Question 1: Are insulin dependent diabetics qualified to operate a commercial motor vehicle?

Guidance: Applications for diabetes waivers will be accepted beginning September 22, 2003.
FMCSA is allowing an application process for exemptions from the regulations of 49 CFR 391.41(b)(3) to qualified insulin-treated diabetes mellitus drivers. The FMCSA will issue exemptions for not more than a period of two years.

(1) Possesses a valid intrastate CDL or a license (non-CDL) to operate a CMV;
(2) Has operated a CMV, with a diabetic condition controlled by the use of insulin, for the three-year period immediately preceding application;

The procedures for applying for a Federal exemption may be found at 49 CFR 381.300 through 381.330.

Applications for Intrastate waivers are obtained through the Michigan State Police, Motor Carrier Division, waiver board. 517-336-6416.

Guidance: No. The Federal Motor Carrier Safety Regulations apply to and place responsibilities on motor carriers and their drivers. The Federal Motor Carrier Safety Administration does not regulate driver leasing companies or temporary help service companies.

Guidance: Yes

Guidance: The employer may accept a CDL in lieu of a road test if the driver is required to successfully complete a road test to obtain a CDL in the state of issuance. However, if the employer intends to assign the driver to a vehicle requiring the doubles/triples or tank vehicle endorsement, the employer must administer the road test required under Part 391 of the Federal Motor Carrier Safety Regulations (FMCSR). Additionally, the road test requirement must be met if the vehicles operated by the motor carrier are not of a type or size requiring a CDL but meet the definition of a commercial motor vehicle contained in 390.5 of the FMCSR.

Guidance: Medical certification is the responsibility of the medical examiner. The motor carrier has the responsibility to ensure that the medical examiner is informed of the minimum medical requirements and the characteristics of the work to be performed. The motor carrier is also responsible for ensuring that only medically qualified drivers are operating CMV's in interstate commerce.

Guidance: Methadone is a habit-forming narcotic that can produce drug dependence and is not an allowable drug for operators of commercial motor vehicles.

Guidance: No. Under Federal Motor Carrier Safety Regulations, the only conditions a medical examiner may impose upon a driver who is otherwise qualified involve the use of corrective lenses, hearing aids or securement of a waiver. A medical examiner who believes a driver has a condition not specified in 391.41 that would affect his ability to operate a CMV safely should refuse to sign the examiner's certificate.

Guidance: No. Although the Federal Highway Administration's 1987 "Conference on Cardiac Disorders and Commercial Drivers" recommended that drivers who are taking anticoagulants not be allowed to drive, the agency has not adopted a rule to that effect. The medical examiner and treating specialist may, but are not required to, accept the Conference recommendations. Therefore, the use of coumadin is not an automatic disqualification but a factor to be considered in determining the driver's physical qualification status.

Guidance: The medical examiner must complete the physical examination first without collecting the Part 382 controlled substances urine specimen. If the driver applicant meets the requirements of Part 391, Subpart E [especially  391.41(b)] and the medical examiner chooses to certify the applicant as qualified to operate commercial motor vehicles in interstate commerce, the medical examiner may prepare the medical examiner's certificate.

After the medical examiner has completed the medical examiner's certificate and provided a copy to the driver applicant and to the motor carrier who will use the potential driver's services, the medical examiner may collect the urine specimen for the 49 CFR Part 382 pre-employment controlled substances test. The motor carrier is held fully responsible for ensuring the driver applicant is not used to operate commercial motor vehicles until the carrier receives a verified negative controlled substances test result from the medical review officer.

A Department of Transportation preemployment controlled substances test is not a medical examination test.

Guidance: Yes. However, a motor carrier, subject to drug and alcohol testing requirements, who chooses to accept an applicants current certificate, must still ensure that the driver applicant meets the requirements for pre-employment drug testing.

Guidance: The Federal Motor Carrier Safety Regulations do not require an examination in this case unless the injury or illness has impaired the driver's ability to perform his/her normal duties. However, the motor carrier has the obligation to determine if an injury or illness renders the driver medically unqualified and may require a driver returning from any illness or injury to take a physical examination.

Guidance: No. A person who drives for only one motor carrier (even if it is only one day per month) would not meet the definition of an intermittent, casual or occasional driver in 390.5 of the Federal Motor Carrier Safety Regulations. The motor carrier, therefore, must fully qualify the driver and maintain a qualification file on the employee as a regularly employed driver.

Guidance: Yes.

Guidance: Yes. An owner who also drives must meet meet the requirements of a motor carrier and a driver.

Guidance: Yes. The driver would be disqualified from interstate operations until his privileges are restored by the authority that suspended or revoked them, provided the suspension resulted from a driving violation.

Guidance: Yes.