Current through Register Vol. 6, March 22, 2024
(1) A person may not be issued, nor may
he/she retain a type 1 endorsement, unless he/she is physically qualified to
have the endorsement and has on his/her person the original or a photographic
copy of a medical certificate certifying he/she is physically qualified to
operate a commercial motor vehicle as required in federal regulations,
49 C.F.R.
391.43.
(2) A person is physically qualified to hold
a type 1 endorsement if he/she:
(a) has no
loss of a foot, a leg, a hand, or an arm; no impairment of a hand or finger
which interferes with prehension or power grasping; no arm, foot, leg, or limb
impairment which interferes with the ability to perform normal tasks associated
with operating a motor vehicle; or has been granted a federal waiver or
exemption;
(b) has no established
medical history or clinical diagnosis of diabetes mellitus currently requiring
the use of insulin for control;
(c)
has no current clinical diagnosis of myocardial infarction, angina pectoris,
coronary insufficiency, thrombosis, or any other cardiovascular disease of a
variety known to be accompanied by syncope, dyspnea, collapse, or congestive
cardiac failure;
(d) has no
established medical history or clinical diagnosis of a respiratory dysfunction
likely to interfere with his/her ability to control and drive a motor vehicle
safely;
(e) has no current clinical
diagnosis of high blood pressure likely to interfere with his/her ability to
operate a motor vehicle safely;
(f)
has no established medical history or clinical diagnosis of rheumatic,
arthritic, orthopedic, muscular, or vascular disease which interferes with
his/her ability to control and operate a motor vehicle safely;
(g) has no established medical history or
clinical diagnosis of epilepsy or any other condition which is likely to cause
loss of consciousness or any loss of ability to control a motor
vehicle;
(h) has no mental,
nervous, organic, or functional disease or psychiatric disorder likely to
interfere with his/her ability to drive a motor vehicle safely;
(i) has distant visual acuity of at least
20/40 (Snellen) in each eye without corrective lenses, or visual acuity
separately corrected to 20/40 (Snellen) or better with corrective lenses,
distant binocular acuity of at least 20/40 (Snellen) in both eyes with or
without corrective lenses, field of vision of at least 70° in the
horizontal meridian in each eye, and the ability to recognize the colors on
traffic signals and devices showing standard red, green, and amber;
(j) first perceives a forced whispered voice
in the better ear at not less than 5 feet with or without the use of a hearing
aid or, if tested by use of an audiometric device, does not have an average
hearing loss in the better ear greater than 50 decibels at 500 Hz, 1,000 Hz,
and 2,000 Hz with or without a hearing aid when the audiometric device is
calibrated to American National Standard Z24.5-1951;
(k) does not use an amphetamine, narcotic, or
any habit-forming drug; and
(l) has
no current clinical diagnosis of alcoholism.
(3) If a commercial driver cannot meet the
physical qualifications set forth in this section, he or she may attempt to
qualify for a type 2 commercial operator's endorsement (intrastate operation
only) under the provisions of ARM
23.3.506 and, if so qualified,
will be issued a Montana medical qualification card valid for the life of the
current commercial license.
(4)
Upon renewal, persons having qualified under section 3 above shall present a
federal D.O.T. medical card, or complete the medical statement contained as a
part of the commercial vehicle operator's endorsement application, and may be
required to furnish a report from a physician indicating whether the
condition(s) has worsened or whether any other disqualifying condition
exists.
Secs.
61-5-112,
61-5-117,
61-5125 MCA; IMP, Secs.
61-5-104,
61-5-105,
61-5-110
to
61-5-112,
61-5-201
MCA;