Code of Massachusetts Regulations
540 CMR - REGISTRY OF MOTOR VEHICLES
Title 540 CMR 14.00 - Motor Carrier Safety and Hazardous Material Transportation
Section 14.05 - State Exemptions Applicable Only to Intrastate Commerce

Universal Citation: 540 MA Code of Regs 540.14

Current through Register 1531, September 27, 2024

(1) Drivers of vehicles engaged only in intrastate commerce within the Commonwealth shall be exempt from the following Federal regulations:

(a) the 21 years of age or older requirement contained in 49 CFR § 391.11(b)(1).

(b) the ability to read and speak the English language contained in 49 CFR § 391.11(b)(2), except that this exemption shall not be applicable to initial permits or initial commercial driver licenses issued after March 9, 2018; and except further, that this exemption does not apply to any person operating a motor vehicle used for the transportation of hazardous material

(c) the requirements for waivers of certain physical defects contained in 49 CFR § 391.49. Waivers of the provisions of 49 CFR §§ 391.41, 391.43 and 391.45 shall be granted by the Registrar of Motor Vehicles as follows:
1. The Registrar may issue an intrastate waiver for a vision impairment if the applicant has a combined horizontal peripheral field of vision of not less than 120 E , provided the applicant also has a distant visual acuity of at least 20/40 (Snellen) in either eye, with or without corrective lenses, and the ability to distinguish the colors red, green, and amber.

2. The Registrar may issue an intrastate waiver for a diabetic condition if the applicant submits a written statement from his or her physician (defined in 540 CMR 24.02) which:
a. provides specific reasons as to why the applicant is not at risk or is no longer at risk of suffering hypoglycemic spells or episodes; and

b. recommends a specific date for the Registry to reevaluate the applicant's ability to operate a commercial motor vehicle safely.

3. The Registrar may issue an intrastate waiver for a cardiovascular condition if the applicant does not have an implanted cardiac defibrillator and does not have Class III or Class IV heart disease according to the American Heart Association functional guidelines for classifying heart disease.

4. The Registrar may issue an intrastate waiver for applicants with a loss or impairment of limb, so long as such loss or impairment of limb is not likely to interfere with the safe operation of a commercial motor vehicle.

5. Applicants with conditions specified in 540 CMR 14.04(1)(d), may obtain an intrastate waiver provided that the condition will not interfere with the safe operation of a commercial motor vehicle, as certified by their physician.

6. Intrastate waivers shall not be applicable to school bus operator certificates.

7. The Registrar or his or her designee may require such evidence of satisfaction of the medical qualification criteria as he or she deems appropriate, or may modify these standards.

8. The terms used in 540 CMR 14.04(1)(d) shall have the same meaning as defined in 540 CMR 24.00: Medical Qualifications for Operators of Motor Vehicles.

9. Medical Qualifications Applicable to Existing Intrastate Medical Waivers. An individual who is unable to meet the medical qualification standards of 540 CMR 14.04(1)(d)1. through 4., but who held a valid intrastate medical waiver as of the effective date of 540 CMR 14.04(1)(d), shall be eligible to retain or renew such intrastate medical waiver, provided:
a. he or she satisfies the following medical qualification standards:
i. Visual acuity of 20/40 in the better eye with a total field of 120 E ;

ii. Insulin dependant diabetes that is under control;

iii. Minor afflictions such as loss of finger;

iv. Any other condition that the Registry determines in an individual case will not interfere with the safe operation of a commercial motor vehicle.

b. he or she provides a certification from his or her physician that, to a reasonable degree of medical certainty, the individual is medically qualified to safely operate a commercial motor vehicle; and

c. the Registry has no other cause to believe, based upon the individual's driving history or otherwise, that the individual cannot safely operate such motor vehicle.

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