Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Cyman; DoughtyOne
Cyman wrote: "If this is a previously diagnosed condition of epilepsy, seizures or fainting , it is against California law for him to possess a valid driver's license."

That is not entirely true. From the California DMV:

Driver Safety Information Lapses of Consciousness Disorders


Disorders characterized by lapses of consciousness result from many medical conditions. Epilepsy is the most common disorder seen by the department. Regulations governing lapses of consciousness disorders are contained in Article 2.4, Sections 110.01 and 110.02, of Title 13, California Code of Regulations.

Epilepsy is not a disease. It can occur at any age and can also remit spontaneously. Epilepsy is a condition characterized by two or more recurring seizures.

While the causes of epilepsy are not always known, seizures can be caused by anything that impairs normal brain function such as trauma, tumor, infection, genetics, stroke, injury, injury at birth, metabolic imbalances, high fever, or an overdose of toxins from alcohol or drugs.

Sleep disorders can also manifest themselves as a loss of awareness or loss of consciousness. Some lapse of consciousness disorders cannot be corrected.

Actions Appropriate to Lapse of Consciousness Disorders



The guidelines describe different situations in which the following actions should be taken after evaluating a driver with a lapse of consciousness disorder.

No action
Medical probation Type II
Medical probation Type III
Suspension
Revocation

Medical Probations


The department has the authority under Vehicle Code Section 14250, to place a person's driving privilege on probation in lieu of suspension or revocation. A medical probation allows the department to monitor the driver's medical condition on an ongoing basis.

There are two medical probations that are appropriate for drivers with lapse of consciousness disorders, Medical Probation Type II and Type III.

Placing a person on medical probation allows drivers with controlled epilepsy and other disorders characterized by a lapse of consciousness to continue driving.

A medical probation is only to be used when control of a lapse of consciousness disorder has been achieved for at least three months.

Medical probation Type II is for drivers who have achieved three to five months of control. The driver is required to authorize his/her treating physician to complete the Driver Medical Evaluation (form DS 326) and submit it to the department on a prescribed basis.

The decision to place a driver on Medical probation Type II should be based on a combination of considerations. The main factors include but are not limited to:

Seizure type
Seizure manifestations
Seizure, medical and lifestyle history
The seizure-free period prior to the last episode

Medical probation Type III is for drivers who have achieved six or more months of control, but due to contributing factors there is a slight possibility of another seizure. Medical probation Type III requires the driver to report, in writing, on a regular basis to the department on the status of his/her disorder.

The Medical Probation Reporting form (DS 346) is used by drivers on Type III probation, and the driver must sign the form under penalty of perjury under the laws of the State of California that the information provided is true and correct. (See Appendix B.)

< Snip >

When a person is diagnosed as having seizures, his diagnosing physician is obliged to report the condition to the California Department of Motor Vehicles.

Driver Safety Information Lapses of Consciousness Disorders


27 posted on 06/11/2012 1:06:37 PM PDT by bd476
[ Post Reply | Private Reply | To 16 | View Replies ]


To: bd476

Thanks. Nice post. Sort of causes me some concern about folks who may be out there who may blank out at any moment. Probation only, after three months? Wow.

Three months and two days and you’re toast...


28 posted on 06/11/2012 1:13:27 PM PDT by DoughtyOne (Republicanism: Y1 Rant Y2 Rant Y3 Rant Y4, Oh nevermind, vote for him anyway. Rinse & Repeat!)
[ Post Reply | Private Reply | To 27 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson