Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment updates the publication date
of the Application for Skill Performance Evaluation Certificate form which is
incorporated by reference; removes text references to visual exemptions, visual
examinations, and the medical professionals who perform visual examinations;
and updates the publication dates of Title 49 of the Code of Federal
Regulations, section 381.315, section 391.41, and section 391.49, which are
incorporated by reference.
(1)
Definitions and Substitutions. Except when the context clearly suggests
otherwise, the words and terms used in this rule, or in any federal regulation
incorporated by reference in this rule, shall have the meaning stated in this
section.
(A) Whenever the terms
"application," "letter of application," "written request," or any similar terms
used in the federal regulation refer to a document to be filed with a federal
agency or official, the word "application" shall be substituted for those
terms, which means a writing filed with the director, which shall contain all
information required to complete the applicable form provided for that purpose
by the department.
(B) Whenever the
term "commercial motor vehicle" is used in the federal regulation, the term
shall include any motor vehicle, or the operator or driver of any motor
vehicle, within the jurisdiction of the commission pursuant to the provisions
of section
226.008,
RSMo.
(C) The word "commission"
means the Missouri Highways and Transportation Commission.
(D) The word "department" means the Missouri
Department of Transportation.
(E)
The word "director" means the director of Motor Carrier Services of the
Missouri Department of Transportation.
(F) Except for subsection (4)(A) and section
(6) of this rule, whenever the term "exemption" is used in this rule, the term
"SPE certificate" shall be substituted for the term "exemption."
(G) Whenever the term "FMCSA," "field service
center, FMCSA" or any comparable term is used in the federal regulation, then
the words "Missouri Department of Transportation, Motor Carrier Services" shall
be substituted for those terms. If the federal regulation prescribes an address
applicable to any of these terms, then the current business address of the
director of Motor Carrier Services shall be substituted for that
address.
(H) Whenever the terms
"Federal Motor Carrier Safety Administrator," "Federal Highway Administrator,"
"State Director, FMCSA" or any comparable terms are used in the federal
regulation, then the words "Missouri Department of Transportation, director of
Motor Carrier Services" shall be substituted for those terms. If the federal
regulation prescribes an address applicable to any of these terms, then the
current business address of the director of Motor Carrier Services shall be
substituted for that address.
(I)
Whenever the word "interstate" is used in the federal regulation, the word
"intrastate" shall be substituted for "interstate."
(J) The word "SPE certificate" means a skill
performance evaluation certificate as defined in subsection 4 of section
622.555,
RSMo. Publication of a Missouri Register notice of application for S P E
Certificates is not required.
(2) Delegation of Authority. The commission
authorizes the director to administer the skill performance evaluation program
for intrastate drivers of commercial motor vehicles, as provided in sections
622.027 and
622.555,
RSMo, and this rule. The director, at his/her discretion, may delegate any part
of this authority to other department personnel.
(3) Filing and Determination of Applications;
Demonstration and Verification of Ability to Operate Commercial Motor Vehicles.
Applications for an intrastate SPE certificate, and related documents, and
information reasonably required by the director, shall be filed at PO Box 270,
Jefferson City, MO 65102. Every application shall include all information and
supporting documents required by section 622.555, RSMo, this rule, and the
"Application for Skill Performance Evaluation Certificate." The application and
accompanying instructions are incorporated herein by reference and made a part
of this rule as published on April 15, 2022, by the Missouri Department of
Transportation Motor Carrier Services Division, PO Box 270, Jefferson City, MO
65102. This rule does not incorporate any subsequent amendments or additions to
the application and instructions.
(A) The
director may dismiss, grant, or deny applications for SPE certificates, in
accordance with the provisions of section
622.555,
RSMo, and this rule.
(B) The
director may issue SPE certificates that include reasonable limitations,
conditions, and requirements to protect public safety, or to promote the
department's effective administration of SPE certificates, or both.
(C) At any time while an application is
pending, or after the person is issued a SPE certificate, the director may
require the person to demonstrate or verify the person's present ability to
operate a commercial motor vehicle safely with his/her physical deficiency or
impairment. These requirements may include:
1. Successfully completing a road test, using
a commercial motor vehicle and associated equipment of the type which the
applicant drives or seeks to drive pursuant to the SPE certificate;
2. Obtaining additional or periodic physical
examinations by a physiatrist, orthopedic surgeon, audiologist, or
otolaryngologist; and
3. Filing
additional or periodic reports with the director concerning the person's
medical or hearing examinations, treatment, prognosis, employment, driving
record, accidents, traffic violations, and other pertinent
information.
(4) Physical Deficiencies. Persons who are
physically unqualified to drive commercial motor vehicles pursuant to any
provision of Title 49, Code of Federal Regulations (CFR), section 391.41(b),
may apply for intrastate SPE certificates, and the director may issue
intrastate SPE certificates to those applicants, only if-
(A) The Federal Motor Carrier Safety
Administration (FMCSA) is currently administering a program for issuing SPE
certificates, or exemptions from the physical qualification requirements, to
interstate drivers who are physically unqualified because of the same physical
deficiency or impairment affecting the applicant; except that a FMCSA exemption
from
49 CFR section
391.41(b)(8) will not
authorize the issuance of a SPE certificate for Missouri intrastate
operation;
(B) The applicant files
an application for SPE certificate with the director, which conforms to all
applicable requirements of section
622.555,
RSMo, and this rule, and conforms to the same standards and procedures that are
applicable under FMCSA's comparable interstate SPE certificate or exception
program, as modified and supplemented by any applicable provisions of section
622.555,
RSMo, or this rule; and
(C) With the
exception of Subpart C, section 381.315, the commission incorporates by
reference and makes a part of this rule the provisions of 49 CFR 381 as
published by the United States Government Publishing Office, 732 North Capitol
Street NW, Washington DC 20401, on February 22, 2022. The commission also
incorporates by reference and makes a part of this rule the provisions of 49 CFR 391.41 as published by the United States Government Publishing Office, 732
North Capitol Street NW, Washington, DC 20401, on March 22, 2022. The
commission also incorporates by reference and makes a part of this rule the
provisions of 49 CFR 391.49 as published by the United States Government
Publishing Office, 732 North Capitol Street NW, Washington, DC 20401, on
February 22, 2022. This rule does not incorporate any subsequent amendments or
additions to 49 CFR 381, 391.41, and 391.49.
(5) Multiple Physical Conditions. The
director may deny applications for SPE certificates, and may suspend or revoke
SPE certificates, regarding any person who is not physically qualified pursuant
to the requirements of two (2) or more separate paragraphs within subsection
(b) of
49 CFR section
391.41, except a person who is physically
unqualified only pursuant to paragraphs (1) and (2) of that
subsection.
(6) Federal Exemption
or SPE Certification. Upon the filing of an application containing such
information as the director may require, the director may waive any procedural
requirements pursuant to this rule and shall issue an intrastate SPE
certificate to any driver who is authorized to operate commercial motor
vehicles in interstate commerce by a currently valid SPE certificate or hearing
exemption issued by the FMCSA. Each SPE certificate issued pursuant to this
section shall be conditioned upon the driver's continued possession of the
federal SPE certificate in good standing and the driver's compliance with all
applicable requirements, including all conditions specified in the driver's
federal SPE certificate, and any other conditions imposed by the
director.
(7) Operation in
Conformity with Terms of SPE Certificate. No person shall operate a commercial
motor vehicle by authority of any SPE certificate issued pursuant to this rule,
unless the vehicle is operated in conformity with all limitations,
requirements, and other terms specified in that SPE certificate.
(8) Suspension and Revocation. For good
cause, the director may revoke a person's SPE certificate after notice and an
opportunity for hearing before the Administrative Hearing Commission, or may
suspend the certificate until it is determined whether the certificate should
be revoked.
*Original authority: 226.008, RSMo 2002 and 622.555, RSMo
2002.
