Nebraska
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.
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| Law | Nebraska |
|---|---|
| DMV Appeal of License Denial | Yes |
| Doctors to Report Epilepsy | No |
| Periodic Medical Updates Required After Licensing | No |
| Seizure-Free Period | No set seizure-free period |
Nebraska Driver Licensing Laws
Applicants are asked medical questions on their application when applying for a driver’s license. NEB. REV. STAT. § 60-4,118 (2020). Any person with a physical condition that would detract from their ability to safely operate a motor vehicle must show through examination by a personal physician that they have the ability to do so. The statute does not specifically mention either epilepsy or a required seizure-free period; the determination for license eligibility is made on a case-by-case basis. Any medical information submitted is reviewed by the director with the aid of the Health Advisory Board and medical examiner. NEB. REV. STAT. § 60-4,118(3) (2020). If the director determines that the licensee or applicant is incapable of driving safely, the Department may offer a restricted license as to the time, purpose, and area of operation of a motor vehicle or may choose to suspend or deny the license. NEB. REV. STAT. § 60-4,118(3) (2020).
A physician who provides such information does not have statutory immunity from liability for damages arising out of an accident caused by a seizure. NEB. REV. STAT. § 60-4,118.03 (2020). A person who has been denied a license has the right to an immediate appeal to the Director of the Department of Motor Vehicles, and an order must be fashioned with ten days of the appeal unless the Director chooses to consult with the Health Advisory Board (then the order must be fashioned within forty-five days). NEB. REV. STAT. § 60-4,114(4) (2020). The decision to deny or cancel may be appealed to district court. The appeal must be filed within thirty days after the date of the decision or final order. NEB. REV. STAT. § 60-4,105 (2020).
Commercial Driving
In order to obtain a commercial driver's license, the applicant must meet the federal commercial driver licensing regulations and also present medical certification with the application. NEB. REV. STAT. § 60-4,145, 146 (2020). Individuals with epilepsy must meet the federal Department of Transportation medical requirements to drive school buses. People with epilepsy may be granted a waiver for intrastate commercial licenses. NEB. REV. STAT. § 60-4,146 (2020).
Nebraska Identification Card
An individual must appear before a license examiner, provide two forms of identification, complete an application and then present the application to the county treasurer for issuance of a State ID Card. § 60-4,181. Fees for Nebraska’s identification cards range from $10.00 to $48.00, depending on the expiration dates and surcharges. NEB. REV. STAT. § 60-4,115 (2020).
Nebraska Reporting
There is no statutory provision requiring physicians to report patients with epilepsy to a central state agency.
© 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.