DOT Compliance FAQs — FMCSA, UCR, IFTA, Motus & CDL Training Questions

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. 

A Notice of CDL Downgrade is time-sensitive. Request a hearing or submit additional documentation immediately under your state licensing agency’s instructions — you generally have 30 days under 49 CFR §383.73(f)(5). Under FMCSA’s 2026 Non-Domiciled CDL Final Rule (91 FR 7044, effective March 16, 2026), non-domiciled CLP/CDL eligibility after March 16, 2026 is generally limited to drivers who can show qualifying employment-based nonimmigrant status, such as H-2A, H-2B, or E-2, verified through Form I-94/I-94A. Employment Authorization Documents (EADs) alone are no longer accepted for new or reissued non-domiciled CDL eligibility under FMCSA’s current rule. If your state notice lists specific documents, follow the notice carefully and submit whatever the state requests by the deadline. Our compliance specialists can help organize the response file and hearing documentation.