[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR391.64]



[Page 350-351]

 

                        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 351]]



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]