Current through Register Vol. 63, No. 9, September 1, 2024
(1) This rule is applicable to holders of or
applicants for a CDL, CLP or Class C non-commercial license issued by DMV, who
intend to operate a CMV only in Oregon intrastate commerce or are exempt from
the physical qualification requirements in
49 CFR
391.41 and
391.43
under
49 CFR
390.3(f),
391.2,
391.68
or
398.3
but must have a medical certificate under ORS 807.100.
(2) For purposes of this rule, CMV means a
commercial motor vehicle as defined in
49
CFR 390.5 and includes a driver employed or
applying for employment to operate a CMV by a for-hire carrier as defined in
ORS 825.005.
(3) DMV may issue or
renew a Waiver of Physical Disqualification if the person is otherwise
disqualified from operating a CMV under
49 CFR
391.41(b) because of one or
more of the following disqualifying conditions:
(a) Loss or impairment of limb;
(b) Seizure disorder; or
(c) Hearing loss.
(4) Except as provided in sections (3) and
(12) of this rule, DMV will not issue or renew a Waiver of Physical
Disqualification to a person who does not meet the physical qualification
standards set forth in
49 CFR
391.41(b).
(5) To apply for a Waiver of Physical
Disqualification, an applicant must submit the following:
(a) A completed waiver application form,
including:
(A) A current FMCSA medical
examination report completed by a certified medical examiner listed on the
FMSCA National Registry of Certified Medical Examiners. The report must show
that notwithstanding the disqualifying condition, the applicant meets all other
physical qualification standards as set forth in
49 CFR
391.41(b);
(B) Current medical information regarding the
disqualifying condition from a treating medical specialist specializing in the
assessment and treatment of the type of disqualifying condition for which the
applicant is requesting a waiver; and
(C) If requested by DMV, a copy of the
applicant's out-of-state driver record if the applicant has held a driver
license in another jurisdiction during the three-year period preceding the date
of application.
(b) If
requested by DMV, additional information showing that the disqualifying
condition does not impair the person's ability to safely operate a CMV in
intrastate commerce.
(6)
The Medical Determination Officer will review an application for an original
waiver or for renewal of a waiver and make a recommendation to DMV whether to
approve or deny the waiver.
(a) The Medical
Determination Officer review will be conducted using medical waiver guidelines.
These guidelines are criteria maintained by the Medical Determination Officer
and are available from DMV.
(b) The
Medical Determination Officer may request additional information from DMV or
the applicant before making a recommendation.
(7) Records relating to an applicant or the
holder of a current waiver may be reviewed at any time by DMV to determine if
the person is qualified to hold the waiver and is complying with the
restrictions and conditions of the waiver. The review may include a
recommendation from the Medical Determination Officer. DMV may use the
information from these records or a recommendation from the Medical
Determination Officer as a basis for denial of a waiver or for revocation of an
existing waiver as specified in OAR
735-063-0350(4).
Records include but are not limited to:
(a)
Driving record;
(b) Accident
record;
(c) Conviction record;
and
(d) Medical
records.
(8) If DMV has
reason to believe the holder of a Waiver of Physical Disqualification is no
longer qualified for the waiver, DMV:
(a) May
immediately revoke the waiver as specified in OAR
735-063-0350;
(b) May request in writing that the holder
submit any information requested by DMV in order for DMV to determine if the
holder remains eligible for the waiver. The holder must submit any requested
information to DMV within 60 days of the date the written request is mailed.
Failure to submit the requested information will result in revocation of the
waiver as set forth in OAR
735-063-0350(3).
DMV may grant an additional 30 days if:
(A)
The person is seriously ill or injured and DMV receives a written request from
a physician for an extension;
(B)
The person is temporarily out of state and DMV receives a written request for
an extension from the person; or
(C) The person can show that the information
was requested from another party within the 60 day period and the delay in
submitting the information was caused by the other party.
(9) To be eligible for a Waiver of
Physical Disqualification, a driver must:
(a)
Qualify for commercial driving privileges, have a valid Oregon CDL or CLP, or
be an Oregon licensed driver employed by or seeking employment with a carrier
to operate a CMV only in Oregon intrastate commerce;
(b) Have driving privileges that are not
suspended, revoked, cancelled or withdrawn in Oregon or any other
jurisdiction;
(c) Have a Waiver of
Physical Disqualification that is not currently denied or revoked as specified
in OAR 735-063-0350(1)
or 735-063-0350
(4);
(d) Apply for the Waiver of Physical
Disqualification as explained in section (4) of this rule; and
(e) Receive a recommendation for waiver
approval from the Medical Determination Officer.
(10) Any driver issued a waiver must comply
with the following conditions:
(a) Notify DMV
within 10 days of any change in the driver's physical condition or any other
condition pertaining to the need for the waiver, modification of the waiver or
revocation of the waiver;
(b)
Notify DMV of any crash, arrest or conviction involving the use of a motor
vehicle within 30 days of the crash or within 10 days of the arrest or
conviction;
(c) Notify DMV within
10 days of any suspension, cancellation, revocation or withdrawal of driving
privileges in a jurisdiction other than Oregon;
(d) Carry a copy of the medical waiver and
any listed waiver conditions at all times while operating a CMV and make the
waiver and waiver conditions available to enforcement personnel upon
request;
(e) Operate a CMV only in
Oregon intrastate commerce. This subsection does not apply to a driver who is
exempt from the physical qualification requirements in
49 CFR
391.41 and
391.43
under
49 CFR
390.3(f),
391.2,
391.68
or
398.3,
but must have an approved medical certificate under ORS 807.100; and
(f) Comply with all waiver conditions related
to the disqualifying condition as noted on the Waiver of Physical
Disqualification.
(11)
The waiver is valid for a period not to exceed the expiration date of the
driver's medical certificate.
(12)
Incomplete waiver applications are invalid 180 days after receipt by DMV and
DMV will take no action to deny or approve the application. After this period,
the person must reapply for a waiver in accordance with all of the requirements
of this rule.
(13) DMV will renew a
Waiver of Physical Disqualification issued for a sleep disorder or cardiac
condition if the waiver was in effect on August 10, 2009, and all other
requirements set forth in section (9) of this rule are met.
Statutory/Other Authority: ORS
184.619 &
802.010
Statutes/Other Implemented: ORS
807.040 &
807.150
