FMCSA says no to epilepsy exemptions after years of yes

The largest denial came June 23, when FMCSA denied the application of 52 persons who were all covered by a December 2025 request for an exemption. That request was published in the Federal Register, and comments were sought.

But in the June 23 Federal Register announcement that all 52 requests had been denied, FMCSA said it had received no comments on the request.

All FMCSA actions over the last two years surveyed by FreightWaves contains the same language which in turn quotes federal law: “The physical qualification standard for drivers regarding seizures and loss of consciousness provides that a person is physically qualified to drive a commercial motor vehicle (CMV) if that person has ‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control’ a CMV.”

The 52-person action said FMCSA had conducted “individualized assessments of each applicant’s medical information” that included a look at their history.

After the conclusion of that review, FMCSA said in its Federal Register announcement, “FMCSA determined that these applicants do not satisfy the eligibility criteria or meet the terms and conditions of the Federal exemption and granting these exemptions would not provide a level of safety that would be equivalent to, or greater than, the level of safety” called for in federal law.

Although all 52 applicants were in one action in the submission and rejection, the list of their names shows that they were not a geographically-centered group, as their home states are diverse.

The second denial in recent weeks came on an application from 18 individuals. They were denied an exemption by FMCSA on July 17 with wording almost identical to the June 23 denial.

That wording can also be found in the June 2024 denial of 16 applications and a September 2024 denial of 21 applicants.

FMCSA approved a group of 63 individuals under the epilepsy exemption as recently as June 18five days before the denial of the group of 52, suggesting no change in policy can be read into the recent negative actions after almost two years of approvals.

In the approvals, much of the background language reviewing the basis for exemptions is the same as in the denials.

But in the June 18 approval, FMCSA says of its OK: “FMCSA has evaluated the eligibility of these applicants and determined that granting exemptions to these individuals would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved by complying with” federal policy.

It adds, “the Agency believes the drivers granted this exemption have demonstrated that they are unlikely to have a seizure and their medical condition does not pose a risk to public safety in the operation of a commercial motor vehicle.”

Emails sent to the FMCSA press office and Larry Minor, listed as the associate administrator for policy at FMCSA, regarding whether there has been any change in policy had not been responded to by publication time.

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