Industry news and regulation
FMCSA Opens Exemption Applications for Drivers with Epilepsy and Seizure Disorders
Exemption Applications for Drivers with Epilepsy and Seizure Disorders
On September 9, 2026, the Federal Motor Carrier Safety Administration (FMCSA) announced receipt of 21 exemption applications under docket numbers FMCSA-2023-0034, FMCSA-2023-0037, FMCSA-2025-0015, and SA-2026-0042. A separate notice on September 10, 2026, reported seven additional applications under FMCSA-2026-0045. In the same month, FMCSA renewed exemptions for nine drivers under FMCSA-2013-0109, FMCSA-2022-0044, FMCSA-2024-0019, and FMCSA-2024-0022. These exemptions would allow individuals with a clinical diagnosis of epilepsy or other conditions likely to cause loss of consciousness, who have had one or more seizures and are taking anti‑seizure medication, to drive commercial motor vehicles in interstate commerce if approved. FMCSA is requesting comments on these applications and the renewal process, with a deadline of October 9, 2026.
What Changed
The primary change is that FMCSA is actively accepting new exemption applications and renewing existing ones for drivers with epilepsy or similar medical conditions. The prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) remains, but the agency is now providing a pathway for qualified individuals to obtain permission to operate CMVs in interstate commerce.
Who Is Affected
The exemptions apply to drivers who have a clinical diagnosis of epilepsy or another condition that can cause loss of consciousness or loss of control of a CMV. They must have experienced at least one seizure and be on anti‑seizure medication. The exemptions are specific to interstate commercial motor vehicle operation, so carriers that employ or consider hiring such drivers are directly affected.
What Carriers Should Do
Carriers should check whether any driver has applied for or received an exemption by reviewing the FMCSA docket numbers listed above. They should confirm that the exemption is valid for interstate operation and that the driver meets the medical criteria. If a carrier has concerns or suggestions, it can submit comments to FMCSA by the October 9 deadline. Carriers should also keep abreast of any final rulemaking that may clarify the approval process.
What Is Still Unclear
The notice does not detail the specific criteria FMCSA will use to approve exemptions, the process for reviewing medical records, or the duration of the exemption. FMCSA has not yet issued a final rule on the matter. Carriers should monitor FMCSA announcements and seek clarification if needed.
Sources
- Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders — Federal Register, 2026-09-09
- Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders — Federal Register, 2026-09-10
- Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders — Federal Register, 2026-09-10
- Qualification of Drivers; Exemption Applications; Hearing — Federal Register, 2026-09-09
This article is general information, not legal advice. Confirm how any regulation applies to your operation.