Current through all regulations passed and filed through September 16, 2024
(A) No motor carrier, excepted carrier, or
hazardous materials transporter shall operate or permit the operation of a
motor vehicle in intrastate commerce by a person under the age of eighteen
years. No motor carrier, or excepted carrier, shall operate or permit the
operation of a commercial motor vehicle transporting hazardous materials in a
quantity or of a type that requires the motor vehicle to be placarded pursuant
to 49 C.F.R. 172, as effective on the date referenced in paragraph (C) of rule
4901:2-5-02 of the
Administrative Code, in intrastate commerce, by a person under the age of
twenty-one years.
(B) The
provisions in 49 C.F.R.
391.21 (applications for employment), and
391.23 (investigations and inquiries), as effective on the date referenced in
paragraph (C) of rule
4901:2-5-02 of the
Administrative Code,
do not apply to a driver operating in intrastate
commerce who has been a single employer driver as defined in
49 C.F.R.
390.5, as effective on the date referenced in
paragraph (C) of rule
4901:2-5-02 of the
Administrative Code, of a motor carrier, for a continuous period which began
before January 1, 1987, so long as the driver continues to be a regularly
employed driver of that motor carrier.
(C) Persons who on or before December 7,
1988, were employed or self-employed in occupations which required the
operation of commercial motor vehicles, who cannot be medically certified under
the requirements of 49
C.F.R. 391.41, as effective on the date
referenced in paragraph (C) of rule
4901:2-5-02 of the
Administrative Code, may obtain provisional medical certification for operating
commercial motor vehicles in intrastate commerce under the following
conditions:
(1) A driver may obtain a packet
of materials prescribed by the commission to be used by the driver and the
medical examiner in conducting a medical examination for provisional medical
certification. The medical examiner must be listed on the "National Registry of
Certified Medical Examiners" administered by the U.S. department of
transportation and current on all requirements to perform an examination for a
provisional medical certification. Included in the packet will be instructions
to assist the medical examiner in making an evaluation.
(2) Prior to visiting the medical examiner, a
driver shall submit to the commission a completed "Certification of Driver
Employment" form on which the driver shall certify the conditions of the
driver's past and current employment, including employer name and contact
information, dates of employment, size and type of vehicles operated, types of
cargo transported, accident history, and any additional information deemed
necessary by the commission. After reviewing the driver's employment history
and experience, the commission shall return a copy of the "Certification of
Driver Employment" form to the driver and provide the driver with the "Medical
Examiner's Provisional Certificate" form, prescribed by the commission, for the
medical examiner to complete.
(3)
The medical examination performed
in accordance with 49 C.F.R.
391.43, as effective on the date referenced
in paragraph (C) of rule
4901:2-5-02 of the
Administrative Code, should also
be recorded on the examination
form prescribed by that part. If the medical examiner finds that the driver
cannot be certified in accordance with
49 C.F.R.
391.41 as effective the date referenced in
paragraph (C) of rule
4901:2-5-02 of the
Administrative Code, but that the driver can safely operate commercial motor
vehicles under certain conditions, the medical examiner may provisionally
certify the driver.
(4) To
provisionally certify a driver, the medical examiner
may complete the
"Medical Examiner's Provisional Certificate" in lieu of the "Medical Examiner's
Certificate" prescribed in 49 C.F.R. 391.43, as effective on
the date referenced in paragraph (C) of rule
4901:2-5-02 of the
Administrative Code. The medical examiner's considerations for the provisional
certificate include the limitations under which
the medical examiner finds the driver can safely operate a commercial motor
vehicle, including but not limited to, restrictions on the size and type of
vehicle operated, hours operated per day, and any other work activities
performed in addition to driving.
The driver is entitled to receive a copy of the
provisional certificate .
(5)
Upon receipt of
a copy of the completed provisional certificate,
the commission shall
confirm receipt by placing a stamp upon the provisional certificate and then
returning a copy of it to the driver. A provisional certificate
is not
effective unless stamped by the
commission. The driver shall provide a copy of the provisional certificate to
the driver's employer, which shall be kept in the employer's driver
qualification file in the same manner as the medical examiner's certificate, as
required by 49 C.F.R.
391.51, as effective on the date referenced
in paragraph (C) of rule
4901:2-5-02 of the
Administrative Code. A driver must possess a copy of the provisional
certificate at all times when operating a commercial motor vehicle.
(6) A driver who has obtained provisional
medical certification shall be re-examined one year from the date of the
medical examination, or such shorter time as the medical examiner may
prescribe, and shall obtain a new provisional certificate pursuant to the
requirements of this rule, except that the driver
need not
submit a new "Certification
of Driver Employment" form prior to obtaining a "Medical Examiner's Provisional
Certificate" form from the commission.
(7) Except as otherwise provided by this
rule, the medical examiner's provisional certificate
is treated
as a medical examiner's certificate for all
purposes as provided in 49 C.F.R. 390 to 396, as effective on the date
referenced in paragraph (C) of rule
4901:2-5-02 of the
Administrative Code.
(8)
Provisional medical certification under this rule is
ineffective to qualify a driver to drive in interstate commerce, to transport
hazardous materials in a quantity or of a type that requires the motor vehicle
to be placarded pursuant to 49 C.F.R. 172, as effective on the date referenced
in paragraph (C) of rule
4901:2-5-02 of the
Administrative Code, to transport passengers for hire, to operate a motor
vehicle designed to transport sixteen or more passengers, including the driver,
or to operate a commercial motor vehicle beyond the scope of any restrictions
indicated by the medical examiner.
(9) After notice and opportunity for a
hearing conducted pursuant to Chapter 4901-1 of the Administrative Code, the
commission may invalidate the provisional medical certification issued by the
medical examiner upon its finding that continued operations by the driver
constitute an unreasonable risk of harm to the public.
(10) Beginning July 1, 2021, no provisional
medical certificates for drivers with diabetes mellitus treated with insulin
for control will be issued or renewed.
