(1) An individual with diabetes mellitus treated with insulin for control who experiences a severe hypoglycemic episode after being certified as physically qualified to operate a commercial motor vehicle is prohibited from operating a commercial motor vehicle, and must report such occurrence to and be evaluated by a treating clinician as soon as is reasonably practicable. A person is physically qualified to drive a commercial motor vehicle if that person: Has no current clinical diagnosis of alcoholism. (2) The original, or a copy of, the certificate required by paragraph (e) of this section. (2) The driver provides a copy of the ophthalmologist or optometrist report to the medical examiner at the time of the annual medical examination. (2) For drivers required to have a commercial driver's license under part 383 of this chapter, beginning January 30, 2015, using the CDLIS motor vehicle record obtained from the current licensing State, the motor carrier must verify and document in the driver qualification file the following information before allowing the driver to operate a CMV: (i) The type of operation the driver self-certified that he or she will perform in accordance with 383.71(b)(1) of this chapter. This Form shall be treated and retained as part of the Medical Examination Report Form, MCSA5875. (3) Provide specific contact information in case a driver chooses to contact the previous employer regarding correction or rebuttal of the data. Prior to the examination required by 391.45 or the expiration of a medical examiner's certificate, the individual must be evaluated by his or her treating clinician. For purposes of this section, treating clinician means a healthcare professional who manages, and prescribes insulin for, the treatment of the individual's diabetes mellitus as authorized by the healthcare professional's State licensing authority. Certain diseases are known to have acute episodes of transient muscle weakness, poor muscular coordination (ataxia), abnormal sensations (paresthesia), decreased muscular tone (hypotonia), visual disturbances and pain which may be suddenly incapacitating. This regulatory criteria is based on the Federal Motor Carrier Safety Administration's Cardiovascular Advisory Guidelines for the Examination of commercial motor vehicle Drivers, which used the Sixth Report of the Joint National Committee on Detection, Evaluation, and Treatment of High Blood Pressure (1997). The rules also establish minimum duties of employers with respect to the qualification of their drivers. Regulation Y If the driver has not arranged to pick up or receive the requested records within thirty (30) days of the prospective employer making them available, the prospective motor carrier may consider the driver to have waived his/her request to review the records. A driver who is convicted of violating the restriction on using a hand-held mobile telephone in 392.82(a) of this chapter is disqualified from driving a commercial motor vehicle for the period of time specified in paragraph (f)(2) of this section. (iii) The individual is not physically qualified to operate a commercial motor vehicle up to the maximum 12-month period under 391.45(e) until he or she provides the treating clinician with at least the preceding 3 months of electronic blood glucose self-monitoring records while being treated with insulin that are generated in accordance with paragraph (d) of this section. (3) Prospective employers should report failures of previous employers to respond to an investigation to the FMCSA and use the complaint procedures specified at 386.12 of this subchapter. (b) Apiarian industries. The rules in this part, except for 391.15(e) and (f), do not apply to a farm vehicle driver except a farm vehicle driver who drives an articulated (combination) commercial motor vehicle, as defined in 390.5 of this chapter. information or personal data. You are using an unsupported browser. (c) A motor carrier which certifies a driver's qualifications under this section shall be responsible for the accuracy of the certificate. (3) Description of the commercial motor vehicle(s) the driver applicant intends to drive: (i) Truck, truck tractor, or bus make, model, and year (if known); (A) Transmission type (automatic or manualif manual, designate number of forward speeds); (B) Auxiliary transmission (if any) and number of forward speeds; and. You are using an unsupported browser. (a) Each motor carrier must maintain a qualification file for each LCV driver-instructor it employs or uses. It is my considered opinion that this driver possesses sufficient driving skill to operate safely the type of commercial motor vehicle listed above. (ii) The dates he or she was employed by that employer. (5) Until May 1, 2006, carriers need only provide information for accidents that occurred after April 29, 2003. (a) Each motor carrier must maintain a qualification file for each LCV driver-instructor it employs or uses.The LCV driver-instructor qualification file may be combined with his/her personnel file. 1673, 1677; sec. (5) The applicant must submit proof that the medical specialist mentioned in paragraph (b)(3) of this section was provided, prior to his/her determination, the medical history of the driver and an agreed-upon statement of the work the driver performs. (d) The following records may be removed from a driver's qualification file three years after the date of execution: (1) The motor vehicle record received from each driver's licensing authority to the annual driver record inquiry required by 391.25(a); (2) The note relating to the annual review of the driver's driving record as required by 391.25(c)(2); (3) The medical examiner's certificate required by 391.43(g), a legible copy of the certificate, or, for CDL drivers, any CDLIS MVR obtained as required by paragraph (b)(6)(ii) of this section; (4) Any medical variance issued by FMCSA, including a Skill Performance Evaluation Certificate issued in accordance with 391.49; or the Medical Exemption letter issued by a Federal medical program in accordance with part 381 of this chapter; and. Such petition must be submitted in accordance with 386.13(a) of this chapter. FAR). 22, 1970, as amended at 35 FR 17420, Nov. 13, 1970; 52 FR 20589, June 1, 1987; 60 FR 38744, July 28, 1995; 69 FR 16719, Mar. L. 112141, 126 Stat. (3) On or after June 23, 2025, if the medical examiner finds that the person examined is not physically qualified to operate a commercial motor vehicle in accordance with 391.41(b), he or she must inform the person examined that he or she is not physically qualified, and that this information will be reported to FMCSA. (i) A motor carrier investigating the information, described in paragraphs (d) and (e) of this section, of an individual under consideration for employment as a commercial motor vehicle driver, (ii) A person who has provided such information; or. (f) Status of driver. Drivers from any of the countries who have received a medical authorization that deviates from the mutually accepted compatible medical standards of the resident country are not qualified to drive a CMV in the other countries. 2. (iii) Beginning on January 30, 2015, and through June 22, 2025, if the driver provided the motor carrier with a copy of the current medical examiner's certificate that was submitted to the State in accordance with 383.73(b)(5) of this chapter, the motor carrier may use a copy of that medical examiner's certificate as proof of the driver's medical certification for up to 15 days after the date it was issued. 5. (ii) Continues to measure at least 20/40 (Snellen) in the better eye. [63 FR 33278, June 18, 1998, as amended at 79 FR 59457, Oct. 2, 2014; 87 FR 13209, Mar. I certify that the above named driver, as defined in 390.5, is a single-employer driver driving a commercial motor vehicle operated by the below named carrier and is fully qualified under part 391, Federal Motor Carrier Safety Regulations. (2) Disqualifying offenses. (1) Has no loss of a foot, a leg, a hand, or an arm, or has been granted a skill performance evaluation certificate pursuant to 391.49; (i) A hand or finger which interferes with prehension or power grasping; or. driver has violated any applicable Federal Motor Carrier Safety Regulations in this subchapter or Hazardous Materials Regulations (49 CFR . After January 30, 2015, a non-excepted, interstate CDL holder without medical certification status information on the CDLIS motor vehicle record is designated not-certified to operate a CMV in interstate commerce. (3) Drivers wishing to rebut information in records received pursuant to paragraph (i) of this section must send the rebuttal to the previous employer with instructions to include the rebuttal in that driver's safety performance history. (iv) Has been granted a Skills Performance Evaluation certificate pursuant to 391.49. Medical examination; certificate of physical examination. Section 391.27 provides that each motor carrier must, at least once every 12 months, require each After January 30, 2015, and through June 22, 2025, a motor carrier may use a copy of the driver's current medical examiner's certificate that was submitted to the State for up to 15 days from the date it was issued as proof of medical certification. Motor carriers are encouraged to obtain a practitioner's written statement about the effects on transportation safety of the use of a particular drug. (iv) A description of the driver applicant's limb impairment for which SPE certificate is requested. switch to eCFR drafting site. That record must be obtained from the current licensing State and placed in the driver qualification file. (e) Petitions to review, burden of proof. Also, the driver must be in possession of a spare power source for the hearing aid. L. 103311, 108 Stat. Pressing enter in the search box will also bring you to . (c) Except as provided in paragraph (d) of this section, each driver's qualification file shall be retained for as long as a driver is employed by that motor carrier and for three years thereafter. (b) The application for employment shall be made on a form furnished by the motor carrier. Please do not provide confidential chapter 51.; and. This exception does not apply to methadone. There are many conditions that interfere with oxygen exchange and may result in incapacitation, including emphysema, chronic asthma, carcinoma, tuberculosis, chronic bronchitis and sleep apnea. 4. Farm vehicle drivers of articulated commercial motor vehicles. Coumadin is a medical treatment which can improve the health and safety of the driver and should not, by its use, medically disqualify the commercial motor vehicle driver. will bring you to those results. (a) Applications. will bring you directly to the content. A blood pressure in this range is an absolute indication for anti-hypertensive drug therapy. The certificate is no longer valid if the driver leaves the employment of the motor carrier which issued the certificate or is no longer qualified under the rules in this part. Choosing an item from (b) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, review the motor vehicle record of each driver it employs to determine whether that driver meets minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle pursuant to 391.15. [35 FR 6460, Apr. will also bring you to search results. The physical qualification standard for drivers regarding epilepsy found in 49 CFR 391.41(b . (2) A note, including the name of the person who performed the review of the driving record required by paragraph (b) of this section and the date of such review, shall be maintained in the driver's qualification file. L. 103311, 108 Stat. 215, Pub. (i) A copy of the driver applicant's application for employment completed pursuant to 391.21; or. (c) Except as provided in paragraph (d) of this section, each driver's qualification file shall be retained for as long as a driver is employed by that motor carrier and for three years thereafter. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. An individual with diabetes mellitus treated with insulin for control is physically qualified to operate a commercial motor vehicle provided: (1) The individual otherwise meets the physical qualification standards in 391.41 or has an exemption or skill performance evaluation certificate, if required; and. The following checklist will help you ensure that each driver qualification file is complete. 9, 2022]. (i) The individual must certify in writing to the motor carrier the date the vision deficiency began. A driver is disqualified for not less than 90 days nor more than one year if the driver is convicted of a first violation of an out-of-service order. A letter of application for an SPE certificate may be submitted unilaterally by a driver applicant. A driver who is convicted of (or forfeits bond or collateral upon a charge of) a disqualifying offense specified in paragraph (c)(2) of this section is disqualified for the period of time specified in paragraph (c)(3) of this section, if, (i) The offense was committed during on-duty time as defined in 395.2 of this subchapter or as otherwise specified; and.
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