Seizures and driving

Victoria’s vision is to create a safe system of roads, laws, vehicles, drivers and behaviour that supports and improves the safe movement of our community.

This includes supporting drivers to drive at any age so long as they are medically fit to do so.

We encourage people with medical conditions to speak with their doctor to understand their health conditions and the potential impact on their driving.

Drivers are legally required to notify Medical Review of any serious, permanent or long term illness, disability, medical condition or injury (or the effects of treatment for any of those things) that may affect their fitness to drive.

Each driver is reviewed individually to determine the outcome that is best for the safety of the individual and the community.

If you can show that you can drive safely, but only under certain conditions, a conditional licence may be considered.

A wide range of conditions are possible to maximise your safety and other road users. Common licence conditions include wearing corrective eye glasses, driving automatic vehicles, driving in daylight hours or only in certain areas.

The purpose of this fact sheet is to explain how seizures can affect your driving and your responsibilities as a driver.

What are seizures?

A seizure occurs when there is a disruption to normal brain activity. This can involve loss of awareness or ability to control movements and behaviour changes that may impact on safe driving.

Epilepsy is a condition where recurrent seizures are experienced. Not all people who have a seizure have epilepsy.

Referral to a neurologist is important for correct diagnosis and advice about driving.

Driving and seizures

Having a seizure while driving is unsafe because the driver can lose control of the vehicle.

Some circumstances or substances may increase the risk of having seizures. For example:

• stress
• excessive alcohol
• irregular use of anti-epileptic medication.

What do you need to do?

If you have epilepsy or seizures you may be eligible to hold a learner permit or driver licence for private vehicles as long as your seizures are well‑controlled. You should discuss this with your doctor.

If you have a seizure or epilepsy you're required by law to notify Medical Review. Failure to notify could also affect your insurance cover.

How will Medical Review assess my fitness to drive?

The Medical Review team determines your fitness to drive on a case by case basis in accordance with national medical standards. Medical advice and assessment outcomes are considered.

Medical Review may also request a report from a specialist in epilepsy. The report must be no more than six months old.

In every case, individual circumstances apply, and you may wish to discuss these with your doctor.

Seizure-free periods for drivers of private vehicles

If you've had a seizure, the period that you must be free from seizures before driving depends on the type of seizure, the circumstances surrounding it, and whether you hold a private or commercial licence.

The frequency of periodic reviews required by Medical Review may vary depending on your medical report and the opinion of Medical Review’s medical advisors.

Driving commercial vehicles

Medical standards for commercial truck, taxi and bus licences are stricter than those for private licences. In many cases, if you've had a seizure, you may not be permitted to drive these vehicles.

If you wish to drive a commercial vehicle, you willneed to consult a specialist in epilepsy who can provide Medical Review with a medical report to assist in determining your fitness to drive.

A conditional licence may be considered taking into account this medical opinion, and whether you meet the national medical standards for licensing.

Please note: Commercial drivers are required to be seizure free for 10 years.

If your licence is varied, suspended or cancelled

You can write to the Department and ask for an Internal Review of any decision. An independent person will review the decision and reply to you within 28 days.

You may also have the right to appeal to the Magistrates’ Court if the department has made a discretionary decision to cancel, suspend or vary your driver licence or learner permit.

It's important for you to know that there is no right to appeal to the Magistrates Court if our decision to cancel, suspend or vary your driver licence or learner permit is a mandatory decision, made under section 24(1) of the Road Safety Act 1986.

Keep in mind that if you lose an appeal at the Magistrates’ Court, you may have to pay costs.

Resources

Epilepsy Foundation
Call: (03) 8809 0600
Information line: 1300 761 487

Download a PDF of this page: seizures and driving (PDF).

Contact Medical Review

Email: [email protected]
Call: (03) 8391 3226.
Fax: (03) 9854 2307 
Mail: Medical Review
PO Box 2504
Kew VIC