FMCSA grants seizure-disorder exemptions to 39 CDL drivers: what the conditions require
Three Federal Register notices on Nov. 4 grant two-year exemptions to 11, 16 and 12 drivers. Each driver must report seizures within 24 hours and file annual physician reports.
FMCSA has granted seizure-disorder medical exemptions to 39 commercial drivers in three notices published in the Federal Register on Nov. 4, 2026. Each exemption lasts two years and comes with reporting duties for the driver.
The exemptions cover the medical standard at 49 CFR 391.41(b)(8). That rule says an interstate CMV driver must have "no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV." FMCSA has granted case-by-case exemptions from that standard since January 15, 2013.
The three notices
| Notice | Drivers exempted | Exemption effective | Expires | Docket | |---|---|---|---|---| | 91 FR 69633 | 11 | July 1, 2026 | July 1, 2028 | FMCSA-2026-0039 | | 91 FR 69634 | 16 | July 27, 2026 | July 27, 2028 | FMCSA-2026-0041 | | 91 FR 69638 | 12 | July 4, 2026 | July 4, 2028 | FMCSA-2026-0038 |
The notices are final decisions. The applications were published for public comment earlier this year. FMCSA received no comments on the 11-driver and 12-driver groups. For the 16-driver group it received one comment, which backed a single applicant and questioned why people with seizure histories need a federal exemption at all.
What FMCSA looked at
FMCSA says it made an individual assessment of each applicant. It reviewed:
- the cause of the seizures and the applicant's seizure history
- how long it has been since the last seizure
- how stable the treatment regimen is, and how long the driver has been on or off anti-seizure medication
- the treating clinician's opinion on whether the person can safely drive a CMV
- a certified driving record from the state licensing agency, plus police reports if the record showed a crash
The agency says the applicants have been seizure-free for between 1 and 24 years while taking anti-seizure medication, and each has kept a stable treatment regimen for the last 2 years. FMCSA found that each exemption would likely achieve a level of safety equal to or greater than the standard it replaces.
Conditions each driver must meet
Every exempted driver must:
- Stay seizure-free and keep a stable treatment. Report any seizure or change in treatment to FMCSA within 24 hours.
- Send FMCSA an annual report from the treating physician confirming the driver is stable and seizure-free.
- Pass an annual medical exam with a certified medical examiner.
- Give the employer a copy of the annual medical certificate for the driver qualification file. Self-employed drivers keep their own copy.
- Report the date, location and time of any crash to FMCSA within 7 days.
- Report any citation or conviction for a disqualifying offense within 7 days.
- Send FMCSA an annual certified driving record from the state licensing agency.
The driver must also carry a copy of the exemption while driving and show it to any officer who asks. The driver still has to meet every CDL testing requirement. FMCSA can revoke an exemption early if conditions are broken, if safety drops, or if keeping it no longer fits the goals of the law.
What this means for carriers
- An exemption is personal to the named driver. It is not a carrier-wide waiver.
- Keep the exemption letter and each annual medical certificate in the driver qualification file.
- Track the two-year end date. Exemptions can be renewed.
- State enforcement officers cannot enforce a conflicting rule against a driver who is operating under the exemption.
The notices name each exempted driver. This guide does not repeat those names. Questions go to FMCSA's Medical Programs Division at (202) 366-4001, listed in each notice.