Massachusetts

When the Registry receives information that a licensee/applicant has experienced a seizure which will or may impact safe operation of a vehicle, the licensee/applicant will be deemed ineligible for a license. The individual shall voluntarily surrender or Registry shall revoke license, until they have been seizure free for six months and submits a detailed physician's report and recommendation that they are able to drive safely. 540 MASS. CODE REGS. 24.06 (2020). A licensee or applicant may be exempt from the 6 month period upon a physician’s certification that their medical condition and medications will not interfere with the safe operation of a motor vehicle, citing specific reasons for such determination. 540 MASS. CODE REGS. 24.06(2) (2020). Alternatively, the Registrar may require a longer episode-free period. 540 MASS. CODE REGS. 24.06(2) (2020). The individual may be required to submit additional medical evidence, including further medical evaluations, of their ability to drive safely. 540 MASS. CODE REGS. 24.06(3) (2020). The certifying neurologist has no explicit immunity from liability for damages arising out of an accident caused by a seizure.

A physician or law enforcement officer who has reasonable cause to believe that an individual is not medically capable of operating a motor vehicle, may make a report to the Registrar, requesting a medical evaluation. MASS. GEN. LAWS ANN. ch. 90 § 22I(A). The report shall state the medical information underlying the physician or officer’s reasonable belief, which is based on physical observations or evidence, or an investigation. MASS. GEN. LAWS ANN. ch. 90 § 22I(B) (2020). Upon receipt of report, the Registrar with the aid of the medical advisory board (MAB) must conduct a review of the report within thirty days of receipt to determine if the licensee or applicant can safely operate a motor vehicle . MASS. GEN. LAWS ANN. ch. 90 §§ 8C, 22I(B) (2020).

A licensee must be given fourteen days notice before their license may be suspended or revoked. MASS. GEN. LAWS ANN. ch. 90 § 22(b). The licensee then has fourteen days after the date of such notice within which to request in writing a hearing with the Registrar of Motor Vehicles about the reason(s) for the revocation or suspension. § 22(b). Any decision of the Registrar to revoke, suspend, or deny a license may be appealed within ten days to the Board of Appeals on Motor Vehicle Liability Policies and Bonds. 12 Mass. Prac., Motor Vehicle Law and Practice § 21:43 (4th ed.) (2020).

Commercial Driving

Massachusetts has adopted the Department of Transportation’s medical standards for licensing individuals to drive commercial motor vehicles intrastate and the driver must carry a valid medical certificate. There is no medical waiver available for applicants with epilepsy. 12 Mass. Prac., Motor Vehicle Law and Practice § 21:18 (4th ed.) (2020). An individual who has a current diagnosis of epilepsy is not eligible to receive a certificate or license to operate a school bus, but an individual without a current epilepsy diagnosis is eligible, but may be subject to review by the Medical Board. 540 MASS. CODE REGS. 2.15(3A)(d) (2020).

Anyone 18 years or older who does not have a valid driver’s license may obtain an identification card through the Registry of Motor Vehicles for a $15.00 fee.

There is no provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy to a central agency. A physician or law enforcement officer who reports in good faith, has statutory immunity from reporting or failing to report a person with epilepsy to the Registrar. MASS. GEN. LAWS ANN. ch. 90 §§ 8C, 22I(B) (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.