EPILEPSY AND DRIVING

by Epilepsy Association of Scotland

Driving is an important skill which most adults want to acquire. However, in the granting of all licences, the major concern of the DVLC is to ensure public safety. People with epilepsy are entitled to drive if they meet the legal requirements detailed below, and are able to prove their competence.

The law

Current regulations allow an ordinary driving licence to be granted to people with epilepsy if:

• they have been free from any epileptic seizure during the period of one year immediately preceding the date when the licence is to have effect, and they are unlikely to be a source of danger to the public
• they have seizures only whilst asleep and three years have elapsed between the first of these seizures and the date the licence is granted, and they are unlikely to be a source of danger to the public.

HGV/PSV licences

Until the beginning of 1993, people with epilepsy, or those who had had a seizure since the age of five, were not entitled to hold a Heavy Goods or Public Service Vehicle Licence. This law meant that anyone who had had a seizure when they were 6 or 7 years old, for example, would never be able to hold an HGV or PSV licence, which obviously could have consequences regarding employment opportunities.

The revised law now states that people with epilepsy who are not liable to take epileptic seizures can apply to the DVLC for an HGV or PSV licence if they:

• have been seizure-free and off medication for ten years before the licence is due to take effect
• have had no treatment for epilepsy (e.g. medication) for at least ten years
• satisfy the DVLC medical advisers that there is no longer a continuing liability to seizures

This change in the law is a breakthrough in terms of producing a fairer deal for people with epilepsy in relation to vocational driving opportunities.

Mopeds and motorcycles

All categories of mopeds and motorcycles require a licence. The medical requirements for fitness to drive are the same as for motor cars.

Procedures
New drivers

If you have epilepsy and are applying for a licence for the first time, you must complete a normal driving application form. You will be asked on the application form to answer the question "Have you now, or have you ever had epilepsy?". If you have had a diagnosis of epilepsy, however "minor" your seizures, or however well-controlled your epilepsy may now be, you must answer "yes" to this question. A second form will then be sent requesting details about your epilepsy. Information will also be requested from your doctor.

Licence holders

If you hold a current driving licence and develop epilepsy, you must stop driving and inform the DVLC immediately. It is dangerous to continue driving no matter how "minor" your seizures may be. Your licence may be restored after a certain time if you have been free from seizures, and you meet with the legal requirements for holding an ordinary licence.

Single seizures

If you have a single seizure, with no previous history of such, the DVLC must be informed. The majority of people will not have a subsequent attack but, due to the uncertainty and unpredictability of recurrence, private driving would not normally be allowed for at least twelve months. HGV/PSV licences would be suspended indefinitely.

Minor seizures

Sometimes people who experience "minor" seizures decide to disregard them and not to inform the DVLC. This course of action has serious medical and legal consequences. Minor seizures can, and do, impair driving ability. They may also develop into major seizures with possible fatal results. Drivers are not covered by insurance if they knowingly drive whilst they have epileptic activity. All epileptic activity, however minor, must be reported to the DVLC. The purpose for driving, however important to the driver, is no excuse for breaking the law.

DVLC decisions

The responsibility for informing the DVLC of a medical condition rests with you, the driver. Failure to do so automatically makes your driving licence and motor insurance null and void. The DVLC, with your permission, contacts your doctor for a medical report. If you refuse permission, a licence will not be issued. You may be asked to attend an examination by one of the DVLC's medical advisors. Decisions by the DVLC will be made to you in writing, and where licences are revoked you must return your licence to the DVLC. It is advisable to send this by recorded delivery.

Appeals

You can appeal against a DVLC decision to the Sheriff Court in your area by lodging an appeal within 30 days of the decision to withdraw your licence being notified in writing to you. Prior to such an appeal, it would be advisable to contact the medical advisor at DVLC to explore the factors underlying the refusal to grant a licence.

Licence renewal

If your licence is renewed after a period of withdrawal, then no further driving test is required. However, it may be advisable to have a few refresher lessons.

Licence validity

Licences are granted for either one , two, or three years, and are subject to medical review. If epileptic activity recurs during the period for which your licence is granted, then you must inform the DVLC immediately and cease driving. Even if a seizure happens in conjunction with a change in medication prescribed by your doctor, the driving regulations still apply (i.e. you must inform the DVLC, and you will probably be required to surrender your licence). It is important to discuss such an occurrence with your doctor, but the responsibility for informing the DVLC rests with the driver, not with the doctor.

Precautions

The performance of any driver can be affected by tiredness, time of day, medication taken for other minor ailments, etc. The driver with epilepsy is often more sensitive to such factors, and so should take special care. The following precautions are advised:

• avoid driving for many hours at a time
• do not go for long periods without food or sleep (especially when driving at night or on motorways)
• avoid driving if medication has been missed
• do not drive while medication is being altered, reduced, or discontinued, until recommended by your GP to start again
• avoid driving if suffering from the side-effects of medication which impairs your performance in driving
• do not drink alcohol before driving (even small amounts can interfere with medication and affect your driving ability)

Insurance

Some people with epilepsy may experience difficulty in obtaining motor insurance. Some insurance companies are willing to obtain individual quotations for people who have epilepsy and who are eligible to drive. One such is:
Gibbs, Hartley, Cooper Ltd, (Insurance Brokers)
Stock Exchange House
7 Nelson Mandela Place
Glasgow G2
0141-221 8091

Conclusion

The prime concern of the DVLC is to ensure safety on public roads. Epilepsy is only one of several conditions to which medical standards of fitness apply in relation to the issuing of an ordinary driving licence. Many people with epilepsy do reach a stage when they can safely and legally drive.