Illinois
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 | Illinois |
|---|---|
| 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 | No set seizure-free period |
Illinois Driver Licensing Laws
An applicant with epilepsy will be granted a license if they submit a doctor's statement certifying that the individual can safely operate an automobile. There is no specific seizure-free period. ILL. ADMIN. CODE tit. 92, § 1030.10 (2020). A person who answers affirmatively to any questions on a medical questionnaire in application for a driver’s license or who is reported to the Department of Driver Services as having a physical or mental disability must submit a medical report, completed by their physician, to be issued or reissued a license. ILL. ADMIN. CODE tit. 92, § 1030.16(a). All medical reports are submitted to the Board for review by a Board member, and a preliminary determination is made as to whether the person is competent to operate a motor vehicle safely. ILL. ADMIN. CODE tit. 92, § 1030.16(l). The Board member’s recommendation is referred to the Chairperson, who makes the final determinations on suspension, revocation, or denial of driver’s licenses. ILL. ADMIN. CODE tit. 92, § 1030.16(m). Applicants are also required to sign a medical agreement each time they submit a medical report, which states the applicant has agreed to remain under the care of their physician and adhere to treatment. The agreement also authorizes their physician to report any change in their condition that would impair their ability to safely operate a motor vehicle. ILL. ADMIN. CODE tit. 92, § 1030.16.
"No member of the Board, medical practitioner, clinic, hospital, or mental institution, whether public or private, shall be liable or subject to criminal or civil action for any opinions, findings, or recommendations, or for any information supplied to the Secretary of the Board, regarding persons under review, or for reports required by this act, except for willful and wanton misconduct." 625 ILL. COMP. STAT. ANN. ILCS 5/6-910 (2020).
Applicants are required to notify the Secretary of State of any medical condition which is likely to cause loss of consciousness or loss of ability to safely operate a motor vehicle. 625 ILL. COMP. STAT. ANN. 5/6-116.5 (2020). An individual's license may be canceled if the Department receives an unfavorable medical report indicating inability to safely operate a motor vehicle, or the applicant fails to submit a current medical report requested by the Department, or the Medical Advisory Board denies driving privileges. 625 ILL. COMP. STAT. ANN. 5/6-905 (2020). A cancellation of driving privileges due to medical reasons is distinguished from a license which was revoked for driving violations.
A person whose license has been denied or canceled for medical reasons may request a hearing. 625 ILL. COMP. STAT. ANN. 5/6-906 (2020). An individual may have their case reviewed by a Medical Advisory Board physician. The individual may request a review of this action by a three member panel of Board physicians. ILL. ADMIN. CODE tit. 92, § 1001.530 (2020). If the panel upholds the recommendation to deny driving privileges, the applicant may at any time make a written request for a medical hearing. ILL. COMP. STAT. ANN. 5/6-906 (2020). Finally, the case may be appealed to the circuit court. ILL. COMP. STAT. ANN. 5/6-212 (2020).
Commercial Driving
Illinois has adopted the federal regulations with regard to licensing drivers to participate in intrastate trucking. 625 ILL. COMP. STAT. ANN. 5/6-500.2 (2020). Persons with epilepsy are ineligible to obtain a waiver and will not be licensed to drive vehicles or buses carrying 16 or more people, including school buses. 625 ILL. COMP. STAT. ANN. 5/6-500(6) (2020).
Illinois Identification Card
An individual may obtain an identification card through any driver's license facility. The fee for individuals under 65 years of age is $20. There is no fee for individuals 65 years of age and older.
Illinois Reporting
In order to retain a driver's license, a person with epilepsy is required to authorize his/her physician to "report immediately any change" in their condition which would impair the ability to safely operate a motor vehicle. ILL. ADMIN. CODE tit. 92, § 1030.10 (2020). Applicants are required to notify the Secretary of State of any medical condition which is likely to cause loss of consciousness or loss of ability to safely operate a motor vehicle. 625 ILL. COMP. STAT. ANN. 5/11-408 (2020). Law enforcement is required to report to the Secretary of State all accidents or incidents which were caused by a loss of consciousness, seizure, or blackout. 625 ILL. COMP. STAT. ANN. 5/11-408 (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.