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eNewsletter|
11/21/2009 03:11:40 PM |
Epilepsy Foundation of Massachusetts & Rhode Island
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New Hampshire Driver Licensing Laws
Driver's LicenseA person with epilepsy may obtain a license if he or she presents a current report covering diagnosis, treatment, prospect for recovery and evidence that he or she has been seizure-free for a period of 12 months. The department will consider issuing a license prior to an individual being seizure-free for 12 months if the individual submits a current statement of his or her medical history with a statement from the physician that the person's condition and treatment program does not render him or her hazardous to the public safety. A license may be suspended or revoked without a hearing because of a person's physical incompetency. If a license is suspended for this reason the driver, upon his or her written application, shall be granted a hearing within 15 days after filing the application [N.H. REV. STAT. ANN. § 263-59]. A request for a hearing may be made at any time. If the revocation or denial is sustained by the hearing officer, an individual may appeal the decision within 30 days to superior court in the county where the individual resides [N.H. REV. STAT. ANN. § 263-75, 263-76]. A state hearing examiner reviews any medical information submitted. Restricted licenses are available. Physicians who supply information to the DMV are not immune from liability for damages arising out of an accident caused by a seizure. New Hampshire has adopted the federal Department of Transportation medical criteria for issuing commercial drivers licenses. Identification CardFor a $10.00 fee resident non-drivers may obtain a picture identification card bearing their name, address, social security number, date of birth, blood type (optional), picture and signature. The card is valid for 5 years from the date of issuance [N.H. R.S.A. 260:21]. ReportingThere is no provision requiring physicians to report individuals they treat or diagnose as having epilepsy. Maine Driver Licensing Laws
Driver's LicenseA person who has a long standing (>5 years) seizure disorder will be eligible for a driver's license after having been seizure free 3 months on medication. Others may have to meet a longer seizure free requirement. Breakthrough seizures in an individual with a known seizure disorder due to a reduction in medication may not be subject to the three month seizure-free period. The medical information submitted is reviewed by Motor Vehicle Division personnel. Difficult cases are referred to the Medical Advisory Board. Members of the Board and persons making examinations are not subject to liability for their opinions and recommendations. Any other physician or person who becomes aware of a driver's impairment which appears to present an imminent threat to driving safety has immunity for damages [Me. Rev. Stat. Ann. tit. 29 § 1258(b)]. A person whose license has been denied or suspended for medical reasons may request a departmental hearing within 10 days of the effective date of suspension. The Medical Advisory Board reviews the medical information submitted whenever a person contests a Division action. [Tit. 29 Ch. 7 § 547(3)]. Reports received or made by the Board are confidential and may not be disclosed unless the individual gives written permission [Tit. 29 Ch. 7 § 547(4)]. If the hearing officer upholds the suspension or denial, the driver may appeal to Superior Court. Maine follows the federal regulations governing the licensing of truck drivers who are carrying hazardous materials or driving distances of greater than 100 miles. A School Bus Endorsement is necessary for an individual to drive a school bus carrying 10 or more passengers. This requires a doctor's certification that the person presents no risk. However, should such an individual have a seizure-related accident the doctor may be held liable for any result. Identification CardA person over the age of 18 may obtain an identification card from the Motor Vehicle Division for a fee of $5.00 by providing two forms of identification. ReportingThere is no provision requiring physicians to report patients to a central state agency who have been treated for or diagnosed as having epilepsy. Any physician or other person who, in good faith, reports to the Office of the Secretary of State a physical, mental or emotional impairment which appears to present an imminent threat to driving safety is immune from damages for so reporting. [Me. Rev. Stat. Ann. tit. 29 §1258(b)]. |
