Driving and transport
A guide to driving regulations
For people who drive one immediate effect of having a seizure is that they have to stop driving. This is true for all types of seizures whether you have had a diagnosis of epilepsy or not. This leaflet explains the current driving regulations, and other travel alternatives, for people with epilepsy.
The Driver and Vehicle Licensing Agency (DVLA)
The DVLA is the organisation that licenses cars and drivers for driving on public roads in Great Britain. If you have a driving licence, by law it is your duty to tell the DVLA about any medical condition which may affect your ability to drive. This is a condition of holding a driving licence.
If you have a driving licence, and have a seizure of any kind, the DVLA regulations say that you must stop driving. You are responsible for telling the DVLA and returning your licence to them.
The regulations cover all epileptic seizures: auras and warnings, seizures where you are conscious, myoclonic jerks, and seizures where you lose consciousness. These regulations apply even after just one seizure, whether you have a diagnosis of epilepsy or not, and whether you are taking anti-epileptic drugs (AEDs) or not.
Medical Standards of Fitness to Drive
The ‘Medical Standards of Fitness to Drive’ are the regulations about medical conditions that everyone has to meet in order to hold a driving licence.
These standards are based on advice from expert Medical Advisory Panels, and comply with domestic (Great Britain) and European legislation. Only the medical advisers at the DVLA are able to decide whether or not someone meets the standards of fitness to drive.
An ‘at a glance guide to the Medical Standards of Fitness to Drive’ (for medical practitioners), and a ‘Customer service guide for drivers with medical conditions’ is available through the Directgov website. Visit the Directgov website to access these documents.
DVLA terminology
The DVLA uses some specific terms in its documents. For example, the DVLA use ‘asleep seizures’ for seizures that happen while someone is asleep. These seizures are sometimes called ‘nocturnal seizures’. The DVLA also uses the terms ‘awake seizures’ (seizures that happen while someone is awake) and ‘anti-epilepsy drugs’ (rather than ‘anti-epileptic drugs’ or ‘AEDs’). In this leaflet we use the terms ‘asleep seizures’ and ‘anti-epileptic drugs’ or ‘AEDs’.
DVLA regulations for epilepsy
Group 1 licences
This category includes cars, motorcycles and mopeds. To drive you must meet all normal driving requirements and have been completely free of seizures for one year, either with or without taking anti-epileptic drugs. The regulations are different if you only have asleep seizures.
Group 2 licences
This category includes large goods vehicles (LGV or lorries), passenger carrying vehicles (PCV or buses and minibuses with nine seats or more) and horseboxes. To drive you must meet all normal driving requirements and have been seizure-free, without taking anti-epileptic drugs, for the last 10 years. The DVLA will also need to be satisfied that you are not likely to have any more seizures.
Please note - the regulations are different for people who have a first and solitary (single) seizure.
Taxi drivers
Many local authorities apply the regulations for group 2 licences to driving a taxi. However, each local authority decides on its own standards to drive. Contact your local council for details.
Asleep seizures
‘Asleep seizures’ are seizures that happen while you are sleeping (sometimes called ‘nocturnal seizures’). They can happen if you sleep in the daytime, not just at night. If you have an asleep seizure you must stop driving. If you are seizure-free for one year you can apply for a new licence. This is the same as the regulations for seizures while you are awake (‘awake seizures’). However, if you are not seizure-free but you have only had asleep seizures for three years, the regulations are different to ‘awake seizures’.
This means that if, in the last three years, your seizures have only happened in your sleep (and none while you are awake) then you can drive even if you are still having asleep seizures. It is important that this pattern of only asleep seizures is seen over at least three years.
Breakthough seizures
Breakthrough seizures are seizures that happen when someone’s epilepsy has otherwise been fully controlled (and they have not been having seizures). If you are seizure-free and have a driving licence, and you have a breakthrough seizure, you will have to stop driving and tell the DVLA.
Other types of vehicles
The DVLA regulations cover vehicles that are driven on public highways, not vehicles that are used on private land. A driving licence is not needed for the following vehicles as long as they are only being driven on private land and not on public roads.
- Electric wheelchairs are not considered to be vehicles and so do not need a driving licence.
Forklift trucks, farm vehicles (such as tractors and quad bikes) and sit-on lawn mowers. Although a driving licence is not needed for driving on private land, employers need to consider health and safety regulations if someone drives on private land as part of their job. Advice for these vehicles is available from the Health and Safety Executive. The standards they advise are similar to car and LGV standards, depending on the vehicle’s size and weight.
Regulations for non-epileptic seizures
Non-epileptic seizures (NES) usually come under the DVLA regulations for ‘loss of consciousness or loss of, or altered, awareness’ within the Medical Standards of Fitness to Drive. If you any questions about the driving regulations for non-epileptic seizures, you can contact the DVLA.
Driving in The Republic of Ireland (Eire)
The Road Traffic Regulations 2004 for The Republic of Ireland are different from the regulations for the UK. They say that, with a Consultant Neurologist’s certificate, the following applies.
If in the last two years you have only had asleep seizures, then you will be allowed to apply for a licence;
If your first and only seizure is considered to be ‘provoked’ then you will need to stop driving for six months; and
If you only have simple partial seizures where you are always fully conscious then you are allowed to drive.
For more information contact Brainwave.
For drivers who have a seizure
If you have a driving licence, and have a seizure of any kind, the DVLA regulations say that you must stop driving. You are responsible for telling the DVLA and returning your licence to them. To return your licence, you need to fill in a ‘Declaration of Surrender for Medical Reasons’ form. If you have a group 2 licence you need to also fill in a VOC99 form. It may be helpful to keep a copy of all the information you send to the DVLA for your records. You can get these forms from the DLVA or the Directgov website.
You can apply for a new licence if you meet the regulations below.
Group 1 licences
If you have a diagnosis of epilepsy you must meet all normal driving requirements and have been completely free of seizures for one year, either with or without taking anti-epileptic drugs.
Group 2 licences
If you have a diagnosis of epilepsy you must meet all normal driving requirements and have been seizure-free, without taking antiepileptic drugs, for the last 10 years. The DVLA will also need to be satisfied that you are not likely to have any more seizures.
First and solitary (single) seizures only
In October 2009 the DVLA driving regulations changed for people who have a first and solitary (single) epileptic seizure.
New regulations for a group 1 licence
You must stop driving. You may be able to start driving again after six months if you meet the following criteria.
You have been assessed by an appropriate specialist who agrees that it is reasonable for you to drive and no relevant abnormality is found on investigation, such as an EEG and brain scan, where this is thought to be needed. As long as you have no further seizures, and you meet all the standard regulations to drive, you will get a new full (‘till 70’) licence.
New regulations for group 2 licence
You must stop driving. Your licence will be taken away for five years if you have met the criteria above (you have seen a specialist and no relevant abnormalities have been found on investigation) and you are thought to have a good prognosis.
If you feel that these regulations apply to you, you can talk this through with your specialist or call the DVLA drivers medical group on 0300 790 6806.
Note: these regulations only apply to people who have had a first and single seizure. They do not apply to individuals with epilepsy and the regulations for epilepsy have not changed.
If you drive after having a seizure
Your licence will not be valid. You will be driving illegally - driving without a valid licence is a criminal offence. Your car insurance will not be valid. You may have to pay any costs of a claim from another person.
What happens if I don’t tell the DVLA?
If you do not voluntarily surrender your licence to the DVLA, and are found to be driving illegally, the DVLA will revoke (take away) your licence.
Will my doctor tell the DVLA?
Although it is your duty to tell the DVLA if you have had a seizure, the General Medical Council (which registers doctors in the UK) has produced guidelines for doctors about this. These guidelines say that doctors should explain that you have a legal duty to tell the DVLA, and they will write this in your medical records. If you continue to drive, they can tell the medical adviser at the DVLA. They should tell you first if they are going to do this.
What can I do if I do not agree with the DVLA’s decision to revoke my licence?
If the DVLA revokes your licence or refuses your re-application for a licence, you can appeal against this decision. You need to make your appeal in writing. In England and Wales this needs to be at a magistrates’ court within 6 months of the DVLA telling you their decision, and in Scotland, within 21 days at a Sheriff’s Court. It is a good idea to talk to your doctor about any further medical evidence they could give the DVLA to consider. For information about appealing contact the DVLA.
Provoked seizures and exceptional circumstances
If a person with no history of seizures has a seizure caused, or ‘provoked’, by something that is unlikely to happen again this may be an ‘exceptional circumstance’. This may include a seizure happening immediately at the time of a head injury or a stroke. The DVLA treats these circumstances on an individual basis.
Seizures caused by alcohol or drug misuse, sleep deprivation, or side effects of medication are not considered provoked.
If your first and only seizure is caused by alcohol or drug misuse, and you have a group 1 licence, you will have to stop driving until you have been seizure-free for at least six months (as with other solitary seizures). If you have a group 2 licence you will have to stop driving until you are seizure-free for at least five years, without AEDs. You also need to meet the standards for any alcohol or drug misuse.
Stopping medication
If you stop taking your AEDs, there is an increased risk that your seizures will start again.
The DVLA advises that you stop driving while you are coming off your medication and for six months after you have stopped your medication. During this time, if you have a seizure you will need to stop driving and surrender your licence. If you then become seizure-free for one year, you can apply for a new licence (as with group 1 licence regulations).
Getting your new licence
Once you meet the DVLA regulations to drive, you can apply for a new licence. As the process of re-issuing a licence can take time, you can apply for your licence up to eight weeks before your one year seizure-free date. If you surrendered your licence then you may be able to start driving again once the DVLA has confirmed it has received your re-application, and your own doctor confirms that you meet the standards. This does not apply if your old licence was revoked. The DVLA will usually send you a questionnaire and ask permission to contact your doctor before issuing a new licence.
What sort of licence will I get?
When you get your new licence it will usually be a three-year licence. If you have two three-year licences in a row (and so have been seizure-free for seven years) your next licence may be a licence valid until you are 70 (as with people who do not have epilepsy). This is called a ‘till 70’ licence. If you have only ever had one seizure and you are otherwise well, you may be given a ‘till 70’ licence without having to have a three-year one first.
Telling your insurance company
If you have had to stop driving due to having a seizure, you will need to tell your insurance company. Insurance companies will want to know if you have had to stop driving due to a medical condition, as part of their terms and conditions. If you do not tell your insurance company, and they find out that you have had to stop driving, this may affect your insurance with them. You may want to ask them if this will affect a no-claims discount.
Once the DVLA confirms you are OK to have a driving licence then you are able to drive any vehicle that your licence covers. Under the Disability Discrimination Act (DDA), insurance companies should not increase the cost of your policy just because you have a history of seizures. Before giving a quote, an insurance company needs to consider your individual circumstances. When you get your licence back, it is usually a three-year licence.
Insurance companies cannot use the fact that your licence is valid for three years as a reason for increasing the premium, or changing or refusing a policy. Insurance companies can ask questions or ask for more information about medical conditions to support your application. They may ask to see your driving licence or a letter from the DVLA confirming that you are allowed to drive. This should mean that each application is considered fairly. If the company increases your premium, they must be able to give you a reason why. It may be worth contacting several companies to get the best quote to suit you.
For more information on the DDA, contact the Equality and Human Rights Commission. If you have any problems with insurance the Financial Ombudsman may be able to help.
Driving abroad
The rules for driving if you have epilepsy vary from country to country. If you have a UK driving licence, the DVLA regulations apply to you only while you drive in the UK, and do not apply outside of the UK. When driving abroad, you will still need your UK driving licence but you can only drive if you meet the medical standards for the country that you are visiting. If you are coming to the UK and need to apply, or re-apply, for a UK licence then the one year seizure-free ruling still applies to your time spent outside the UK. Directgov’s website has more on this.
Learning to drive
If you have epilepsy and want to learn to drive you will need to be seizure-free for one year. If you have been seizure-free for this time, you still need to tell the DVLA about your epilepsy. You will need to fill in a standard application form and the DVLA will send you a second form for more information about your epilepsy.
If possible, the DVLA will decide whether you can have a driving licence based on the information you provide in the forms. If they need more information, they may contact your doctor as part of this process. The regulations are different if you have only asleep seizures.
Driving theory test
Although you have to wait until you have been seizure-free for one year to start lessons, you can do the theory test while you wait and your result is valid for two years.
Help with travel costs
Epilepsy is a disability under the Disability Discrimination Act. People with disabilities are often entitled to free or discounted travel. For people with epilepsy this is usually given on the grounds that a person with epilepsy (who still has seizures) would be refused a driving licence if they applied for one.
Free bus travel throughout England
People with disabilities are eligible for a free National Bus Pass. This can be used ‘off peak’ from 9.30am to 11pm Monday to Friday, and all day at weekends and Bank Holidays, on local buses anywhere in England. Some local councils have additional travel discounts. If you have had a seizure in the last year, and so wouldn’t be allowed to drive, you should be eligible for the pass. You may need a letter from a doctor to confirm that you are eligible, and you may have to pay for this. Contact your local council to apply or visit Directgov’s website.
Travel in London
People with epilepsy who live in London may be entitled to a Freedom Pass. This allows free bus, train, tram and tube travel throughout London. All Freedom Passes will be renewed in 2010. Details are available from your local council and the Freedom Pass website.
Some London Boroughs have a ‘London Taxicard Scheme’ for reduced cost travel by taxi. You may be eligible if your epilepsy impairs your ability to walk or makes it difficult to use public transport. You may need your GP to sign your application form.
Travel in Merseyside
People with epilepsy who live in Merseyside are entitled to a Merseyside National Travel Pass. This allows free travel on local buses anywhere in England between 9.30am and 11pm, and on most buses, trains and ferries in Merseyside all day, every day.
Travel in Scotland
People with epilepsy in Scotland who have had a seizure within the last year are entitled to a Scotland-wide free bus travel pass. This allows free travel on local and long-distance bus services throughout Scotland. Contact your local authority (the Travel Card Unit for Strathclyde) or Epilepsy Scotland’s Helpline.
Travel in Wales
People with epilepsy in Wales are entitled to a bus pass that allows free local bus travel throughout Wales at any time of the day. Visit Directgov’s website.
Coach and train travel
National Express offers discount fares for people with disabilities. Some other coach companies may offer similar discounts.
Contact each company directly or National Express.
People with epilepsy who are unable to drive due to their epilepsy can apply for a Disabled Person’s Railcard. This card gives them, and a companion, a third off most train fares throughout England, Scotland and Wales. To apply you need a copy of your Exemption Certificate for anti-epileptic drugs and a photocopy of your prescription.
Community transport services
Community transport services include schemes such as Dial-a-Ride. They are provided by local councils for people who have difficulty using public transport or who need wheelchair-accessible transport. Services vary from area to area.
Look up ‘community transport’ in your local phone book, or visit the Directgov or a2b websites.
The Access to Work scheme
If you are unable to use public transport due to your epilepsy, you may be able to get help towards the cost of getting to work through the Access to Work scheme. This scheme is run by Access to Work Business Teams. Contact your local Jobcentre Plus for your nearest Access to Work Business Team.
The Healthcare Travel Costs Scheme
The Healthcare Travel Costs Scheme provides financial help towards transport costs for people on certain benefits or a low income. The scheme covers travel to hospital for NHS medical treatment but does not include routine GP or dentist visits. Visit Directgov’s website or call the Health Cost Advice Line on 0845 850 1166.
Other travel benefits
If you qualify for the higher rate of the mobility component of Disability Living Allowance (DLA), you may be entitled to a Blue Badge parking permit, which also entitles you to register for a full discount on the London congestion charge and free road tax for a car registered in your name, or someone who drives for you.
Contact the Disability Benefits Helpline on 08457 123 456 or Directgov’s website
Travelling by air
Having epilepsy does not usually stop people from being able to travel by air. However, some people find that their seizures are triggered by extreme tiredness (such as jetlag), excitement or anxiety, or dehydration, all of which can be caused by travelling or flying. If you are concerned that you may have a seizure while flying, you may find it helpful to tell the person you are travelling with, or to tell the airline when you book. Some airlines will ask for a letter from your doctor saying that it is OK for you to travel by air, and explaining what to do if you have a seizure while travelling by air. It is recommended that you keep all your medication (in its original containers) in your hand luggage and carry information from your GP or specialist about your epilepsy and your medication.
Useful organisations
a2b - community transport network
www.a2binfo.net
For community transport links.
Brainwave - The Irish Epilepsy Association
353 (0)1 455 7500
For driving regulations in Ireland.
Directgov
UK Government website. For information on driving and travel options.ssociate
Disability Benefits Helpline
08457 123 456
For road tax exemption.
Disabled Persons Railcard Office
0845 605 0525
For reduced train fares.
DVLA
General enquiries: 0300 790 6801
Drivers medical group (medical enquiries and how to appeal): 0300 790 6806
For driving regulations and medical standards for driving.
Epilepsy Scotland
0808 800 2200
For bus travel in Scotland.
Equality and Human Rights Commission
Helpline: 0845 604 6610
Information on disability discrimination.
Financial Ombudsman Service
Helpline: 0845 080 1800
For guidance on problems with insurance.
Freedom Pass
0845 275 7054
For travel in London.
Health Cost Advice Line
0845 850 1166
For Healthcare Travel Costs Scheme
Jobcentre Plus
See local phone book or
About the Access to Work.
Merseytravel
0151 236 6056
For travel in Merseyside.
NSE is grateful to Dr Judith Morgan, Medical Adviser at the DVLA, for her help with this leaflet.
© The National Society for Epilepsy
Information produced in March 2010
