exemptions, allowing truck drivers with a history of epilepsy or hearing impairment to continue driving. These waivers, detailed in the latest Federal Register notice, demonstrate the agency’s ongoing effort to balance safety with inclusivity in the trucking industry.
In this latest issuance, 14 drivers received exemptions from federal regulations concerning epilepsy, while 11 drivers were granted waivers from hearing regulations. Notably, there were no comments submitted in opposition to these waivers.
Federal regulation § 391.41(b)(8) mandates that a commercial motor vehicle operator must be medically certified as physically qualified to drive. The regulation includes specific sections addressing conditions like epilepsy and hearing impairments. For epilepsy, the rule stipulates that a driver must not have an established medical history or clinical diagnosis likely to cause loss of consciousness or control of the vehicle. Similarly, it sets a standard for hearing ability that must be met unless an exemption is granted.
For the 14 drivers with a history of epilepsy, FMCSA noted that these individuals had been seizure-free for various periods up to 24 years while on anti-seizure medication and had maintained a stable medication regimen for the past two years. The agency acknowledged the inherent risk but expressed confidence that these drivers are unlikely to experience seizures and thus do not pose a public safety risk.
In the case of the 11 hearing-impaired drivers, the FMCSA did not indicate any improvement in their hearing. Instead, it referenced studies showing no significant link between hearing loss and crash risk. These studies support the contention that hearing impairment does not increase the likelihood of accidents among truck drivers.
Each driver’s record was thoroughly reviewed before granting the exemptions, ensuring that their driving history supported the safe operation of a commercial vehicle. These exemptions are valid for two years, after which they may need to be renewed based on ongoing compliance with safety standards.
- Sean Garney, co-director of Scopelitis Transportation Consulting, highlighted that FMCSA frequently issues such waivers. This practice has prompted the agency to reconsider its medical waiver programs, potentially updating the standards to reduce the need for exemptions. Garney suggested that if so many exemptions are being granted, it might indicate that the existing medical standards are overly stringent.
The current set of epilepsy waivers brings the total issued this year to 17, reflecting FMCSA’s ongoing adjustments to accommodate drivers with medical conditions while maintaining safety on the roads. As the agency continues to review and possibly revise its standards, the balance between stringent safety regulations and the practical realities of drivers with medical conditions remains a critical focus.
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