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.

Select the state you want to find information about, or if you are moving and would like to compare two states' driving laws side by side? Choose the two states below to compare.

Law New York
DMV Appeal of License Denial Yes
Doctors to Report Epilepsy No
Periodic Medical Updates Required After Licensing At discretion of DMV
Seizure-Free Period 1 year, less at discretion of DMV

New York Driver Licensing Laws

Any applicant for New York driver’s license, who has either ever lost consciousness, is seeking license renewal but lost consciousness since their license was last issued, or has ever experienced loss of consciousness that is reported to the state by a medical practitioner or law enforcement officer, will receive notice of proposed license denial or suspension. N.Y. VEH. & TRAF. § 502(8)(d)(ii)(2020). The individual must request a hearing within thirty days of receiving notice. A currently licensed driver keeps their license during this process. If the request is not submitted within the thirty days, their license is suspended. N.Y. COMP. CODES R. & REGS tit. 15, § 9.4(a)(2020). The remedies available after those thirty days are unclear. Judicial review of the Commissioner's determination after a hearing may be had without an administrative appeal. N.Y. COMP. CODES R. & REGS tit. 15, § 9.6(b)(2020).

The applicant must present evidence from a medical practitioner that has examined them within 120 days of the hearing. The practitioner may be required to submit reports at regular intervals, including whether applicant adheres to medication. N.Y. COMP. CODES R. & REGS tit. 15, § 9.5(2020).

Commercial Driving

First-time commercial driver license applicants and current commercial licensed drivers applying for renewal are required to certify that they comply with federal Department of Transportation’s medical standards for licensing individuals to drive commercial vehicles and that they have a valid medical examiners certificate. Only those applicants who had obtained their commercial driver’s license prior to September 9, 1999 and who had a restriction for “intrastate commerce only,” who had not dropped down in commercial class or had their commercial privileges revoked, are able to retain the restriction without the medical examiner’s certificate. Persons with diagnosed seizure disorders or any condition which is likely to cause loss of consciousness or any loss of ability to control a bus are disqualified from driving a bus. N.Y. COMP. CODES R. & REGS tit. 15, § 6.10(8)(2020).

New York Identification Card

Photo non-driver identification cards are available through the local Department of Motor Vehicles.

New York Reporting

There is no statutory provision requiring physicians to report patients who have been treated for or diagnosed as having epilepsy.

 

© 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.

Sign Up for Emails

Stay up to date with the latest epilepsy news, stories from the community, and more.