California is one of the few states in which physicians
are required by law to report a lapse of consciousness
to the State Department of Health. That office in turn
reports to the DMV which then notifies the driver's
licensee of a possible suspension of driving privilege.
In the case of a first-time application for the license,
the applicant will be required to complete a medical
form IF there has been a "lapse of consciousness
or control" (for any reason) within the previous
three years. There is not a mandatory period of time
that a person must have been seizure free before being
issued a driver's license. The DMV looks at each case
and determines eligibility on the basis of several factors.
According to CA Vehicle Code #12806c,
"The department may refuse to issue to, or renew
a driver's license of, any person who has a disorder
characterized by lapses of consciousness or who has
experienced, within the last three years, either a
lapse of consciousness or an episode of marked confusion
caused by any condition which may bring about recurrent
lapses." Seizure-free periods of 3,6, and 12
months are now considered when reviewing each driver's
case individually. The applicant may be issued a license
with restrictions such as daylight driving only, periodic
medical reports, etc. (#12813). The DMV considers
the following factors when evaluating a driver with
a seizure disorder:
- Length of
time driver has been seizure free
- Type & frequency of seizures
; reliability of "warning"
- Compliance with prescribed medical
treatment
- Scope of driver's employment
- The driving history
A person whose license is denied,
suspended or revoked for medical reasons may appeal
the decision by requesting a formal hearing within
10 days after the decision. The DMV's final decision
may be appealed by filing a petition in Superior Court
within 90 days. Individuals
who have experienced a first or isolated lapse of
consciousness episode, nocturnal seizures only, or
seizures caused by a physician-directed medication
change will not have their driving privileges suspended.
However, they may be placed on medical probation.
A person whose lapse of consciousness
disorder is not ever likely to be brought under control
may have his/her license revoked. A person whose condition
is expected to become controlled may have his/her
license suspended until such time that the DMV believes
the condition will not interfere with the ability
to operate a car. California has adopted the federal
medical qualifications for all commercial licenses,
which prohibit issuance of a commercial license to
a person who has a medical history or clinical diagnosis
of epilepsy or other disorder characterized by lapses
of consciousness or control.
In San Diego County, the DMV
regularly schedules training in all aspects of epilepsy
for its Driver Safety Referees (conducted by our Director
of Client Services). The Department's foremost objective
is to assure the safety of the driver and of the others
who could be put at risk by unsafe driving practices.
Again, the actual circumstances of each individual
case will be of utmost importance in the decision
made by the DMV when evaluating applications for driving
privileges. Therefore, the accuracy of reporting by
both the prospective driver and by the physician will
be the significant factor in all cases. More questions?
Call Susan at 619-296-0161.
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