North Carolina
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 Carolina |
|---|---|
| DMV Appeal of License Denial | Yes |
| Doctors to Report Epilepsy | No |
| Periodic Medical Updates Required After Licensing | At discretion of DMV |
| Seizure-Free Period | 6 months |
North Carolina Driver Licensing Laws
North Carolina’s Division of Motor Vehicles will not issue a license to a person afflicted with a medical condition that “prevent[s] such person from exercising reasonable and ordinary control over a motor vehicle while operating the vehicle upon the highways.” N.C. GEN. STAT. § 20-9(e) (2020). The Division may issue a restricted license or unrestricted license when the applicant suffers from a physical disability that affects their reasonable control of a vehicle, the Division will take into account a signed health certificate from the treating physician but are not bound by the recommendation. N.C. GEN. STAT. § 20-9(g)(1)-(2) (2020).
North Carolina authorizes driver license examiners, driver license hearing officers, driver education specialists, law enforcement officers, court officials, physicians, or citizens to report drivers with certain illnesses such as epilepsy, which may make driving unadvisable, to the Division of Motor Vehicles for examination. These reports are evaluated by a Division of Health Services physician, and may be reviewed by a panel of practicing physicians. The panel may recommend approval of the person’s driving privileges, approval with restrictions, or disapproval. A driver who receives an unfavorable outcome may appeal the decision to the Medical Advisory Board. 19A N.C. ADMIN. CODE 3B.0301 (2020).
A person whose license has been denied for medical reasons may request a hearing in writing to the Division of Motor Vehicles within ten days of the notice of cancellation. N.C. GEN. STAT. § 20-9(g)(4) (2020). The licensee may retain their license during the hearing process until advised otherwise by the Review Board, unless the Division determines there is an imminent threat to public safety. N.C. GEN. STAT. § 20-9(g)(4) (2020). Actions of the Review Board are subject to judicial review under N.C. Gen. Stat. Chap. 150B.
Commercial Driving
North Carolina has adopted the federal Department of Transportation's medical standards for licensing individuals to drive commercial vehicles intrastate. N.C. GEN. STAT. § 20-37.13 (2020). Persons with epilepsy unable to meet DOT standards may apply to the state for an intrastate waiver. Waivers are granted for no more than two years and are subject to the following conditions: (1) commercial drivers license indicates only valid for intrastate operation; (2) licensee must submit to medical recertification at intervals set by the Division; (3) the holder must submit all documentation timely; (4) failure to meet any condition results in an immediate downgrade to a regular drivers license. N.C. GEN. STAT. § 20-37.13A (2020).
North Carolina Identification Card
A person may obtain an identification card at a local driver license office for a $13.00 fee. N.C. GEN. STAT. § 20-37.7; § 20-14 (2020).
North Carolina Reporting
North Carolina has no statutory provision requiring physicians to report patients diagnosed with epilepsy or seizures to a central state agency. However, after consulting with a patient, a physician may report a mental or physical condition that could impair the patient’s ability to safely operate a motor vehicle to the Commissioner of Motor Vehicles. Physicians who report such conditions in good faith are immune from civil or criminal liability. N.C. GEN. STAT. § 20-9.1 (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.