State Driving Laws Database

Driver Information By State

Every state regulates driver's license eligibility of persons with certain medical conditions. The most common requirement for people with epilepsy is that they be seizure free for a specific period of time and submit a physician's evaluation of their ability to drive safely. Another common requirement is the periodic submission of medical reports, in some states for a specified period of time and in others for as long as the person remains licensed.

Select the state you want to find information about, or if you are moving and would like to compare two states' driving laws side by side? Choose the two states below to compare.

LawNew Jersey
DMV Appeal of License DenialYes
Doctors to Report EpilepsyYes
Periodic Medical Updates Required After Licensing Every 6 months for 2 years, thereafter annually
Seizure-Free Period6 months

New Jersey Driver Licensing Laws

Any person 16 years of age or older who suffers or who has suffered from recurrent convulsive seizures, recurrent periods of impaired consciousness, or from impairment or loss of motor coordination due to conditions such as, but not limited to, epilepsy, in any of its forms, shall, as a prerequisite to the issuance of a learner’s permit or driver’s license, renewal of a driver’s license, or retention of a driver’s license, establish to the satisfaction of the Chief Administrator that he or she has been free from recurrent convulsive seizures, recurrent periods of impaired consciousness, or from impairment or loss of motor coordination for a period of six months with or without medication and that he or she is physically qualified to operate a motor vehicle. [N.J.A.C. §13:19-5.1 (2012)].

If a driver’s license is denied, suspended, or revoked, a person has a right to appeal a decision of the Commission.  In order to appeal, a person must request a formal hearing, in writing, to the Commission within 25 days of the decision. The request must include all disputed material facts that the applicant/licensee or his attorney plans to raise at the hearing. [N.J.A.C. §13:19-1.2].  However, if the suspension or revocation of the license is a result of a deadly accident, then the licensee has only 10 days to request a hearing. The licensee then has 15 days in which to file an exception to an adverse decision with the Commission. The Commission’s decision is final, and may be appealed to the Appellate Division of the Superior Court within 45 days. [N.J.S.A. § 39:5-30].

Commercial Driving

New Jersey has adopted the requirements of the U.S. Department of Transportation regarding the licensing of persons with epilepsy to drive commercial motor vehicles.

New Jersey Identification Card

Any New Jersey resident 14 years of age and older with a disability can apply for a non-driver Person(s) with a disability ID, issued solely for the purpose of providing identification.  It is not a license to drive and cannot be used to park in a person(s) with a disability parking space.

New Jersey Reporting

New Jersey Law (N.J.S.A. 39:3-10.4) requires all physicians to report patients to the Motor Vehicle Commission within 24 hours after determining that a patient experiences any of the following: Recurrent convulsive seizures, recurrent period of unconsciousness or impairment, or loss of motor coordination due to conditions such as, but not limited to epilepsy in any of its forms which persist or recur despite medical treatment.   When the Commission becomes aware, upon information received or as a result of an investigation conducted, that a licensed driver or applicant for a learner's permit or driver's license suffers or has suffered from recurrent convulsive seizures, recurrent periods of impaired consciousness or from impairment or loss of motor coordination, he or she may require from such person on forms approved by the Chief Administrator:
1). A statement by the applicant or licensee of his or her case history; 2). A statement by the treating physician, including diagnosis, treatment and prognosis; 3. Any other information which the Chief Administrator may deem necessary to evaluate the motorist's qualification to operate a motor vehicle.

© 2014 Epilepsy Foundation. All rights reserved. This summary was developed for informational purposes by the Epilepsy Foundation and reflects a review of data available as of August 2014. Information is subject to change. This summary is not a substitute for legal advice. For further information, please consult your state Department of Motor Vehicles.

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The mission of the Epilepsy Foundation is to lead the fight to overcome the challenges of living with epilepsy and to accelerate therapies to stop seizures, find cures, and save lives.

 
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