Montana

An individual applying for a driver’s license in Montana must provide a brief description of any condition that impairs or may impair a person’s ability to exercise ordinary and reasonable control in safely operating a motor vehicle. MONT. CODE ANN. § 61-5-107(2)(c) (2020). Montana does not require a specific seizure-free period in order for a person with epilepsy to be eligible for a driver's license. However, a person "who has any condition characterized by lapse of consciousness or control, either temporary or prolonged" may be issued a license at the discretion of the Department of Motor Vehicles (DMV) if they are otherwise qualified and the individual's attending physician attests in writing that the "person's condition has stabilized and would not be likely to interfere with that person's ability to operate a motor vehicle safely." MONT. CODE ANN. § 61-5-105(7) (2020).

Montana learns about whether an individual has epilepsy through its application and renewal forms and through doctors who voluntarily report their patient's condition to the DMV. A licensee may be required to submit to reexaminations or medical evaluations (upon notice of at least five days to the licensee) if the DMV receives reliable information that the licensee is unable to operate a motor vehicle safely. MONT. CODE ANN. § 61-5-207(1) (2020). If review of the medical evaluation reveals truth to the assertion, then the DMV may either restrict or suspend the license until the Department receives credible information that the driver has regained their ability to safely operate a vehicle. MONT. CODE ANN. § 61-5-207 (2020).

The DMV is required to provide a licensee with immediate notice of denial or suspension of a driver’s license due to a medical condition. MONT. CODE ANN. § 61-5-206(2) (2020). A person whose license has been denied or suspended may request an administrative hearing in the county in which they reside which must be granted within 20 days of the request. MONT. CODE ANN. § 61-5-206(2) (2020). An appeal may be made to the district court in the county in which the petitioner resides, but the appeal must be made within thirty days of the denial or suspension. MONT. CODE ANN. § 61-5-211 (2020).

Commercial Driving

In order to obtain a license to drive trucks intrastate, the applicant must complete a medical statement on a department form unless they present a current medical certificate. MONT. ADMIN. 23.3.507(1) (2020). A person with epilepsy must present a statement from their physician. MONT. ADMIN. R. 23.3.507(2) (2020). The certification must include (but is not limited to): (a) the current clinical diagnosis, (b) the dates within the last 5 years of any episode that resulted in loss of consciousness, (c) the medications prescribed, and the side effects, whether the driver has exhibited or reported such side effects, and a statement whether the condition is chronic or temporary (if chronic whether controlled or advancing). MONT. ADMIN. R. 23.3.507(2) (2020). An individual with a clinic diagnosis or established medical history of epilepsy cannot qualify for an interstate commercial license. MONT. ADMIN. R. 23.3.504 (2020).

A non-driver may apply for an identification card at the Motor Vehicles Division. MONT. CODE ANN. § 61-12-501 (2020). There is a fee of $16.00, and expires after eight years, ($8 for someone under 21, and expires after four years), and the applicant must provide proof of identity and Montana residency. MONT. CODE ANN. § 61-12-504 (2020). A person with a disability may obtain a free identification card. MONT. CODE ANN. § 61-12-501, 504 (2020).

There is no statutory provision requiring physicians to report a central who have been treated for or diagnosed as having epilepsy. Physicians are granted immunity from liability for reporting in good faith any patient whom the physician diagnoses as having a condition that, in the physician's judgment, will significantly impair the patient's ability to safely operate a motor vehicle. MONT. CODE ANN. §37-2-311 (2020). Such a report can be used as evidence in a proceeding involving the suspension of driving privileges, the report cannot be used in a criminal or civil proceeding without consent from the patient. 37-2-311(a)-(b) (2020). No action may be brought against a physician for not making such a report. MONT. CODE ANN. § 37-2-303 (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.