FMCSA Considering Change of Seizure Policy

The Federal Motor Carrier Safety Administration (FMCSA), the subsidiary of the U.S. Department of Transportation, is responsible for ensuring interstate trucking safety. Recently, the FMCSA announced that it is considering a change in its driver seizure policy.

How does the current seizure policy work?

Under the current policy, drivers with a history of seizures that want to operate commercial motor vehicles must obtain a special exemption from the FMCSA.

To obtain this special exemption, prospective drivers must produce the following documentation to the FMCSA:

1. Physician Statement on letterhead, that includes: diagnosis, the date(s) of last seizure, the anti-seizure medication being taken, the date of the last change in anti-seizure medication, and a sentence of support for driving commercially.  
2. A copy of driver’s license.
3. The type of vehicle the applicant would be driving.
4. Completed Authorization for Release of Medical Information Form
5. A statement that the applicant is an interstate commercial driver.
6. A copy of driving record for the last 3 years, including the accident report for any vehicle accidents within the last 3 years.

In order to grant an exemption, the FMCSA “must ensure that each exemption would maintain a level of safety equivalent to, or greater than, the level achieved without the exemption.” After the initial evaluation, the applicant must go through a review process in which the public can comment on the application.

The current seizure policy contains a robust inquiry into the driver applicant’s ability to safely operate a commercial motor vehicle.

The FMCSA may eliminate the seizure policy soon

On April 28, 2020, the FMCSA announced that it was considering eliminating the seizure policy altogether. The FMCSA will begin reviewing both internal and external research related to seizure recurrence and safe operation of vehicles following at least one seizure episode.

By 2021, the FMCSA hopes to submit its recommendations regarding the policy to the medical review board.

In 2019, the FMCSA eliminated a similar exemption requirement for drivers with diabetes. Under the new diabetes policy, the medical examiners on the driver’s qualification to drive a commercial vehicle.

Obviously, the situation with drivers with diabetes is very different from prospective drivers with epilepsy or a history of seizures. It would be extremely dangerous to allow someone with uncontrolled seizures behind the wheel of an 80,000-pound rig.

We hope that the FMCSA elects to keep in place a robust vetting process to ensure that drivers with this condition can safely operate these huge commercial vehicles. The FMCSA has already rolled back a number of safety regulations in response to the COVID-19 outbreak.

It is unclear when, or if, those safety regulations will be returned to the pre-virus state. As highway safety advocates, we are wary of any policy or regulation changes that threaten the safety of the motoring public.

When safety policies are made more lenient, bad actors tend to slip through the cracks which increase the exposure to everyone sharing the road with them.