Legal advice

From doctor to driver: what has changed in drivers’ medical examinations

Cars have firmly entered our everyday life. Currently, almost every family has its own “iron horse”, and some even have more than one. Every year, the number of people who want to get a driver’s license is increasing, and driving a car is no longer a male prerogative – women are confidently stepping on the heels of the stronger sex. According to statistics, from January 1 to December 31, 2022, 1,220,774 national driver’s licenses were issued. Of them, 429,131 drivers received their document for the first time. And this is almost 20 thousand more than in 2021. Only in the first four months of 2024, more than 57,000 driver’s licenses were issued after passing the exams.

One of the main stages of obtaining a driver’s license is a medical examination. What has changed in this area so far? What new rules should be considered? Lawyers of the “Repeshko and Partners” Bar Association comment on the details of the latest legal innovations, as well as recall those that have been in effect for a long time.

A common law has recently entered into force order of the Ministry of Health (MOH) and the Ministry of Internal Affairs (MIA) dated September 24, 2024 “On approval of the Regulation on the medical examination of driver candidates and vehicle drivers”. One of the key innovations is taking into account medical indications for the use of special devices or products that help people with disabilities drive vehicles safely. In particular, under certain conditions, drivers can use such devices as manual control, automatic transmission, means of vision or hearing correction, prostheses, orthoses, special devices for expanding the view of the blind zone, acoustic parking systems, etc. This allows to significantly expand opportunities for persons with functional limitations, ensuring safety on the road.

Another important change was the introduction of a unified approach to filling out medical documentation. In the driver’s medical certificate, restrictions are now indicated in the special column “Restrictions” opposite the corresponding category of vehicle using defined codes. These codes are detailed in the sections “DRIVER (medical reasons)” and “ADJUSTMENT OF THE VEHICLE” according to the new Regulations. For convenience, the Ministry of Health’s order provides examples of common types and combinations of vehicle devices that can be used by drivers depending on their health and functional capabilities.

In addition, it became mandatory to indicate in the medical documentation information about the patient’s use of medical devices or rehabilitation aids while driving. This implementation prevents cases of inaccurate information in medical certificates and contributes to increased road safety.

It is important to note that the Ministry of Health, in cooperation with the Ministry of Internal Affairs, continues to adapt national legislation to European standards. As part of this process, regulatory and legal acts regulating the conduct of medical examinations are reviewed with the aim of their actualization, digitization and optimization. Among the innovations is the division of drivers into two groups. For persons who drive vehicles exclusively for their own needs (group I), a medical examination is carried out by a primary care physician, with the involvement of other specialists if necessary. And for drivers whose activity is related to the commercial use of vehicles or is a profession (group II), a medical examination is carried out by commission.

The frequency (multiplicity) of mandatory medical examinations has also been changed, which now depends on the age and group of the driver. Based on the results of the examination, the driver candidate receives a digital medical report, which contains information about the state of health and its validity period. This conclusion allows you to automate the process of obtaining or replacing a driver’s license, minimize corruption risks and reduce the number of fake certificates. According to the Ministry of Internal Affairs, the implementation of these changes not only ensures compliance with European standards, but also improves road safety and simplifies procedures for citizens.

At the same time, as before, when conducting a medical examination, the results of a mandatory psychiatric examination conducted in accordance with In order conducting preliminary, periodic and emergency psychiatric examinations, including for the use of psychoactive substances, approved by the order of the Ministry of Health of April 18, 2022 No. 651. In case of suspicion of diseases and medical conditions listed in accordance with the order, to clarify the diagnosis by members of the medical commission, additional examinations are assigned to driver candidates (drivers).

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Also, in case of use by the driver candidate (driver) of orthotics / prostheses of the upper limbs and/or orthoses / prostheses of the lower limbs, means of vision correction / vision protection (glasses, contact lenses, eye patch, special optical device), means of hearing correction (hearing aid / means of communication), medical examination and assessment of the adaptive capabilities of the body of the driver candidate (driver) are carried out using such means.

When using or having medical indications for driving a vehicle with the driver candidate (driver) using vision correction/protection equipment, based on the results of an ophthalmologist’s examination, the information is entered in the Medical Certificate in the “Restrictions” column opposite the corresponding vehicle category. Also, in case of use or presence of medical indications for driving a vehicle with the use by the driver candidate (driver) of hearing aids or means of communication based on the results of an examination by an otolaryngologist, the information is entered in the Medical Certificate in the “Restrictions” column opposite the corresponding vehicle category.

In addition, information on the presence and use by the candidate driver (driver) of rehabilitation aids (prostheses / orthoses of the upper and/or lower limbs) and information on medical indications for the use by the driver of orthoses / prostheses of the upper limbs and / or orthoses / prostheses of the lower limbs under the time of driving a vehicle, according to the results of the examination by a surgeon or a therapist, is entered in the Medical certificate in the column “Restrictions” opposite the corresponding vehicle category.

It should be noted that preliminary, periodic and emergency medical examinations of persons with disabilities and persons with limitations in daily functioning are carried out in health care institutions by the medical commission on a general basis. At the same time, during a medical examination of persons with disabilities and persons with limitations in daily functioning, who have disorders of the musculoskeletal system, the medical commission evaluates the adaptive functions of the person’s body, the ability to self-control, checks muscle strength, checks coordination, is determined (in the case of needs) type of vehicle adaptation (manual control, automatic transmission, other) and the need to use rehabilitation aids (if necessary) (ortheses / prostheses), which a person uses on a permanent basis, or will use while driving a vehicle.

The mentioned changes are dictated by the present, in which, in connection with military actions on the territory of Ukraine, there are many people with disabilities of movement or vision, wounded or contused fighters, civilians without limbs.

As for the “Regulations on the medical examination of driver candidates and vehicle drivers” itself, it generally contains very interesting points. So, for example, the Regulation contains the following norm:

“Medical examinations of driver candidates and vehicle drivers are divided into: preliminary, periodic, pre-flight and post-flight examinations, as well as out-of-hours examinations.

1.2. Driver candidates are subject to a preliminary medical examination in order to obtain the right to drive a vehicle.

1.3. Drivers of vehicles are subject to a periodic medical examination to confirm the right to drive a vehicle:

under the age of 55 (inclusive) – once every 10 years;

aged from 56 to 75 years (inclusive) – once every 3 years;

aged 76 and over – once a year.

Drivers who carry out passenger and cargo transportation are subject to a periodic medical examination once every 5 years, except in the case provided for part three Article 30 of the Law of Ukraine “On Road Transport”.

That is, every driver, depending on age, must periodically undergo a medical examination. It should be noted that there are currently no sanctions for failure to pass a timely medical examination by an ordinary citizen-driver (they exist only for professional drivers). But this norm is probably aimed at the future – there are active discussions about the need to constantly retake driver’s license exams. It should be noted that today many drivers have unlimited rights or documents valid for 30 years. Currently, the Verkhovna Rada of Ukraine is considering a draft law that stipulates that drivers must exchange their licenses when their licenses expire. That is, after 5 or 10 years, depending on the category. At the same time, the exchange of rights issued for the first time will be carried out after two years without passing exams, provided that the person has not committed more than 2 administrative violations of the Traffic Rules. If there are three or more violations, it is necessary to repeat the theory and practice.

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Preliminary, periodic and extraordinary medical examinations are carried out in a health care institution by a medical commission. Its members include: a therapist (head of the commission), a neuropathologist, an otolaryngologist, an ophthalmologist, and a surgeon.

A preliminary (periodic) medical examination is not carried out by the medical commission in the case of:

  • presence of an acute disease or exacerbation of a chronic non-infectious disease in the examined person;
  • the presence of an infectious disease in the examined person during the infectious period;
  • presence of the examined person in a state of alcoholic, narcotic or other intoxication or under the influence of drugs that reduce attention and reaction speed.

It is necessary to know that the preliminary (periodic) medical examination is carried out at the expense of the customer.

In the event that a driver candidate (driver) of a vehicle disagrees with the results of a preliminary (periodic) medical examination, he may appeal the decision of the medical commission in the structural unit for health protection of the regional, Kyiv and Sevastopol city state administrations and/or in court.

We would like to remind you that there is a “List of medical contraindications (diseases and defects), in the presence of which a person cannot be allowed to drive the corresponding vehicle”, approved by the Order of the Ministry of Health of October 7, 2022. No. 1817 (as we can see, it was also recently updated). According to this list, group I – drivers of vehicles of categories A1, A, B1, B, BE (non-professional driving) cannot be drivers, for example, in the presence of the following diseases:

  1. Binocular visual acuity, with correction if necessary, is less than 0.5.
  2. Monocular visual acuity (in the case of complete functional loss of vision in one eye or when using only one eye, for example, with diplopia), with correction if necessary, is less than 0.5.
  3. Detachment and tear of the retina of any etiology in both eyes.
  4. Persistent diplopia (admission is possible in case of controlled diplopia).
  5. Glaucoma (with initial compensated glaucoma with changes in visual acuity and field of vision less than the values ​​specified in points 3, 4, 6 are allowed individually).
  6. Malignant arterial hypertension or preservation of arterial pressure of systolic BP > 220 mm Hg. Art. and/or diastolic blood pressure > 120 mm Hg. Art. despite taking 3-component drug therapy.
  7. NYHA class IV heart failure.
  8. Implantation of a cardioverter-defibrillator (individual admission is possible provided that the device is regularly checked and there are no other contraindications).
  9. More than 1 incident of hypoglycemia that required the assistance of another person within 12 months.
  10. Epilepsy and syncopal states (possible admission of persons with isolated and rare epileptic attacks without mental disorders).

From our point of view, the introduction of new requirements for medical examinations of drivers is a step in the right direction that meets European safety standards. The changes are designed not only to improve the quality of medical opinions, but also to minimize the risks of abuse in this area. The importance of introducing clear codes in documentation, indicating special devices and digitizing the process cannot be overestimated. This allows you to create a transparent system that takes into account the physical capabilities of the driver, and also simplifies the control and verification of relevant data.

However, like any innovation, these changes have two sides. On the one hand, they improve road safety and simplify the procedure for obtaining or replacing a license. On the other hand, medical workers and drivers are required to have additional time to adapt to the new rules. There is also a risk that the system may fail or create additional inconveniences at the initial stage of digitization.

From a legal point of view, it is important that drivers carefully follow the new requirements and understand the need for detailed medical checks. Instead, public authorities should ensure transparency and availability of information about the new rules, as well as create mechanisms to protect against errors and unfair refusals.

 

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