After a nearly two-year stretch of approving both new and renewal requests for drivers seeking exemptions from federal epilepsy rules, the Federal Motor Carrier Safety Administration (FMCSA) has denied two tranches of applicants in recent weeks, according to a FreightWaves report based on Federal Register filings.
The largest denial came on June 23, 2026, when FMCSA rejected 52 persons whose applications were submitted in a December 2025 request published in the Federal Register for comment. The agency stated it received no comments on that request. A second denial followed on July 17, 2026, rejecting an additional 18 individuals with wording nearly identical to the June decision.
What the Law Requires
All FMCSA exemption actions cite the same federal physical qualification standard: drivers must have “no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control” a commercial motor vehicle (CMV). The agency conducts an “individualized assessment of each applicant’s medical information” before granting or denying exemptions.
Language Patterns: Approval vs. Denial
While the background language is consistent, the critical difference lies in the final determination:
| Action | Date | Number of Applicants | Key Language from FMCSA |
|---|---|---|---|
| Approval | June 18, 2026 | 63 | “granting exemptions to these individuals would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved by complying with federal policy.” |
| Denial | June 23, 2026 | 52 | “these applicants do not satisfy the eligibility criteria or meet the terms and conditions of the Federal exemption and granting these exemptions would not provide a level of safety that would be equivalent to, or greater than, the level of safety” called for in federal law. |
| Denial | July 17, 2026 | 18 | wording almost identical to June 23 denial |
The June 18 approval of 63 individuals came just five days before the denial of 52, suggesting no abrupt policy shift. The last denials before this streak were in September 2024 (21 applicants) and June 2024 (16 applicants).
Scope of Affected Parties
Although the 52 applicants were part of a single action, their home states are diverse, indicating no geographic concentration. The 18-person denial on July 17 also showed a broad geographic spread.
Compliance Obligations for Carriers and Drivers
- Drivers with a history of epilepsy or seizure disorders must continue to comply with the physical qualification standard unless granted an exemption.
- Carriers employing drivers under exemptions should verify the exemption’s validity period and any conditions imposed by FMCSA.
- FMCSA’s policy remains unchanged: each application is evaluated individually. The recent denials do not imply a permanent shift, but applicants should ensure their medical documentation demonstrates a low risk of seizure.
Penalties for Non-Compliance
Operating a CMV without meeting the physical qualification standard or without a valid exemption can lead to:
- Out-of-service orders for the driver and vehicle.
- Fines and penalties for both the driver and motor carrier under FMCSA regulations.
- Possible revocation of operating authority.
Resources and Guidance
- FMCSA’s Federal Register announcements provide detailed reasoning for each exemption decision.
- Industry associations such as the American Trucking Associations (ATA) and Owner-Operator Independent Drivers Association (OOIDA) may offer guidance on the exemption process.
- The Federal Motor Carrier Safety Regulations (49 CFR Part 391) contain the physical qualification standards.
FMCSA’s press office and Larry Minor, associate administrator for policy, did not respond to requests for comment by publication time. Compliance professionals should monitor the Federal Register for future exemption actions to identify any emerging trends.
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