DOT & Epilepsy

Epilepsy is a chronic, but functional, disorder that can be well controlled by medication in the majority of cases. It is characterized by unprovoked seizures that can result in a loss of consciousness. The stance that the federal Department of Transportation (DOT) has taken on the issuance of commercial motor vehicle (CMV) licenses to drivers with a history of seizure who wish to drive commercial vehicles on Interstates has focused primarily on the whether the seizure activity is the result of epilepsy or a one-time occurrence.

DOT Regulations

• The regulations DOT has in place today do not allow anyone with a history of seizures to obtain a CMV license. This policy was implemented in 1971 and revised in 1978. There have been no updates to this policy since that time. DOT regulations also state no person with a confirmed physician diagnosis of epilepsy or seizure disorder will be licensed to operate commercial motor vehicles. A person with seizures that are controlled by anti-seizure medication is also not permitted to obtain a CMV license. DOT does allows some instances in which it will defer a ruling pending more information from the person who is petitioning for the CMV license as well as from medical personnel.

DOT and Unprovoked Seizures

• At any time a person may have one, unprovoked seizure. These episodes are related to a known extenuating factor such as a drug reaction, elevated temperature, dehydration, serious infectious disease or critical metabolic episode. In this case, a ruling on the issuance of a CMV license is deferred until the person has recovered fully. There can be no lingering complications including the continued use of anti-seizure medication. The DOT then makes each ruling on an individual basis.

Seizures not Related to Epilepsy

• In other instances, a person might have a seizure or loss of consciousness that is not related to epilepsy or any other prior known condition. Once a six-month suggested seizure-free waiting period is concluded, a complete battery of neurological testing is urged by the DOT. After consultations with the attending physician and a medical examiner, a decision is made by DOT based on the absence of anti-epileptic medications and the likelihood of a recurrence of the seizure activity or loss of consciousness.

Being Seizure-Free Over the Long Term

• A person who has a history of seizures or epilepsy, but has been off anti-seizure medications and free of seizures for at least 10 years, might be able to obtain a CMV license.

  In addition, a person with a single seizure incident that was unprovoked and who has been off anti-seizure medication and seizure-free for at least five years may be eligible for a CMV license.

  In both cases, interested persons must petition the DOT, which will evaluate each case individually.

The Epilepsy Foundation, DOT and Epilepsy

• The Epilepsy Foundation is concerned about the federal DOT regulations regarding the issuance of CMV licenses to those people with epilepsy being adopted by states. The federal DOT regulations apply to commercial vehicle traffic that crosses state lines, and also to those commercial vehicles that drive within one state but with cargo that is from a different state.

  Challenges to the federal DOT regulations have not been successful. However, some seizure sufferers have had success challenging state regulations as being unnecessarily based on the federal DOT regulations. The Epilepsy Foundation acknowledges that every case of epilepsy is different and does not advocate a blanket policy with respect to DOT regulations, but rather argues that each case be decided on a case-by-case basis.