The framework for law on medical fitness to drive in Ireland is established at EU rather than national level. The principal legislation in this area is Directive 126 of 2006. This has since been amended in a number of ways.
Directives 112 and 113 of 2009 amended Directive 126 in a number of respects relating to fitness to drive, including changes related to epilepsy. Inter alia, the amendments declared that, following an unprovoked seizure, a person could be declared fit to drive after a period of 6 months, providing that there was an appropriate medical assessment. Obviously, the period could be longer, depending on medical advice. The EU allows national authorities to permit drivers to drive in under 6 months where there are 'good prognostic indicators.'
These Directives were transposed into Irish law by the Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2010 (S.I. No. 544 of 2010). In sum, the norm is a 6 month period, but a person may drive sooner, or have to wait longer, subject to medical approval.
The RSA document Sláinte agus Tiomáint: Medical Fitness to Drive Guidelines sets this out on page 19, as the Deputy has indicated.
These Guidelines reflect the law in stating that a person should not normally drive for 6 months from the date of the seizure. The Guidelines also specifically suggest that this may be lengthened where there are reasons which lead the treating consultant to believe there is an unacceptably high risk of a further seizure, i.e. 20%. The 20% is a guideline to help medical professionals in making assessments and, unlike the 6 month limit, is not stated in the legislation.
