Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
281.600, Chapter 281A, 49 C.F.R. 383,
391
NECESSITY, FUNCTION, AND CONFORMITY: The federal requirements
for the issuance of a commercial driver's license to a driver operating in
interstate commerce include a certification that the driver meets the
qualification requirements contained in 49 C.F.R. 391. The Federal Highway
Administration does not require a person who operates entirely in intrastate
commerce to be subject to 49 C.F.R. 391. He is subject however, to Kentucky
driver qualification requirements. In
601 KAR
1:005 the Transportation Cabinet adopted the majority
of the driver qualification requirements of 49 C.F.R. Part 391 on both an
interstate and intrastate commerce basis. However, medical waivers in addition
to those allowed in
49
C.F.R. 391.49 are allowed by the Federal
Highway Administration for drivers operating exclusively in intrastate
commerce. This administrative regulation sets forth the procedure and standards
for obtaining an intrastate medical waiver.
Section
1. Application for Intrastate Medical Waiver.
(1) A commercial driver may apply to the
Transportation Cabinet for a medical waiver if he:
(a) Operates exclusively in intrastate
commerce; and
(b) Has failed to
meet the physical requirements of 49 C.F.R. 391, Subpart E, which govern
601 KAR
1:005.
(2) The application for medical waiver shall
be on Kentucky Transportation Cabinet form TC 94-38, "Request for Medical
Waiver" effective December 1996.
(3)
(a) A
copy of the completed medical examination form required by
49 C.F.R.
391.43 and 601 KAR 1:005 shall be attached to
the application for medical waiver.
(b) The medical examination form shall have
been completed by a health care professional as adopted in
601 KAR
1:005, Section 7.
(c) The medical examination form shall
indicate the reason the applicant failed to meet the requirements of 49 C.F.R.
391 Subpart E.
(4)
(a) Except as provided in paragraph (b) of
this subsection, a copy of the applicable supplemental medical report form
shall be completed by a licensed doctor of medicine or osteopathy.
(b) The "Vision Conditions" form shall be
completed by a licensed doctor of optometry or ophthalmology. The licensed
doctor of medicine or osteopathy shall determine which of the following
supplemental medical report forms are applicable to the medical waiver
applicant:
1. "Cardiovascular";
2. "Neurological";
3. "Musculoskeletal";
4. "Metabolic";
5. "Alcohol or Drug Dependence";
and
6. "Mental and Emotional
Conditions".
(5) The application for medical waiver,
medical examination form and supplemental medical report form shall be
submitted to the Transportation Cabinet, Division of Driver Licensing, State
Office Building, Frankfort, Kentucky 40622.
Section 2.
(1) The Division of Driver Licensing shall
base its decision on granting the requested medical waiver on the information
obtained from the following:
(a) Driving
history record of the applicant;
(b) Original medical examination form;
and
(c) Supplemental medical report
form;
(d) A skills test if
suggested by the Medical Review Board, the applicant if his medical problem is
exoskeletal or visual, or the provisions of this administrative regulation;
and
(e) Any other information
supplied to the Division of Driver Licensing about the driving ability of the
applicant by the Medical Review Board, a physician, police officer or
acquaintance.
(2) The
following medical guidelines shall be considered by the Division of Driver
Licensing in evaluating the information related to the commercial driver:
(a) Paraplegics or quadriplegics. If the
applicant has a loss or impairment of foot, leg, arm, hand or fingers, he shall
not be issued a medical waiver unless he passes a skills test administered by
the Kentucky State Police in the commercial vehicle adapted for his specific
disability.
(b) Vision. To be
considered for a medical waiver, the commercial driver shall:
1. Have a distance visual acuity of 20/60
(Snellen) or better with corrective lenses in one (1) or both eyes;
2. Have horizontal visual fields which are
not narrowed to less than 110 degrees of total visual field;
3. Readily distinguish which light of traffic
signals and devices showing standard red, green and amber is
illuminated;
4. Not wear bioptic
lenses; and
5. Not have
uncorrectable double vision.
(c) Hearing. A waiver of
49 C.F.R.
391.41(11) shall not be
issued.
(d) Epilepsy or other
condition likely to cause loss of consciousness. A commercial driver with
epilepsy or other condition which may cause loss of consciousness shall:
1. Have been seizure free for one (1) year
prior to requesting the waiver;
2.
Not have experienced loss of consciousness, blackout, fainting or
disorientation in the year immediately prior to requesting the waiver;
and
3. Be reliable in taking his
prescribed medication to be considered for a medical waiver as proven by the
blood content levels of his medication.
(e) Cardiovascular.
1. In the year immediately preceding a waiver
request, a commercial driver shall not have experienced:
a. A fainting or blackout spell;
b. Uncontrollable attacks of choking,
suffocation, or shortness of breath; or
c. Uncontrollable instances of syncope or
vertigo.
2. A commercial
driver shall not have heart disease symptoms while:
a. Operating a motor vehicle; or
b. Sitting at rest.
3. A commercial driver shall not have:
a. Difficulty in breathing;
b. Painful breathing; or
c. An aortic or ventricular
aneurysm.
4. A commercial
driver's:
a. Blood pressure shall not be
irregular; or
b. Diastolic blood
pressure shall not consistently be above 110 millimeters of mercury.
(f) Diabetes. A
commercial driver shall not have:
1. An
uncontrolled condition of diabetes; or
2. In the year immediately preceding a waiver
request, had an instance of diabetes shock or coma.
(g) Alcohol or drugs. A commercial driver
shall have been free of addiction to or abuse of alcohol or other drugs for at
least one (1) year.
(h) Emotional
or mental. A commercial driver shall:
1. Not
exhibit homicidal, suicidal, or destructive behavior;
2. In the year immediately preceding a waiver
request, not have experienced bouts of:
a.
Extreme anxiety;
b.
Depression;
c. Paranoia;
d. Confusion;
e. Delusions; or
f. Hallucinations.
3. Not, in the three (3) years immediately
preceding a waiver request, have been hospitalized for a mental or emotional
condition.
Section 3.
(1) If a commercial driver is granted a
medical waiver, he shall submit to medical reexaminations required by the
Division of Driver Licensing.
(2)
After a reexamination, a waiver shall remain in effect if the physician
performing the reexamination certifies that:
(a) The condition for which a waiver was
issued has not worsened; and
(b) An
additional nonqualifying condition has not manifested.
(3)
(a) The
driving history record of a commercial driver approved for a medical waiver may
be evaluated by the Division of Driver Licensing at any time.
(b) If a review of the person's driving
history record, submitted medical information, or related items would cause the
person to ordinarily be referred to the Medical Review Board under the
provisions of
601
KAR 13:090, the waiver or waiver request shall be
referred to the Medical Review Board for evaluation.
(4)
(a)
After completion of a test of the commercial driver's driving skills requested
by the Division of Driver Licensing, the Kentucky State Police shall submit to
the Division of Driver Licensing:
1. The test
results; and
2. Recommendations for
waiver refusal or restrictions on a medical waiver.
(b) If a medical waiver with restrictions is
issued, the restriction shall be noted on the commercial driver's motor vehicle
operator's license or commercial driver's license.
(5) If an intrastate medical waiver is issued
to a commercial driver, he shall notify the Division of Driver Licensing
immediately of any change in or worsening of his physical or mental
condition.
(6) If an intrastate
medical waiver is issued to a commercial driver with a progressive disease, the
Division of Driver Licensing may require the commercial driver to submit to a
periodic skills test with the Kentucky State Police.
(7) If an intrastate medical waiver is issued
to a person with a pacemaker, he shall submit an annual report on the
functioning of the device to the Division of Driver Licensing.
(8) A medical waiver shall be cancelled if a
commercial driver fails to within forty-five (45) days:
(a) Submit to a periodic report requested by
the Division of Driver Licensing; or
(b) Report for a skills test.
(9) The employer of a commercial
driver who has obtained a medical waiver shall notify the Division of Driver
Licensing of a change in the commercial driver's:
(a) Physical or mental condition;
or
(b) Employment or employment
conditions.
Section
4.
(1) If a commercial driver is
denied a medical waiver by the Division of Driver Licensing, he may request
reconsideration from the Commissioner of the Department of Vehicle Regulation.
In considering the request for reconsideration, the Commissioner of the
Department of Vehicle Regulation shall request from the Medical Review Board
established in accordance with
601
KAR 13:090 a review of the case and recommendation on
the request for reconsideration.
(2) The request for reconsideration shall be
filed with the Commissioner of the Department of Vehicle Regulation in writing
within thirty (30) days of the decision of the Division of Driver
Licensing.
(3) A member of the
Medical Review Board with specific qualifications in the medical area relating
to the request for reconsideration shall review the request when requested by
the commissioner.
(4) The
commissioner's review shall be based on the information provided to the
Division of Driver Licensing, the recommendation of the Medical Review Board
and any additional information requested by the commissioner.
(5) The Commissioner of the Department of
Vehicle Regulation shall provide a copy of his findings to the:
(a) Commercial driver; and
(b) Division of Driver Licensing.
(6) A commercial driver aggrieved
by the findings of the Commissioner of the Department of Vehicle Regulation may
file an appeal with the Secretary of the Transportation Cabinet in accordance
with the provisions of KRS Chapter 13B.
Section 5. Medical Review Board. Any
applicant denied a medical waiver under the provisions of this administrative
regulation shall be referred to the Medical Review Board under the provisions
of
601
KAR 13:090.
Section
6. Waiver Cancellation. If at any time after the issuance of a
medical waiver, the Division of Driver Licensing cancels the waiver pursuant to
the provisions of this administrative regulation, the driver's commercial
driver's license shall also be cancelled.
Section 7. Material Incorporated by
Reference.
(1) The following Transportation
Cabinet forms are incorporated by reference as a part of this administrative
regulation:
(a) TC 94-38, "Request for Medical
Waiver" effective December 1996;
(b) TC 94-38A "MEDICAL REPORT FORM - Vision"
effective October 1996;
(c) TC
94-38B "MEDICAL REPORT FORM - Metabolic" effective June 1995;
(d) TC 94-38C "MEDICAL REPORT FORM -
Neurological" effective April 1996;
(e) TC 94-38D "MEDICAL REPORT FORM -
Cardiovascular" effective March 1994;
(f) TC 94-38E "MEDICAL REPORT FORM -
Musculoskeletal" effective March 1994;
(g) TC 94-38F "MEDICAL REPORT FORM - Alcohol
or Drug Dependence" effective February 1991; and
(h) TC 94-38G "MEDICAL REPORT FORM - Mental
and Emotional Conditions" effective March 1994.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Transportation
Cabinet, Division of Driver Licensing, Second Floor, 501 High Street,
Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m. It is
also available from the Driver Licensing Office of any Circuit Court
Clerk.
STATUTORY AUTHORITY:
KRS
281.600,
281A.040, 49 C.F.R.
383 Subpart E, 391 Subpart E