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Epilepsy and Driving
Being diagnosed with epilepsy doesn't mean that
you can never drive. If you have epilepsy, you can hold a driver's licence or
learner's permit as long as your seizures are well controlled. If you believe
that you qualify for a licence or learner's permit, you are encouraged to apply.
Assessing Fitness to Drive, published by
Austroads, addresses all medical conditions that may impact on a person's
fitness to drive. The guidelines for epilepsy have been developed by epilepsy
specialists to assist with the assessment of applications from people with
epilepsy. These guidelines are intended to protect your safety and the safety of
the community. Each application is considered individually. The period that you
must be free from seizures before driving depends upon your type of epilepsy and
the circumstances surrounding any recent seizure you might have had. You may
wish to discuss your individual circumstances with your doctor. All Australian
doctors have a copy of the guidelines. Visit
www.austroads.com.au to view or
download a copy of the latest guidelines.
* Local State and Territory Guidelines at the end
of this section we have outlined general licensing guidelines for each
Australian State and Territory along with details of where you can obtain
further information relevant to your own State or Territory.
These guidelines are intended to protect your safety and the safety of the
community. Each application is considered individually. The period that you must
be free from seizures before driving depends upon your type of epilepsy and the
circumstances surrounding any recent seizure you might have had. You may wish to
discuss your individual circumstances with your doctor. All Australian doctors
have a copy of the guidelines. Visit
www.austroads.com.au to view or download a
copy of the latest guidelines.
A diagnosis of epilepsy doesn't mean that you can never drive. You can hold a
driver's licence or learner's permit as long as your seizures are well
controlled. If you believe that you qualify for a licence or learner's permit,
you are encouraged to apply.
Application procedures differ in each state and
territory and these are outlined in below Appendix.
Appendix: Local State and
Territory Licensing Details
Western
Australia
To gain a licence or permit in Western Australia you must complete all the usual
procedures as well as the additional requirements set out below. Visit your
nearest Transport Licensing Centre for full details of the standard application
procedures.
What information
does the Department of Transport require?
Everyone applying for a permit or licence must fill out an application
form. One of the questions on the form asks if you have fits, blackouts or
epilepsy. If your answer is 'yes' you will be asked to provide a medical report.
This report should be from your treating doctor general practitioner,
consultant physician or neurologist and must be no more than three months old.
How is your
medical report processed?
Your medical report is treated with the strictest confidence. Depending
on your doctor's report a permit or licence may then be issued immediately.
Driving
commercial vehicles
The guidelines for commercial truck, taxi and bus licences are stricter
than those applied to private licences. However, applications are individually
assessed and in exceptional circumstances, a licence may be issued.
Re-assessing your
fitness to drive
The maximum period for re-assessing your fitness to drive is two years
unless your doctor indicates a shorter period. The Department of Transport will
automatically send you a letter with a medical assessment form six weeks prior
to the expiry of your re-assessment period. In most cases the re-assessment
expiry date is tied to the expiry of your licence.
Seizure-free?
If you have been seizure free while taking your medication for a number
of years and you have a doctor's report verifying this, you may apply to have
the epilepsy indicator removed from your licence record. The Occupational Health
Physician assesses all applications on an individual basis.
Losing or
surrendering your licence
If the Department of Transport refuses to renew your licence or permit on
medical grounds, or suspends it, or if you voluntarily surrender it, you will
not regain it until a satisfactory medical report is provided.
Retesting
If you have not held a licence [or permit] for five [5] or more years,
you will have to sit a written and driving test to regain it.
Legal obligations
You are legally obliged to answer questions on the learner's permit or
driver's licence application form truthfully. Failure to disclose will result in
cancellation of the licence or permit and a maximum fine of $800.
If you hold a current permit or licence and you
have a seizure, you should seek your doctor's advice about continuing to drive.
Austroad's Fitness to Drive sets out clear guidelines recommending seizure-free
periods before resumption of driving. These guidelines are available on-line at
www.austroads.com.au
If you continue to drive after you have had a
seizure and you have an accident, you could be sued under common law and you
could be charged with driving offences including careless and dangerous driving.
Appeal procedures
If you disagree with any decisions made by the Department of Transport in
relation to your learner's permit or driver's licence you can appeal the
decision through the Court of Petty Sessions. Your appeal must be lodged within
30 days.
For further
information on Driving and Epilepsy
The Epilepsy Association of Western Australia [Inc] on 08 9346 7699
Supervisor Driver Assessment Section 3rd Floor Westrail Centre West Parade East
Perth 6004 Tel: 08 9216 8166.
Driving in
the Australian Capital Territory
To gain a licence or learner licence to drive in the Australian Capital
Territory you must complete all the usual procedures as well as the additional
requirements set out below. Visit your nearest ACT Government Shopfront or
Dickson Motor Registry for full details of the standard application procedures.
What information
does the Road Transport Authority require?
Everyone applying for a licence [including a learner licence] must fill out an
application form. One of the questions on the form asks if you have fits,
blackouts or epilepsy. If your answer is 'yes' you will be asked to provide a
medical report. This report should be from your treating doctor general
practitioner, consultant physician or neurologist and must be no more than six
months old.
How is your
medical report processed?
Your medical report is treated with the strictest confidence. Depending on your
doctor's report, a licence may then be issued immediately [if all the other
requirements are met].
Driving
commercial vehicles
The guidelines for commercial truck, taxi, hire car and bus licences are
stricter than those for private licences. In most cases, a person who has had
any form of epileptic seizure, apart form some childhood seizures, will not be
permitted to drive commercial vehicles.
Re-assessing your
fitness to drive
An annual medical review by your own doctor is required to maintain a valid
licence. Your doctor will take into account your medical history, the type of
seizures, the frequency of seizures, and your attitude to your health care [such
as taking your medication as prescribed].
What to do if you
have a seizure
If you hold a current licence and you have a seizure, you will be required to be
examined by Health Services Australia [HSA] before recommencing driving.
No longer taking
medication?
If you are seizure free and have been off medication for five years or more and
you can supply a normal neurological examination, a HSA medical officer may
recommend you as safe to have the epilepsy indicator removed from your licence
record.
Losing or
surrendering your licence
If the Road Transport Authority refuses to renew or cancels your licence on
medical grounds, or if you voluntarily surrender it, you will not regain it
until a satisfactory medical report is provided.
Retesting
If you have not held a licence for five [5] or more years, you will have to sit
a road rules knowledge test and a driving test to regain it.
Legal obligations
You are legally obliged to answer questions on the driver's licence application
form truthfully. Failure to disclose attracts a maximum penalty of $2000. If you
hold a current driver's licence and you "suffer any permanent or long-term
illness, injury or incapacity that may impair your ability to drive" the law [Reg
77 - NSW cl 30 [5]] requires you to advise the Road Transport Authority within
seven days. Failure to notify attracts a maximum penalty of $2000. If you
continue to drive after you have had a seizure and you have an accident, you
could also be sued under common law and you could be charged with driving
offences including careless and dangerous driving.
Appeal procedures
If you disagree with any decisions made by the Road Transport Authority in
relation to your driver's licence there are two appeal processes available to
you. Initially, you can appeal for an internal review of your case. If you are
not satisfied with this decision, you can then appeal to the Administrative
Appeals Tribunal.
For further
information on Driving and Epilepsy
Epilepsy Association of the ACT [Inc] on 02 6287 4555
Manager Licensing Registration, Department of Urban Services, PO Box 582
Dickson ACT 2602 Tel: 02 6207 7122
Driving in New South Wales
To gain a licence or permit in New South Wales
you must complete all the usual procedures as well as the additional
requirements set out below. Visit your nearest RTA Office for full details of
the standard application procedures.
What information
does the Road and Transport Authority require?
Everyone applying for a permit or licence must fill out an application form. One
of the questions on the form asks if you have a medical condition that may
impair your driving ability. If your answer is 'yes' the RTA will provide you
with a medical report from to be completed by your doctor. This report should be
from your treating doctor general practitioner, consultant physician or
neurologist.
How is your
medical report processed?
Your medical report is treated with the strictest confidence. If your doctor
considers you medically fit to drive and hands the report to you, you can either
post it or take it to a RTA office. A licence will then be issued.
If your doctor considers you medically unfit to
drive or wants to refer your case to a second doctor, they will send the report
directly to the RTA. You will be notified of the decision about your licence by
the RTA soon after.
Driving
commercial vehicles
The guidelines for commercial truck, taxi and bus licences are more severe than
those for private licences. In most cases, a person who has had any form of
epileptic seizure, apart from some childhood seizures will not be permitted to
drive commercial vehicles.
Re-assessing your
fitness to drive
Your doctor will take into account your medical history, the type of seizures,
the frequency of seizures, and your attitude to your health care [such as taking
your medication as prescribed]. An annual review is required and the RTA will
send you a medical report form approximately 8 weeks before you are due for a
medical examination. The form is to be completed by your doctor, indicating
whether you are medically fit to drive.
Retesting
If you have not held a licence [or permit] for five [5] or more years, you will
have to sit a written and driving test to regain it.
Legal obligations
You are legally obliged to answer questions on the learner's permit or driver's
licence application form truthfully.
If you hold a current driver's licence the law
requires you to advise the Road and Transport Authority as soon as practicable
of any impairment that may affect your fitness to drive. Austroad's Fitness to
Drive sets out clear guidelines relating to recommended seizure-free periods
before resumption of driving. These guidelines are available on-line at
www.austroads.com.au. If you continue
to drive after you have had a seizure and you have an accident, you could also
be sued under common law and you could be charged with driving offences
including careless and dangerous driving.
Appeal procedures
If you disagree with the decision of the Road and Transport Authority to
withdraw your driving privileges you can lodge an appeal within 28 days at your
local court.
For further
information on Driving and Epilepsy
Epilepsy Australia NSW on 02 8836 1343
Manager RTA Driver & Vehicle Administration Section, Locked Bag 14, Grafton
NSW 2460 Tel: 02 6640 2883
South
Australia
To gain a licence or permit in South Australia you must complete all the usual
procedures as well as the additional requirements set out below. Visit your
nearest Transport SA Customer Service Centre for full details of the standard
application procedures.
What information
does Transport SA Customer Service Centre require?
Everyone applying for a permit or licence must fill out an application form. One
of the questions on the form asks if you have epilepsy. If your answer is 'yes'
you will be given a medical report from to be completed by your treating doctor.
A letter from your treating doctor general practitioner, consultant physician
or neurologist is also acceptable as long as it is current.
How is your
medical report processed?
Your medical report is treated with the strictest confidence. If your doctor
considers you medically fit to drive a licence will then be issued.
Driving
commercial vehicles
The guidelines for commercial truck, taxi and bus licences are stricter than
those for private licences. In most cases, a person who has had any form of
epileptic seizure, apart from some childhood seizures will not be permitted to
drive commercial vehicles.
Re-assessing your
fitness to drive
Your doctor will take into account your medical history, the type of seizures,
the frequency and recency of seizures, and your attitude to your health care
[such as taking your medication as prescribed]. An annual review is required and
Transport SA will send you a medical report form approximately 4 weeks before
you are due for a medical examination. The form is to be completed by your
doctor, indicating whether you are medically fit to drive.
Retesting
If you have not held a licence [or permit] for five [5] or more years, you will
have to sit a written and driving test to regain it.
Legal obligations
You are legally obliged to answer questions on the learner's permit or driver's
licence application form truthfully.
If you hold a current driver's licence and
suffer and injury or illness that impairs your fitness to drive, the law
requires you to advise the Registrar, Transport SA in writing within a
reasonable time after the occurrence of injury or illness. If you continue to
drive after you have had a seizure and you have an accident, you could also be
sued under common law and you could be charged with driving offences including
careless and dangerous driving.
Appeal procedures
If you disagree with any decisions made by the Assistant Registrar in
relation to your learner's permit or driver's licence you can apply to the
Registrar to review the decision. If you are not satisfied with this review you
can then take action through the civil court.
For further
information on Driving and Epilepsy
Epilepsy Association of SA [Inc] on 08 8445 6131
Office Manager - Licence Services, Department of Transport, 60 Wakefield Street,
Adelaide SA 5000 Tel: 08 8226 7433
The Northern
Territory
To gain a licence or permit to drive in the Northern Territory you must complete
all the usual procedures as well as the additional requirements set out below.
Visit your nearest Motor Vehicle Office for full details of the standard
application procedures.
What information
does the Motor Vehicle Office require?
Everyone applying for a permit or licence must fill out an application
form. One of the questions on the form asks if you have a medical condition that
may impair our ability to drive. If your answer is 'yes' you will be asked to
provide a medical report. This report should be from your treating occupational
therapist or doctor general practitioner, consultant physician or neurologist.
How is your
medical report processed?
Your medical report is treated with the strictest confidence. Depending
on your doctor's report a permit or licence may then be issued immediately.
Re-assessing
fitness to drive
Your doctor will take into account your medical history, the type of
seizures, the frequency and recency of seizures, and your attitude to your
health care [such as taking your medication as prescribed]. It is up to your
doctor to indicate if any specific restrictions are required and the expiry date
of the medical certificate. It can be for the term of your licence eg five
years, or for a lesser period. This is a medical decision based on your doctor's
assessment. The Motor Vehicle Office will notify you when a new medical report
is due.
Driving
commercial vehicles
The guidelines for commercial truck, taxi and bus licences are stricter
than those for private licences. In most cases, a person who has had any form of
epileptic seizure, apart from some childhood seizures will not be permitted to
drive commercial vehicles.
Losing or
surrendering your licence
If the Registrar suspends your licence or permit on medical grounds, or
if you voluntarily surrender it, you will not regain it until a satisfactory
medical report is provided.
Retesting
If you have not held a licence [or permit] for five [5] or more years,
you will have to sit a written and driving test to regain it.
Legal obligations
You are legally obliged to answer questions on the learner's permit or
driver's licence application form truthfully. Failure to disclose attracts a
maximum penalty of $2000 or six months in gaol.
If you hold a current permit or licence and you
have a seizure, you should seek your doctor's advice about continuing to drive.
Austroad's Fitness to Drive sets out clear guidelines relating to recommended
seizure-free periods before resumption of driving. These guidelines are
available on-line at www.austroads.com.au
If you continue to drive after you have had a
seizure and you have an accident, you could also be sued under common law and
you could be charged with driving offences including careless and dangerous
driving.
Appeal procedures
If you disagree with any of the Registrar's there are avenues for appeal.
Contact you Motor Vehicle Office for further details.
For further
information on Driving and Epilepsy
Epilepsy Association of SA [Inc] on 08 8445 6131.
Dept of Transport and Works, GPO Box 530, Darwin NT 0801 Tel: 08 8999 3108
Queensland
To gain a licence or permit to drive in Queensland you must complete all the
usual procedures as well as the additional requirements set out below. Visit
your nearest Queensland Transport Customer Service Centre for full details of
the standard application procedures.
What information
does the Customer Service Centre require?
Everyone applying for a permit or licence must fill out an application
form. One of the questions on the form asks if you have epilepsy. If your answer
is 'yes' you will be asked to provide a medical certificate. The form will be
given to you at a Queensland Transport licensing centre. This certificate should
be from your treating doctor general practitioner, consultant physician or
neurologist.
How is your
medical report processed?
Your medical report is treated with the strictest confidence. Depending
on your doctor's report a permit or licence may then be issued immediately.
Assessing your fitness to drive
Your doctor will take into account your medical history, the type of seizures,
the frequency and recency of seizures, and your attitude to your health care
[such as taking your medication as prescribed]. It is up to your doctor to
indicate if any specific restrictions are required and the expiry date of the
medical certificate. It can be for the term of your licence eg five years, or
for a lesser period. This is a medical decision based on your doctor's
assessment. You will be notified when a current medical report is required.
Seizure-free?
If you have been seizure free while taking your medication for a number
of years and you have a doctor's report verifying this, you may apply to have
the epilepsy indicator removed from your licence record.
Losing or surrendering your licence
If Queensland Transport Customer Service Centre refuses to renew your licence or
permit on medical grounds, or suspends it, or if you voluntarily surrender it,
you will not regain it until a satisfactory medical report is provided.
Driving
commercial vehicles
The guidelines for commercial truck, taxi and bus licences are stricter
than those for private licences. In most cases, a person who has had any form of
epileptic seizure, apart form some childhood seizures will not be permitted to
drive commercial vehicles.
Retesting
If you have not held a licence [or permit] for five [5] or more years,
you will have to sit a written and driving test to regain it.
Legal obligations
You are legally obliged to answer questions on the learner's permit or
driver's licence application form truthfully. Making a false statement place the
status of your licence in jeopardy.
If you hold a current permit or licence and you
have a seizure, you should seek your doctor's advice about continuing to drive.
Austroad's Fitness to Drive sets out clear guidelines relating to recommended
seizure-free periods before resumption of driving. These guidelines are
available on-line at www.austroads.com.au and a detailed set of Queensland
Transport guidelines is also available from Epilepsy Queensland Inc.
If you continue to drive after you have had a
seizure and you have an accident, you could also be sued under common law and
you could be charged with driving offences including careless and dangerous
driving.
Appeal procedures
If you disagree with any decisions made by Queensland Transport in
relation to your learner's permit or driver's licence there are avenues of
appeal.
For further
information on Driving and Epilepsy
Epilepsy Queensland Inc on 07 3535 5000 for a detailed information sheet
about Queensland Licensing Guidelines
or your local Queensland Transport licence issuing centre.
Tasmania
To gain a licence or permit to drive in Tasmania you must complete all the usual
procedures as well as the additional requirements set out below. Visit your
nearest Service Tasmania Office for full details of the standard application
procedures.
What information
does the Tasmanian Licensing Authority require?
Everyone applying for a permit or licence must fill out an application
form. One of the questions on the form asks if you have fits, blackouts or
epilepsy. If your answer is 'yes' you will be asked to provide a medical report
after you have passed your permit or licence test. This report should be from
your treating doctor general practitioner, consultant physician or neurologist
and must be no more than three months old. Your doctor will take into account
your medical history, the type of seizures, the frequency and recency of
seizures, and your attitude to your health care [such as taking your medication
as prescribed]. It is up to your doctor to indicate if any specific restrictions
are required and the expiry date of the medical certificate.
How is your
medical report processed?
Your medical report will be sent to the Medical Review Area at the
Department of Infrastructure, Energy and Resources in Hobart for processing [by
fax from any Service Tasmania Office in Tasmania]. It will be treated with the
strictest confidence. It will be evaluated by non-medical staff according to set
guidelines. A permit or licence may then be issued immediately. Equally a permit
or licence may be denied at this stage.
A permit may not be issued due to insufficient
information, some doubt about the evidence in the medical report or the fact
that you have not been seizure-free for two years. You will then receive a
letter asking you to provide a written report from a medical specialist
[consultant physician or neurologist] recommended by your treating doctor
[general practitioner].
Prior Approval
You can apply for a medical clearance before you take your permit or
licence test by posting or faxing your medical report direct to any Service
Tasmania Office. If you post your report address it clearly to: Medical
Operations Officer, Department of Infrastructure, Energy and Resources, GPO Box
1002k, Hobart 7001
Driving
commercial vehicles
The guidelines for commercial truck, taxi and bus licences are stricter
than those for private licences. In most cases, a person who has had any form of
epileptic seizure, apart form some childhood seizures will not be permitted to
drive commercial vehicles.
What to do if you
have a seizure
If you hold a current permit or licence and you have a seizure, you
should have a thorough neurological examination. Austroad's Fitness to Drive
sets out clear guidelines recommending seizure-free periods before resumption of
driving. These guidelines are available on-line at
www.austroads.com.au
Losing or
surrendering your licence
If the Department of Infrastructure, Energy and Resources refuses to
renew your licence or permit on medical grounds, or suspends or cancels it, or
if you voluntarily surrender it, you will not regain it until you provide a
satisfactory medical report that meets the guidelines.
Retesting
If you have not held a licence [or permit] for five [5] or more years,
you will have to sit a written and driving test to regain it.
Refunds
You will receive a partial refund of your licence fee if your licence is
cancelled or if you decide to surrender it provided you make an application in
writing and your licence has over 12 months before expiry.
Legal obligations
You are legally obliged to answer questions on the learner's permit or
driver's licence application form truthfully. If you fail to do so, you could be
prosecuted and have your licence or permit withdrawn. Neither you nor your
doctor are legally obliged to notify the Department of Infrastructure, Energy
and Resources if you hold a current driver's licence and you have a seizure.
However if you continue to drive after you have had a seizure and you have an
accident, you could be sued under common law and you could be charged with
driving offences including careless and dangerous driving.
Grievance
procedures
If you disagree with any decisions made by the Department of
Infrastructure, Energy and Resources in relation to your learner's permit or
driver's licence, you have the right to appeal against their decisions in a
Magistrate's court. You should consult with a solicitor or the registrar of a
Magistrate's Court.
For further
information on Driving and Epilepsy
The Epilepsy Association of Tasmania on 03 6234 6967
Manager Driver Licensing, Department of Infrastructure Energy & Resources, 1
Collins Street, Hobart Tas 7001 Tel: 03 6233 5389
Victoria
Individual licence applications are considered by VicRoads. Difficult cases are
referred to the Victoria Institute of Forensic Medicine and very difficult cases
are referred to a panel of neurologists. The panel can evaluate your particular
circumstances instead of applying blanket criteria. Conditional licences and
much shorter seizure free periods are now options in some circumstances.
To gain a licence or permit, you must comply
with all the usual procedures, as well as additional information required by
VicRoads.
What information
does VicRoads require?
When you apply for a permit or a licence you must fill out an application
form. One of the questions on the form asks if you have fits, blackouts or
epilepsy. If you answer 'yes', you will be asked to provide a medical report
after you have passed your permit or licence test. This report can be from your
general practitioner or neurologist and must be no more than six months old. If
you provide a report when you obtained your permit, another will not normally be
required when you apply for your licence.
How is your
medical report assessed?
Your medical report will be treated with the strictest confidence. It
will be sent to the Medical Review Area at VicRoads where it will be assessed by
non-medical staff according to National guidelines. A permit or a licence may
then be issued immediately. Equally, a permit or licence may be denied at this
stage. If it is denied because there is insufficient information and/or because
there is some doubt about the information in the medical report, the non-medical
staff will seek clarification.
Clarification
from the Medical Review Area can be sought in any, or all, of the following
ways:
[a] consultation with your own doctor or neurologist;
[b] referral to independent medical practitioners, not affiliated with VicRoads
[VicRoads' medical advisers];
[c] referral to an independent Epilepsy Advisory Committee.
The Epilepsy Advisory Committee is made up of
VicRoads' medical advisers and neurologists who have extensive experience in
treating epilepsy. Members of the committee meet every 2 months.
Prior Approval
You can obtain medical clearance before you sit for your permit or
licence test by posting or faxing your medical report directly to VicRoads
Medical Review Area, or by taking it to any VicRoads office. If posting it, mark
it clearly with the words FOR PRIOR APPROVAL.
Driving
Commercial Vehicles
Guidelines for commercial truck, taxi and bus licences are stricter than
those for private licences. In most cases, if you have had any form of epileptic
seizure, [apart from some childhood seizures], you will not be permitted to
drive commercial vehicles.
What to do if you
have a seizure
If you hold a current permit or licence and you have a seizure, you
should have a thorough neurological examination. Austroad's Fitness to Drive
sets out clear guidelines relating to recommended seizure-free periods before
resumption of driving. These guidelines are available on-line at
www.austroads.com.au
Losing or
surrendering your licence/permit
If VicRoads refuses to renew your licence or permit on medical grounds,
or suspends or cancels it, or if you voluntarily surrender it, you will not
regain it until you provide a satisfactory medical report that meets the
guidelines.
Retesting
If you have not held a licence [or permit] for five [5] or more years,
you will have to sit a written and driving test to regain it.
Refunds
You will receive a partial refund of your licence fee if your licence is
cancelled due to your epilepsy or if you decide to surrender it.
Legal obligations
You must answer the questions on the permit or licence application form
truthfully. If you fail to do so, your licence or permit will be cancelled and
you may be prosecuted.
You are legally obliged to notify VicRoads if
you hold a current licence or permit and you have a seizure. If you continue to
drive after you have had a seizure and you have an accident, you could be sued
under common law, charged with driving offences including careless and dangerous
driving, and your insurance may be withheld.
Grievance
procedures
If you disagree with a decision made by VicRoads you can ask VicRoads to
review the matter. You also have the right to appeal in a Magistrates' court
against any decision by VicRoads. You should consult with a solicitor or the
registrar of a Magistrates' court.
For further
information on Driving and Epilepsy
Epilepsy Foundation of Victoria on 03 9805 9111 or email: epilepsy@epilepsy.asn.au
VicRoads Medical Review Area, P.O. Box 2504, Kew Vie 3101 Tel 131171 Fax 9854
2307 email:ccslicence@vrnotes.roads.vic.gov.au
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