FMCSA: Notice of Final Disposition

In Case You Didn’t Know.

If you previously wanted to become a commercial motor vehicle (CMV) driver and obtain your commercial driver’s license (CDL), but thought it was out of reach due to your medical condition, or more specifically “epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV,” you may be in luck.

The Department of Transportation’s (DOT), Federal Motor Carrier Safety Administration (FMCSA) recently published a Notice of Final Disposition on “Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders” exempting 11 individuals from 49 CFR 391.41(b)(8) which states drivers 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 commercial motor vehicle;”

On March 22, 2023, the FMCSA announced it had received applications from 11 individuals seeking exclusion from 49 CFR 391.41(b)(8) and requested public comments on the matter. However, the FMCSA received no comments by April 21, 2023, which was the last day to make comments.

In their review of the 11 applicants, the FMCSA sought clinical medical opinions, conducted individual assessments of each applicant, and reviewed driving records for each applicant. In their research they found that

“…11 applicants have been seizure-free over a range of 31 years while taking anti-seizure medication and maintained a stable medication treatment regimen for the last 2 years. In each case, the applicant’s treating physician verified his or her seizure history and supports the ability to drive commercially”

“ 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…”

“ Consequently, FMCSA finds further that in each case exempting these applicants from the epilepsy and seizure disorder prohibition in § 391.41(b)(8) would likely achieve a level of safety equal to that existing without the exemption, consistent with the applicable standard in 49 U.S.C. 31315(b)(1).”

Although, all applicants have been seizure free over a range of 31 years, that doesn’t necessary mean you cannot also achieve your goals to becoming a CMV driver. These 11 applicants have helped pave a way that previously seemed impassible for those hoping to attain their CDL.

Just like those 11 applicants, Transportation Compliance Associates, Inc. is here to help you achieve all your training and compliance goals that often seem insurmountable. We’re also here to help keep you informed. Which is why, if you enjoyed this short read, make sure to follow us on Facebook and LinkedIn to be the first to know when new content like this drops. You can also, opt-in to our newsletter for exclusive offers, regulation changes, and industry news!

But, if you are looking for industry leading FMCSA Training or compliance solutions make sure to contact us for a 100% FREE CONSULTATION at 412-249-1111 or visit us at www.learnhazmat.com and one of our dedicated team members will be waiting to help answer all your questions about achieving your safety and compliance goals!