Maine Driver Licensing Laws

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Driver's License

A 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 Card

A 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.

Reporting

There 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)].

©2000 Epilepsy Foundation. All rights reserved. This summary was developed for information purposes by the Epilepsy Foundation's Legal and Government Affairs Department and reflects data available as of December 1999. Information may not be complete and is subject to change. This summary is not a substitute for legal advice. For further information, consult your state Department of Motor Vehicles.