Driving

Transportation issues are important to many people with epilepsy as they can affect one's independence in the community.  Some people with epilepsy are not permitted to drive because of the possibility they will experience a loss of consciousness during a seizure.  Others may have probations placed upon their driver's licenses.  In the state of California, physicians are required to report any patients at risk for a loss of consciousness to the Department of Motor Vehicles (DMV) and may be held liable for damages resulting from an accident caused by one of their patients' seizures.

The following information of interest to people with epilepsy who are concerned about their driving privilege is reprinted from the California Department of Motor Vehicles website at www.dmv.ca.gov :

Medical Conditions and Traffic Safety

What can DMV do about a person who may be unable to drive safely due to a physical or mental condition or disorder?

California law (Vehicle Code Sections 13800, 13801) permits DMV to investigate and reexamine a person's ability to safely drive a motor vehicle for a variety of reasons, including information coming to the department's attention that a person has a physical or mental disorder that may affect his or her ability to drive safely.

What types of medical conditions can affect a person's ability to drive safely?

Any disorder or condition that might interfere with the alertness, strength, physical coordination, agility, judgment, attention, knowledge, or skill necessary to safely operate a motor vehicle, is a concern to DMV. Such conditions may be static (unchanging), such as the residual effects of a single stroke, or chronic, such as an uncontrolled seizure disorder or diabetic condition. It may be a progressive condition which gradually deteriorates over time, such as Alzheimer's disease or other form of dementia. These are only a few examples of the many different kinds of physical or mental conditions or disorders that might cause DMV to reexamine a driver.

How does DMV find out about persons who may be unsafe to drive due to a physical or mental condition or disorder?

DMV receives information from many sources, including law enforcement, physicians and surgeons, judges, family members and acquaintances. Under the law, peace officers have the discretion to request a reexamination of any driver with whom they come in contact, if they observe or discover reasons to believe the person may be unable to drive safely. Court judges have similar discretion. The law also requires physicians and surgeons to report to the local health officer certain conditions or disorders, and gives them discretion to report other conditions. These reports are forwarded to the DMV. DMV may consider information from any source when deciding whether to investigate or reexamine a person's driving qualifications. This includes information from a person's family members, relatives and acquaintances. 

How do I let DMV know about a family member, relative or acquaintance whom I believe may no longer be a safe driver?

You may write to your local Driver Safety Office and give the full name of the driver, his or her driver license number (if you can obtain it), his or her date of birth, his or her current address, and a detailed description of the facts you have observed which lead you to believe that the person may be unable to drive safely. Please indicate in your letter if you wish the referral to remain confidential. However, you must identify yourself in the letter, as DMV will not act upon anonymous referrals. The letter will be evaluated by a Driver Safety Hearing Officer to decide whether the person should have his or her driving qualifications reexamined. 

What types of medical conditions must a physician report to DMV?

Physicians are required by law (Heath & Safety Code Section 103900) to report disorders characterized by lapses of consciousness, as well as Alzheimer's disease and related disorders. Additionally, they may report any other condition if they believe it would affect the driver's ability to drive safely.

Lapses of Consciousness Disorders

Disorders characterized by lapses of consciousness result from many medical conditions. Epilepsy is the most common disorder seen by the Department of Motor Vehicles. Regulations governing lapses of consciousness disorders are contained in Article 2.4, Sections 110.01 and 110.02, of Title 13, California Code of Regulations.

Actions Appropriate to Lapse of Consciousness Disorders

The guidelines describe different situations in which the following actions should be taken after evaluating a driver with a lapse of consciousness disorder.

• No action
• Medical Probation Type II
• Medical Probation Type III
• Suspension
• Revocation

Medical Probations

The department has the authority under Vehicle Code Section 14250 to place a person's driving privilege on probation in lieu of suspension or revocation. A medical probation allows the department to monitor the driver's medical condition on an ongoing basis.

There are two medical probations that are appropriate for drivers with lapse of consciousness disorders, Medical Probation Type II and Type III. Placing a person on medical probation allows drivers with controlled epilepsy and other disorders characterized by a lapse of consciousness to continue driving. A medical probation is only to be used when control of a lapse of consciousness disorder has been achieved for at least three months.

Medical probation Type II is for drivers who have achieved three to five months of control. The driver is required to authorize his/her treating physician to complete the Driver Medical Evaluation (form DS 326) and submit it to the department on a prescribed basis. The decision to place a driver on Medical probation Type II should be based on a combination of considerations. The main factors include but are not limited to: seizure type, seizure manifestations, seizure, medical and lifestyle history, and the seizure-free period prior to the last episode.

Medical probation Type III is for drivers who have achieved six or more months of control, but due to contributing factors there is a slight possibility of another seizure. Medical probation Type III requires the driver to report, in writing, on a regular basis to the department on the status of his/her disorder. The Medical Probation Reporting form (DS 346) is used by drivers on Type III probation, and the driver must sign the form under penalty of perjury under the laws of the State of California that the information provided is true and correct. The decision to place a driver on Medical probation Type III should be based on the driver's medical history and established reliability. The main medical factors to consider include, but are not limited to: seizure type seizure manifestations, seizure, medical and lifestyle history, and the seizure-free period prior to the last episode.

The major reliability factor to consider is the driver's likelihood of complying honestly. Medical Probation Type III should be considered self-monitoring and should not be imposed if the driver has exhibited past evidence of noncompliance, withholding information from a physician or the department, or inconsistent statements.

No probation is needed for drivers who have achieved six or more months of control and there are no coexisting medication conditions that would aggravate the driver's seizures or impair the driver's ability to safely operate a motor vehicle.

The department has the authority under Vehicle Code Section 14251 to terminate or modify the conditions of probation whenever good cause exists. If it appears that a driver's lapse of consciousness disorder has become unstable or it is suspected that the information reported is fraudulent, the driver will be requested to have his/her physician complete a Driver Medical Evaluation. If necessary, a reexamination will be scheduled or an immediate suspension of the driving privilege imposed.

Immediate action will be taken against the driving privilege if evidence indicates that the condition renders the person unsafe to drive. The driver may request a hearing after receiving a notice of suspension or revocation. 

A Guide to the Driver Safety Administrative Hearing Process

Administrative Hearings Introduction

Administrative Hearings conducted by the Department of Motor Vehicles (DMV) provide a fair resolution of matters in a professional, efficient way, and ensure due process is afforded to all drivers. This information is a general guide for those entitled to request a Driver Safety (DS) administrative hearing. It is intended to assist you with understanding the hearing process and preparing for your hearing.

If you have received notification that a proposed action is being taken against your driving privilege, you must request a hearing within 10 days of receiving personal service or 14 days from the date the notice is mailed. If you do not make a timely request, your right to a hearing will be lost. Not all hearings are the same and this guide may not provide you with all of the necessary information you may need in preparing for your individual hearing.

If you have any questions regarding how a hearing is conducted, contact any of the DS offices listed in this publication. Note: Hearings for drivers who have a certificate to transport passengers may not be conducted in the same manner as described in this publication. Remember: Carefully read all of the documents that are personally provided or mailed to you by DMV. These documents tell you the issues involved in your case, what deadlines you must meet and your rights that apply in the administrative hearing process. The hearing will be limited to those issues listed in the documents.

Why Do I Need A Hearing With DMV?

The purpose of the hearing is to provide you with an opportunity to be heard and to present relevant evidence or testimony on your behalf regarding an action taken or the intent to take action against your driving privilege by DMV. You may also have to appear in court for the same reason DMV is taking action against your driving privilege. Any action taken by the court is independent of any action taken by DMV.

What Are My Hearing Rights?

You have the right to:

Be represented by an attorney or other representative, at your own expense, although representation by an attorney is not required.

Review the evidence and cross examine the testimony of any witness for DMV. DMV can base its case only on written documents without presenting any witnesses. If you wish to question someone who either prepared a document, or someone who is listed on a document that will be used as evidence, it is your responsibility to subpoena that person.

Present evidence and relevant witnesses on your own behalf. Testify on your own behalf.

How Do I Review DMV's Evidence Against Me?

Your verbal or written request to review and obtain a copy of DMV's evidence regarding your case (known as discovery) prior to your hearing must be submitted to DMV at least 10 days prior to the date of your hearing. In some cases, DMV will automatically provide you with this information (discovery). If you do not request a hearing, you are giving up your right to review the evidence DMV will consider when making a decision in your case.

How Do I Obtain Records From Agencies or Have Witnesses Come To The Hearing?

You have the right to subpoena relevant records or other documents, photos, etc. to be produced on your behalf at the hearing. Although your witness(es) may voluntarily attend your hearing, a subpoena protects your right under the law to compel the attendance of any witness. For any witness you subpoena on your behalf, you are required to pay all witness fees and any mileage to the hearing location. If you know a witness requires special accommodation, please contact DMV as soon as possible. Note: Subpoenas are available through any DS Office. Someone other than you must serve the subpoenas.

What Kind of Evidence Can I Provide on My Behalf?

Any evidence you present must be relevant to your case. Evidence can be presented in the form of sworn documents, medical records, accident reports, photographs, or other relevant items. Evidence can also be sworn testimony taken under oath. On the date of your hearing, be prepared to bring any witness, or written evidence from any witness, who knows the specific issues involved in your case. Your witness(es) should be prepared to answer any questions raised by the hearing officer. Note: Any evidence presented on your behalf cannot be returned to you because it becomes part of the official administrative hearing record maintained by DMV.

What If I Need an Interpreter?

 If you or a witness needs a sign or language interpreter, immediately contact DMV in order to make arrangements for an interpreter.

What If I Cannot Attend My Hearing or I Fail To Show Up?

If you cannot attend your hearing on the scheduled date and time, you must contact DMV within 10 working days of the time you know, or should have known, you need a continuance. You may have to file a written statement indicating the reasons you cannot appear. DMV will grant the continuance after 10 working days if you are not responsible for causing the delay and made a good faith attempt to prevent the delay. If a continuance has not been granted and you do not attend your hearing, DMV will proceed with the hearing in your absence.

How and When Will I Be Notified of The Decision?

You will be notified in writing of the hearing officer's decision even if you do not attend your hearing. The time it takes to make a decision depends on the issues being addressed, the amount of evidence presented, and the testimony presented by any witness.

Can I Appeal DMV's Decision?

If you disagree with the hearing officer's decision, you have the right to request a departmental review of the decision, as well as the right to appeal the decision to Superior Court. Requests for a departmental review, or an appeal of the decision in Superior Court must be made within a certain time period depending on the laws affecting your case. The time periods for appeal and other specific information concerning your appeal rights are provided on the notice advising you of the hearing decision.

What Type of Decision Can Be Made?

Depending on the type of hearing, a hearing officer may sustain (keep in effect), set aside (dismiss), end, or modify DMV's earlier decision. If a time period for an action against your driving privilege is specified in the California Vehicle Code (CVC), the hearing officer cannot change the length of the action.

Note: The Administrative Procedure Act (APA), found in California Government Code Sections 11400 through 11528, and CVC Sections 14100 through 14112, govern DS hearings conducted by DMV. The DS Disciplinary Guidelines can be found in the California Code of Regulations, Section 110.4. The CVC can be found on the DMV website at www.dmv.ca.gov. Copies of the APA, CVC, DS Disciplinary Guidelines, and subpoenas are available from DS Branch Offices.

You may contact the DS Branch Offices at the following locations:

City of Commerce, CA. 90040-2947 5500 S. Eastern Ave., Suite 150 TEL: (323) 724-4000 FAX: (323) 724-9262

El Segundo, CA 90245-5807 390 N. Sepulveda Blvd., Suite 2075 TEL: (310) 615-3500 FAX: (310) 615-3581

Fresno, CA 93710 1551 E. Shaw Ave., Suite 139 TEL: (559) 488-4292 FAX: (559) 445-5657

Irvine, CA 92606 16735 Von Karman Ave., Suite 110 TEL: (949) 440-4416 FAX: (949) 440-4424

Oakland, CA 94621-1419 303 Hegenberger Rd., Suite 400 TEL: (510) 563-8900 FAX: (510) 563-8950

Oxnard, CA 93033-6499 4050 S. Saviers Rd. TEL: (805) 488-0863 FAX: (805) 488-3219

Sacramento, CA 95820-1501 4700 Broadway, 2nd Floor TEL: (916) 227-2970 FAX: (916) 227-2901

San Bernardino, CA 92408-3447 1845 Business Center Dr., Suite 212 TEL: (909) 383-7413 FAX: (909) 383-7439

San Diego, CA 92123 9174 Skypark Court, Suite 200 TEL: (858) 627-3901 FAX: (858) 627-3925

San Francisco, CA 94117-2296 1377 Fell St., 2nd Floor TEL: (415) 557-1170 FAX: (415) 557-7375

San Jose, CA 95110-3694 111 W. Alma Ave., Room A TEL: (408) 277-1314 FAX: (408) 277-1033

Van Nuys, CA 91401 6150 Van Nuys Blvd., Suite 2053 TEL: (818) 376-4217 FAX: (818) 376-4215

Driver Safety Headquarters P.O. Box 942890 M/S J234 Sacramento, CA 94299-9890 TEL: (916) 657-6452 FAX: (916) 657-5855

© Copyright 2001 by California Department of Motor Vehicles