West Virginia
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 | West Virginia |
|---|---|
| DMV Appeal of License Denial | Yes |
| Doctors to Report Epilepsy | No |
| Periodic Medical Updates Required After Licensing | At discretion of Medical Advisory Board |
| Seizure-Free Period | 6 months |
West Virginia Driver Licensing Laws
The West Virginia license application asks whether the applicant has experienced seizures or loss of consciousness, whether any special equipment is required to drive, and whether a physical condition affects their ability to drive safely. If the applicant answers “yes,” they are required to provide a letter of explanation. If the department has good cause to believe that the applicant/licensed operator is unqualified to be licensed, they may require them to submit to an examination upon written notice of five days. W. VA. CODE. R. § 17B-3-7 (2020). A person whose license has been denied or suspended may appeal the decision by requesting an administrative hearing which shall be granted within twenty days of request. W. VA. CODE. R. § 17B-3-6 (2020). The person has a right to judicial review of the administrative order. The individual must file a petition for review within thirty days after receiving notice of the order. W. VA. CODE R. § 29A-5-4(B) (2020).
Commercial Driving
West Virginia has adopted the federal DOT's medical standards for intrastate commercial driver's licensing. However, the driver may be eligible for a waiver from those restrictions if seizure-free for three years. W. VA. CODE R. § 91-4-14 (2020).
West Virginia Identification Card
A person who does not hold a current license may obtain an identification card through the Department of Motor Vehicles. The base fee for a West Virginia identification card is $5 per year plus $0.50. The base fee for a federal compliant identification card is $10. W. VA. CODE R. § 17B-2-8(b) (2020).
West Virginia Reporting
There is no provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy to a central state agency. Physicians, law enforcement officers, hospitals, and relatives and caregivers can, with good cause, report are allowed to report drivers to the DMV if they believe that the person is unable to safely operate a motor vehicle. W. VA. CODE R. § 91-5-9.2 (2020). Physicians are immune from any civil or criminal liability as a result of reporting the condition to the DMV. W. VA. CODE R. § 17B-3-13 (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.