North Dakota
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 | North Dakota |
|---|---|
| DMV Appeal of License Denial | Yes |
| Doctors to Report Epilepsy | No |
| Periodic Medical Updates Required After Licensing | Annually for at least 3 years |
| Seizure-Free Period | 6 months; restricted license available after 3 months |
North Dakota Driver Licensing Laws
A person who has been seizure-free for 3 months may be able to obtain a restricted license if they submit a written certification from their treating physician that also includes: that the patient has been seizure-free for that period, and that the patient’s epilepsy is adequately controlled and that the individual can safely operate a motor vehicle. A person who has been seizure free for six months may obtain a license by submitting a sworn statement that they have been seizure-free for at least six months. The applicant must also submit a written certification from their doctor that they have been seizure-free for six months, has been cooperating in the treatment of their epilepsy, and that the individual can safely operate a motor vehicle.
A licensee must submit medical reports at least once a year. The reports are not required after the person has been off medication and seizure-free for 3 years. N.D. ADMIN. CODE § 37-03-01-05 (2020). Medically induced “episodes” are not considered in determining driving privileges. N.D. ADMIN. CODE § 37-03-01-05 (2020). However, if the treating physician establishes a single episode as an isolated incident unlikely to recur, the person could be allowed to operate a motor vehicle.
Commercial Driving
North Dakota has adopted the federal Department of Transportation's criteria for licensing commercial intrastate truck drivers. N.D. ADMIN. CODE § 37-03-01-04 (2020). However, if an individual was diagnosed with epilepsy before March 26, 1991 and held a valid commercial drivers license at that time, the individual may continue to be licensed to drive commercial vehicles. N.D. CENT. CODE § 39-08-21 (2020). Bus and school bus drivers must meet the commercial driver license requirements. N.D. CENT. CODE § 15.1-07-20 (2020).
North Dakota Identification Card
A non-driver may obtain an identification card from the Driver's License Division. The fee is $8.00 and the card is valid for 8 years. N.D. CENT. CODE § 39-06-03.1 (2020).
North Dakota Reporting
Physicians are not required to report patients with epilepsy to a state agency. However, there is a law giving physicians permission to report to the state Department of Transportation in writing, the name, date of birth and address of every patient over the age of 14 who they have reasonable cause to believe is incapable to safely operating a motor vehicle due to lapses of consciousness or physical impairments (such disorders are defined by the state department of health). Physicians who fails to make a report, makes a report in good faith, gives an opinion or recommendation, or participates in any related proceeding are immune from liability. N.D. CENT. CODE § 23-07-01.1 (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.