CDME Module 6: Neurological (see Module 5 – Musculoskeletal for Neuromuscular conditions)-6-1: Seizure Exemption

6-1: Seizure Exemption

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This email clarifies that there have been no changes to the Federal Motor Carrier Safety Regulations (FMCSRs) or the Federal Seizure Exemption Program regarding epilepsy/seizures. The regulations state that a person is physically qualified to drive a commercial motor vehicle if they have no established medical history or clinical diagnosis of epilepsy or any other condition likely to cause loss of consciousness or loss of ability to control a vehicle. These regulations are legally binding.<br /><br />In addition to the FMCSRs, the FMCSA provides guidance in the form of Appendix A to Part 391 – Medical Advisory Criteria. This guidance is not mandatory and MEs are free to choose whether to utilize it as a basis for making a physical qualification determination. However, when using guidance or recommendations, FMCSA recommends consultation with the treating physician and documenting the reason for its application and any consultation with the treating clinician.<br /><br />The Medical Advisory Criteria regarding epilepsy/seizure has not changed either. MEs are still free to choose whether to utilize this guidance as a basis for making a physical qualification determination. The guidance states that individuals with an established medical history or clinical diagnosis of epilepsy, those currently diagnosed with epilepsy, or those taking antiseizure medication cannot be qualified to drive. However, in cases where an individual has had a sudden episode of a nonepileptic seizure or loss of consciousness of unknown cause that did not require antiseizure medication, the determination is made on an individual basis after a waiting period and a complete neurological examination.<br /><br />In cases where a seizure or loss of consciousness resulted from a known medical condition, certification should be deferred until the driver has fully recovered with no residual complications and is not taking antiseizure medication. Drivers with a history of epilepsy/seizures off antiseizure medication and seizure-free for 10 years may be qualified to drive a commercial motor vehicle in interstate commerce. Interstate drivers with a history of a single unprovoked seizure may be qualified if seizure-free and off antiseizure medication for a 5-year period or more.<br /><br />For further questions, the National Registry can be contacted at 202-366-4001 or fmcsamedical@dot.gov.

Keywords

Federal Motor Carrier Safety Regulations

Federal Seizure Exemption Program

epilepsy

seizures

commercial motor vehicle

loss of consciousness

ability to control a vehicle

Medical Advisory Criteria

treating physician

antiseizure medication