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.

LawDelaware
DMV Appeal of License DenialYes
Doctors to Report EpilepsyYes
Periodic Medical Updates Required After LicensingAnnually
Seizure-Free PeriodNo set seizure-free period

Delaware Driver Licensing Laws

Licensing regulations require that a person with epilepsy obtain a certificate from a physician stating that the condition is under sufficient control to permit the safe operation of a motor vehicle. DEL. CODE ANN. tit. 21, § 2707(b)(6) (2020). The driver must then present such a certificate annually, before the last day of the licensee’s birth month but no sooner than forty-five days prior to the same. DEL. CODE ANN. tit. 21, § 2707(b)(6) (2020). There is no set seizure-free period. The medical information submitted by an applicant is reviewed by the Motor Vehicle Division. Upon issuing a driver’s license, the department may, upon showing of good cause, place restrictions on an individual’s license that the department deems appropriate for safe operation of a motor vehicle. DEL. CODE ANN. tit. 21, § 2722(a) (2020). An applicant who has been denied a license may appeal to the Court of Common Pleas in the county where the individual resides. DEL. CODE ANN. tit. 21, § 2734 (2020). 

Delaware law immunizes a physician. DEL. CODE ANN. tit. 21, § 2724(g) (2020). who provides such a certificate in good faith from civil or criminal liability on account of having provided the certificate. DEL. CODE ANN. tit. 21, § 2707(b)(6) (2020).

Commercial Driving

Delaware has adopted the medical standards of the federal Department of Transportation for granting commercial drivers licenses. DEL. CODE ANN. tit. 21, § 2602 (2020). A person who is not physically qualified to drive a commercial motor vehicle under the federal standard may apply for an intrastate only restrict commercial driver’s license waiver if he is otherwise qualified to drive a motor vehicle. DEL. CODE ANN. tit. 21, § 4704 (2020).

An intrastate waiver applicant must be qualified to operate a personal motor vehicle and the applicant must: 1) have held a commercial driver’s license and been employed on a full time basis in the operation of motor vehicles weighing over 26,000 pounds for at least 4 of the last six years; 2) not have had a CDL disqualification during the previous six years; 3) not have incurred 4 or more serious traffic violations, railroad-highway grade crossing offenses or out-of-service violations during the previous six years; 4) provide a favorable, fully completed State of Delaware Physician’s Findings report; 5) provide a favorable, fully completed State of Delaware Report of Visual Status; 6) submit a signed application; and 7) submit a signed acknowledgement/request for waiver letter from his/her employer. DEL. CODE ANN. tit. 21, § 4704 (2020). Persons with epilepsy may not be licensed to drive passenger carrying vehicles such as taxis, buses or school buses.

Delaware Identification Card

Every state resident may obtain a Nondriver Identification Card from the Division of Motor Vehicles. There is a $20.00 fee. DEL. CODE ANN. tit. 21, § 3103 (2020).

Delaware Reporting

Every physician attending or treating persons who are subject to losses of consciousness due to a disease of the central nervous system shall report within one week to the Division of Motor Vehicles the names, ages and addresses of all such persons unless such person's infirmity is under sufficient control to permit the person to operate a motor vehicle with safety to person and property. Failure to do so is punishable by a fine of $5.00 to $50.00 and costs for failure to report. DEL. CODE ANN. tit. 24, § 1763 (2020).

© 2020 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 2020. 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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