Pennsylvania

An applicant or licensed driver who has a seizure disorder must be seizure-free for six months, certified by a licensed physician, before they will be allowed to drive. However, a person who only experiences auras is not included in this restriction. 67 PA. CODE § 83.4(a) (2020). The department may waive this requirement upon the request of the physician if the person: (1) has nocturnal seizures or a pattern of seizures occurring immediately upon waking, with or without medication, which has been established over a period of at least 2 years immediately preceding; or (2) experiences a specific prolonged aura, with or without medication, which has been established over a period of 2 years; or (3) was previously seizure-free for a six-month period and the subsequent seizure(s) occurred as a result of a prescribed change or removal from medication while under the supervision of a licensed physician, and prior medication has been reinstituted; or (4) was previously seizure-free for a six-month period and the subsequent seizure(s) occurred during or concurrent with a nonrecurring transient illness, toxic ingestion, metabolic imbalance, or nonrecurring trauma. 67 PA. CODE § 83.4(b) (2020). The Department may consult the Medical Advisory Board to determine licensing eligibility. 75 PA. CONS. STAT. ANN. § 1517 (2020).

If the Department has cause to believe that a licensee or applicant is incompetent to drive a motor vehicle safely, it may require the person to submit to additional medical testing and/or may deny, recall, or suspend the license. 75 PA. CONS. STAT. ANN. § 1519 (2020). A person whose license has been suspended, recalled or denied may appeal the decision to the Court of Common Pleas. They must file their appeal within thirty days from the date the decision was mailed. 75 PA. CONS. STAT. ANN. §§ 1519, 1550(c) (2020). The department shall have the authority to issue restricted or probationary licenses. 75 PA. CONS. STAT. ANN. § 1512 (2020).

Commercial Driving

Pennsylvania has adopted the federal Department of Transportation's medical criteria for licensing individuals to drive commercial vehicles intrastate. Which means, any person whose ability to perform their normal duties has been impaired by physical disease must be examined and certified as physically qualified to operate a commercial vehicle. 75 PA. CONS. STAT. ANN. § 1607 (2020). If an applicant for school bus operations has a history or clinical diagnosis of seizure disorders, a waiver for physical qualifications may be granted provided: (A) there has been no more than a single nonrecurring episode of loss of consciousness within the last two years, which did not require treatment or (B) a seizure disorder has been diagnosed but the individual has been episode free for five years and not required treatment preceding application. 67 PA CODE § 71.3(b)(10) (2020).

The Driver Licensing Bureau will issue photo identification cards to non-drivers, drivers must present appropriate documentation, the cards expire after four years and the fee is $5.00. 67 PA. CODE § 91.4(a) (2020).

Physicians and others authorized to diagnose or treat disorders characterized by lapses of consciousness are required to report patients with such disorders who are over the age of fifteen within ten days to the Pennsylvania Department of Transportation. 75 PA. CONS. STAT. ANN. § 1518(b) (2020). Physicians and agencies are not civilly or criminally liable for such reports. 75 PA. CONS. STAT. ANN. § 1518(f) (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.