Driver's License

California's Vehicle Code states: "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..." [Cal. Veh. Code § 12806(c)]. Seizure-free periods of 3, 6, and 12 months are now considered when reviewing each driver's case individually. The medical information submitted is reviewed by Driver Safety Referees (trained employees of D.M.V.). California law does not immunize a physician who provides such information from civil liability for damages arising out of an accident caused by a seizure. The applicant may be issued a license with restrictions such as daylight driving only, periodic medical reports required, etc. [§ 12813]. The state Department of Motor Vehicles reports that it considers the following elements when evaluating a driver with a seizure disorder: 1) The length of time the driver has been seizure-free; 2) the nature and frequency of seizures; 3) the use and effect of any medication; 4) the reliability of the driver in following his or her medical regimen; 5) the scope of the driver's employment; 6) the driving history; 7) alcohol consumption, fatigue and any other information deemed relevant. A person whose license is denied, suspended or revoked for medical reasons may appeal the decision by requesting a formal hearing before a Driver Safety Referee. The request must be made within 10 days after the decision. The Department's final decision may be appealed by filing a petition in Superior Court within 90 days. The Department will re-open a case at any time when the reason for the action no longer exists.

In lieu of suspending or revoking a license, the department may issue a restricted or probationary license. The person will be allowed to drive under certain conditions (daylight driving, periodic reports, etc.) [§14250]. After one year, the person may request the termination of the probation [§14253]. Probation may be ended at any time at the discretion of the Department [§ 14251]. Individuals who have experienced a first or isolated lapse of consciousness episode, nocturnal seizures only, and 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 or her license revoked. A person whose condition is expected to become controlled may have his or her license suspended until such time the DMV believes the individual's condition will not interfere with their ability to safely operate a car.

California has adopted the federal medical qualifications for all commercial licenses. These regulations are being interpreted to prohibit issuance of a commercial license to a person who has an established medical history or clinical diagnosis of epilepsy or other disorder characterized by lapses of consciousness or control.

Identification Card

Any person may obtain an identification card from the Department of Motor Vehicles for a $6.00 fee [Vehicle Code §13000]. A person at least 62 years of age may obtain a senior citizen identification card for a $3.00 fee. An individual who requests that his or her driver's license be cancelled because of a physical or mental condition or whose driver license is revoked due to a medical condition may receive an identification card free of charge [§ 13002(c)].

Reporting

Every physician and surgeon must immediately report to the local health officer individuals whom they have diagnosed as having "a disorder characterized by lapses of consciousness." (Calif. Health and Safety Code § 410(a)). This is defined to include: Persons 14 years of age or older who, during the preceding three years, has experienced on one or more occasions either a lapse of consciousness or an episode of marked confusion, caused by any condition which may bring about recurrent lapses, including momentary lapses of consciousness, or episodes of marked confusion. This definition includes, but is not limited to, persons subject to lapses of consciousness or episodes of marked confusion resulting from neurological disorders, senility, diabetes mellitus, cardiovascular disease, alcoholism or excessive use of alcohol sufficient to bring about blackouts. (Title 17 Calif. Code of Regulations §2572). A physician or surgeon may report a patient's condition even if it may not be required under the state department's definition of disorders characterized by lapses of consciousness if the report is made because the physician reasonably and in good faith believes the reporting of a patient will serve the public interest. The local health officer must report these individuals to the Department of Motor Vehicles [Calif. Health and Safety Code § 410(b)]. See Lopez v. Southern Cal. Permanente Medical Group, 171 Cal. Rptr. 527 (1981) [where the patient had been under long-term care for epilepsy, physician who did not initially diagnose the epilepsy but later treated the patient was not liable for non-reporting]. A physician who has failed to report a patient as required by § 410 may be held liable for damages caused by a seizure-related accident.

See Also: DMV Information