mutatis mutandis if a public safety commission seeks to revoke a license or suspend it for 90 days or more pursuant to paragraph (3) or Article 103, paragraph (4) as applied mutatis mutandis pursuant to paragraph (5).

⑧Article 103, paragraph (3) applies mutatis mutandis if a public safety commission seeks to revoke or suspend a license pursuant to paragraph (4) of that Article as applied mutatis mutandis pursuant to paragraph (5). In such a case, the phrase "unless a hearing of opinions as referred to in Article 104, paragraph (1) or a hearing" in paragraph (3) of that Article is deemed to be replaced with "unless a hearing".