Driving with Epilepsy?
Jane Lam
I finally have my freedom. These are the first words of many students when they get their driver's license. For the vast majority of youths and adults in Canada who own a vehicle, driving has become an essential part of life. Whether it is a rite of passage into adulthood, an indication of power and independence, or means of convenient transportation, driving is an integral part of the way we live; it is exceedingly difficult to live without it. But what does driving mean to those with epilepsy?
Unfortunately, those who want a driver's license but have epilepsy, are looked at critically by the Ministry of Transportation. The back of an Ontario driver's license states, "If you become physically or mentally disabled to an extent that might affect your safe operation of a motor vehicle notify the Ministry immediately." Furthermore, a physician has the obligation to report any health concerns if the individual does not. According to The Highway Traffic Act (section 203), "Every legally qualified medical practitioner shall report to the Registrar the name, address and clinical condition of every person sixteen years of age or over attending upon the medical practitioner for medical services, who in the opinion of such medical practitioner is suffering from a condition that may make it dangerous for such a person to operate a motor vehicle."
Whether one's seizures are severe or not, anyone with epilepsy must have their seizures reported to the Ministry of Transportation. The Ministry will contact the individual via mail, and they are required to fill out medical information regarding their health. If this is not completed within a reasonable time frame, the license will be suspended. However, if the Ministry of Transportation feels that the individual's record of seizures are severe enough, they will send a notice of suspension of their licence, along with an explanation of their reasons for doing so.
As the information is being reviewed, the applicant has the opportunity to appeal to the Ministry by calling to make an appointment for a personal Administrative Review. Here, the applicant can bring to light any information they feel that the Ministry is concerned with, and bring forth any information that may have been missed. If the individual can not attend this review, they have the option of presenting an appeal by paper, and submitting it to the Ministry.
If the Ministry decides that the applicant's license should remain suspended, because of their health condition, applicants may make a second appeal with a lawyer to the county judge or district court. Otherwise, the suspension will remain in effect until the individual is at least one year seizure free from the date of the most recent seizure. (This may change from province to province.)
If they are allowed to retain a license, driving must be done with extreme caution. If seizures should occur after the license is given, it is against the law to continue driving. In addition, if medication should change, the driver should wait to see if there are any side effects before driving again. It is crucial to be in control of one's seizure when driving. The risk of course is not only to the driver of the vehicle but also to those with whom they share the road.!
For further information, contact:
Law society of Upper Canada, 1-800-668-7380
Ministry of Health, 1-800-268-1153
Ministry of Transportation, 1-800-268-4056
Epilepsy Ontario, 1-800-463-1119
The Canadian Medical Association
http://www.cma.ca
