Provisions of regulation on driver’s licenses for individuals with epilepsy have been revised

According to Paragraph 2 of Article 41 of the Highway Traffic Law, which outlines the “Requirements for driver candidates”, “The procedures and principles on necessary conditions and categories of driver’s licenses that drivers and driver candidates are eligible to obtain, as well as regulations governing driving practices, vehicle qualifications and health standards shall be specified by a regulation issued by the Ministry of Interior and Ministry of Health.” The “Regulation on Health Conditions and Examination Required for Driver Candidates and Drivers” has been published pursuant to this provision.

In the initial version of the regulation, Article 9, Paragraph 2, Subparagraph (c) on the “Principles concerning the examination of mental and neurological disorders”  stipulated that “Individuals diagnosed with epilepsy were not eligible to obtain driver’s licenses. Clinical observation and EEG examination were utilized for assessment in cases where epilepsy was uncertain. However, in response to evolving social awareness and to eliminate the unfair treatment experienced by individuals with epilepsy stemming from ineligibility for driver’s licenses, and to promote social inclusivity and recognize individuals with epilepsy as valued members of society, the regulation was amended permitting epilepsy patients to qualify for driver’s licenses within the framework of relevant European Union Council’s directive dated 29/7/1991 no. 91/439/EEC.

The September 30, 2021, amendment to the Regulation on the Health Conditions and Examinations Required for Driver Candidates and Drivers brought about significant changes to eligibility criteria for individuals with epilepsy seeking driver’s licenses. The amendment reduced the required seizure-free period from 5 years to 3 years and from 3 years to 2 years for certain epilepsy patients, while the restriction on discontinuance of epileptic drugs during the seizure-free period was lifted enabling patients to obtain driver’s licenses under the conditions outlined in the Regulation.

 

Former Version New Version
1) If epilepsy patients with loss of consciousness document that they have had examinations at six-month intervals, have been seizure free for five years, and have discontinued antiepileptic drugs, their medical situation shall be evaluated by the neurological health committee. Upon issuance of a report of eligibility for a driver’s license, the examination period shall be specified in the report. 1) If patients with loss of consciousness, without loss of consciousness, with provoked or unprovoked epileptic seizures document that they have had neurological examinations at six-month intervals, have been seizure free for three years, and have not had seizures without medication or under treatment with two antiepileptic drugs at most, their medical situation shall be evaluated by the neurological health committee.
3) If people who have had their first or only unprovoked epileptic seizure document that they have had examinations at six-month intervals, have not had seizures for three years, and have not used antiepileptic drugs, their medical situation can be evaluated by the neurological health committee. 3) If people who have had their first or only unprovoked epileptic seizure document that they have had neurological examinations at six-month intervals, have not had seizures for two years and have not used antiepileptic drugs, their medical can be evaluated by the neurological health committee.

 

https://www.resmigazete.gov.tr/eskiler/2021/09/20210930-18.htm