[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR391.64]

[Page 1122-1123]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 391_QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) 
DRIVER INSTRUCTORS--Table of Contents
 
                      Subpart G_Limited Exemptions
 
Sec. 391.64  Grandfathering for certain drivers participating in vision 
and diabetes waiver study programs.

    (a) The provisions of Sec. 391.41(b)(3) do not apply to a driver 
who was a participant in good standing on March 31, 1996, in a waiver 
study program concerning the operation of commercial motor vehicles by 
insulin-controlled diabetic drivers; provided:
    (1) The driver is physically examined every year, including an 
examination by a board-certified/eligible endocrinologist attesting to 
the fact that the driver is:
    (i) Otherwise qualified under Sec. 391.41;
    (ii) Free of insulin reactions (an individual is free of insulin 
reactions if that individual does not have severe hypoglycemia or 
hypoglycemia unawareness, and has less than one documented, symptomatic 
hypoglycemic reaction per month);
    (iii) Able to and has demonstrated willingness to properly monitor 
and manage his/her diabetes; and
    (iv) Not likely to suffer any diminution in driving ability due to 
his/her diabetic condition.
    (2) The driver agrees to and complies with the following conditions:
    (i) A source of rapidly absorbable glucose shalll be carried at all 
times while driving;
    (ii) Blood glucose levels shall be self-monitored one hour prior to 
driving and at least once every four hours

[[Page 1123]]

while driving or on duty prior to driving using a portable glucose 
monitoring device equipped with a computerized memory;
    (iii) Submit blood glucose logs to the endocrinologist or medical 
examiner at the annual examination or when otherwise directed by an 
authorized agent of the FMCSA;
    (iv) Provide a copy of the endocrinologist's report to the medical 
examiner at the time of the annual medical examination; and
    (v) Provide a copy of the annual medical certification to the 
employer for retention in the driver's qualification file and retain a 
copy of the certification on his/her person while driving for 
presentation to a duly authorized Federal, State or local enforcement 
official.
    (b) The provisions of Sec. 391.41(b)(10) do not apply to a driver 
who was a participant in good standing on March 31, 1996, in a waiver 
study program concerning the operation of commercial motor vehicles by 
drivers with visual impairment in one eye; provided:
    (1) The driver is physically examined every year, including an 
examination by an ophthalmologist or optometrist attesting to the fact 
that the driver:
    (i) Is otherwise qualified under Sec. 391.41; and
    (ii) Continues to measure at least 20/40 (Snellen) in the better 
eye.
    (2) The driver provides a copy of the ophthalmologist or optometrist 
report to the medical examiner at the time of the annual medical 
examination.
    (3) The driver provides a copy of the annual medical certification 
to the employer for retention in the driver's qualification file and 
retains a copy of the certification on his/her person while driving for 
presentation to a duly authorized federal, state or local enforcement 
official.

[61 FR 13346, Mar. 26, 1996]