Generally, no, not automatically, but there is a path. Under federal rule 49 CFR 391.41(b)(8), a driver is physically qualified to operate a commercial motor vehicle in interstate commerce only if that driver has no established medical history or clinical diagnosis of epilepsy, or of any other condition likely to cause a loss of consciousness or loss of the ability to control a CMV. So a driver with a seizure history does not meet the standard qualification on its face.
However, FMCSA runs a Federal Seizure Exemption Program that lets such a driver apply for an individual exemption from 391.41(b)(8). FMCSA may grant the exemption case by case if it determines the driver can maintain a level of safety equal to or greater than the level that would exist without the exemption. The program has operated since 2013.
The general criteria FMCSA uses include:
- An epilepsy or seizure-disorder diagnosis: seizure-free for 8 years, on or off medication. If the driver stopped anti-seizure medication, the 8 years runs from the date the medication was discontinued.
- A single unprovoked seizure (no known trigger): seizure-free for 4 years, on or off medication.
- If the driver takes anti-seizure medication, the medication plan should be stable for 2 years, meaning no change in medication, dosage, or frequency.
- A single provoked seizure (a known cause) is weighed by whether the cause carries low or moderate-to-high risk of recurrence.
The driver applies directly to FMCSA with a treating-physician statement supporting interstate CMV driving, recent exam notes, a copy of the license, and a 3-year driving record. By law (49 U.S.C. 31315(b)), FMCSA must publish each application in the Federal Register for a 30-day public comment period before deciding. Granted exemptions carry conditions such as annual physician reports, an annual medical exam, staying seizure-free and on a stable treatment plan, and reporting any crash or citation. Exemptions are time-limited and must be renewed.
For an employer: a driver operating under an FMCSA seizure exemption can be qualified, but the exemption document and its annual conditions belong in the driver qualification file, and the driver still needs a valid medical certificate and must meet all other qualification requirements. Confirm the exemption is current before dispatching, and re-verify it at each annual review.
This is general information, not medical or legal advice. Confirm any driver’s specific situation with FMCSA and a certified medical examiner.