Commercial Driver Physical Fitness as Part of the Commercial Driver's License Process; Proposed Rule |
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Rodney E. Slater
Federal Highway Administration
15 July 1994
[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17175]
[[Page Unknown]]
[Federal Register: July 15, 1994]
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Part VI
Department of Transportation
_______________________________________________________________________
Federal Highway Administration
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49 CFR Part 383
Commercial Driver Physical Fitness as
Part of the Commercial Driver's License Process; Proposed Rule
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Part 383
[FHWA Docket No. MC-93-23]
RIN 2125-AD20
Commercial Driver Physical Fitness as Part of the Commercial
Driver's License Process
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Advance notice of proposed rulemaking (ANPRM); request for
comments.
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SUMMARY: The FHWA is requesting comments on whether to include the
certification of fitness to operate a commercial motor vehicle (CMV) in
the commercial driver's license (CDL) process. Incorporating the
commercial driver fitness determination into State-administered CDL
procedures may allow elimination of the requirement that CMV drivers
carry a separate medical certificate. The two systems were initially
developed separately with one being a motor carrier-based medical
qualification program and the other a State licensing program. However,
the FHWA believes that logically the two systems should be merged in
order for the States to make the medical fitness determination at the
time the license is being issued. Thus, the CDL would be evidence that
the CMV driver is physically fit as well as operationally qualified to
operate CMVs safely. This notice also requests comments concerning
whether such a process could be implemented nationwide.
DATES: Comments must be received on or before November 14, 1994.
ADDRESSES: Submit written, signed comments to FHWA Docket No. MC-93-23,
Room 4232, HCC-10, Office of Chief Counsel, Federal Highway
Administration, 400 Seventh Street, SW., Washington, DC 20590. All
comments received will be available for examination at the above
address from 8:30 a.m. to 3:30 p.m. e.t., Monday through Friday, except
legal Federal holidays. Those desiring notification of receipt of
comments must include a self-addressed, stamped postcard/envelope.
FOR FURTHER INFORMATION CONTACT: Ms. Teresa Doggett, Office of Motor
Carrier Standards, (202) 366-4001, or Mrs. Allison Smith, Office of
Chief Counsel, (202) 366-0834, Federal Highway Administration, 400
Seventh Street, SW., Washington, D.C. 20590. Office hours are from 7:45
a.m. to 4:15 p.m. e.t., Monday through Friday, except legal Federal
holidays.
SUPPLEMENTARY INFORMATION:
Background
The Secretary of Transportation has the authority to establish
standards for physical fitness that must be met by drivers in
interstate commerce. 49 U.S.C. 3102 and 49 U.S.C. app. 2505. This
authority is delegated to the Federal Highway Administrator. 49 CFR
1.48. The Federal Motor Carrier Safety Regulations (FMCSRs) set forth,
in 49 CFR 391.11, the fitness standards that drivers must meet to be
qualified to drive a CMV in interstate commerce. The Commercial Motor
Vehicle Safety Act of 1986 (CMVSA) provides, in section 12005(a)(8)(49
U.S.C. app. 2704(a)(8)), that Federal standards may be promulgated to
require issuance of a certification of fitness to operate a CMV to each
person who passes a CDL test and may require such person to have a copy
of such certification in his or her possession whenever operating a
commercial motor vehicle.
Currently, 49 CFR 391.45 requires that commercial drivers be
medically examined and certified as physically qualified once every two
years in order to operate in interstate commerce. If the driver meets
the physical qualification standards set forth in 49 CFR 391.41, the
medical examiner then issues a medical certificate which indicates
physical fitness to drive (49 CFR 391.43). Drivers must carry this
certificate while driving (49 CFR 391.41(a)) and employers must
maintain a copy in the drivers' qualification file (49 CFR
391.51(b)(1)). Enforcement is primarily through roadside inspections of
vehicles and drivers or through Federal or State safety compliance
reviews of the motor carriers.
In addition, 49 CFR 383.71(a) requires that during the CDL
application process a person who operates or expects to operate in
interstate or foreign commerce, or is otherwise subject to 49 CFR 391,
shall certify that he/she meets the qualification requirements
contained in Part 391 of that title. In practice, some States rely
solely on the driver certification while others also require drivers
who certify that they meet the qualification requirements of Part 391
to produce the required medical certificate in order to be issued a
CDL. Before issuing the CDL, a few States also review the medical
``long form'' that the medical examiner completes to assure that the
standards are met. It is possible, now that all licensing agencies are
linked electronically, that medical status information could, as part
of the driver record, be shared and checked among States in the CDL
process.
Driver Medical Qualifications as Part of CDL
There are several benefits to merging the motor carrier-based
medical qualification program with the State licensing program. First,
the driver will no longer be required to carry a medical certificate
since the possession of a CDL will be evidence of a driver's fitness to
operate a CMV. Secondly, the motor carrier will have no need to
maintain driver medical qualification files.
There are specific benefits for State licensing agencies when the
two systems are merged together. The FHWA believes that a single,
State-run system would be better able to identify unqualified drivers
operating without medical cards or with forged cards. The current
Federal medical qualification program does not provide an opportunity
for a routine independent review by a medical professional of each
medical examiner's certification that a driver is qualified under the
FMCSRs. Currently, only a driver's employer is required to ensure that
the driver holds a valid medical card. To the extent that the State-run
medical qualification programs would review doctors' determinations of
physical fitness or more effectively ensure that every driver does
carry a valid medical card, these systems are better suited to prevent
unqualified drivers from operating commercial motor vehicles. Forty-
seven States already review the medical fitness of their intrastate
drivers through medical advisory boards or other medical review
processes. Medical advisory boards advise State licensing agencies on
the medical standards for drivers and they review individual cases, as
part of the evaluation of drivers who have been identified as having a
medical condition that may impair safe driving. The FHWA believes that
these States would be able to integrate interstate commercial drivers
into their existing medical review programs with little difficulty.
Recognizing the advantages of linking the demonstration of physical
fitness with licensing through 49 U.S.C. app. 2704(a)(8), the FHWA has
contracted with the Association for the Advancement of Automotive
Medicine (AAAM) and American Association of Motor Vehicle
Administrators (AAMVA) to explore the options for turning the medical
qualification responsibility over to the States. The goal of this
research contract is to explore processes States could use to develop
and pilot test programs that merge the medical qualification into the
CDL process. The contractor was requested to:
(1) Look at existing State medical review programs to determine
what infrastructure already exists;
(2) Work with a committee of States to develop standards for State
medical review programs and prototype programs to be tested in a pilot
program; and
(3) Work with the States and the FHWA to oversee and assess the
pilots.
Members of the committee of States for this effort are: Arizona,
California, Connecticut, Florida, Indiana, Maryland, Michigan, New
York, North Carolina, South Dakota, Texas, Utah, and Wyoming. Four of
these States--Arizona, Indiana, North Carolina, and Utah--have
developed prototype medical review programs and are now conducting
pilot tests. Two States, Alabama and Missouri, not members of the
original committee of States, also have pilot tests in place.
Under these pilot tests, the State licensing officials require
drivers to show proof that they meet the FHWA medical standards in
order to receive a new CDL or to renew an existing CDL. While each
pilot test is somewhat different, all include the requirement that each
driver submit a medical form signed by a medical examiner that shows
specifically that the driver meets each of the medical standards
included in 49 CFR 391.41.
Each of these pilot tests will run for a year. When all are
completed the contractor will compile the data and evaluate each of the
pilot tests to determine the feasibility of State implementation. The
FHWA expects to learn from these pilot tests what types of
administrative methods and procedures would work best to enable State
licensing entities to incorporate driver medical fitness determinations
into the CDL process. The pilot test results will also provide needed
information about the size and nature of the problem of licensing
drivers who may not meet the existing standards.
Other FHWA Activities Related to Driver Medical Fitness
The FHWA has several other ongoing activities that address the many
issues related to determining driver fitness, which are summarized
below.
Interstate Medical Waiver Program
Drivers who do not meet the current vision standards but who do
meet specific preconditions and agree to comply with certain reporting
requirements are participating in a waiver program which allows them to
operate in interstate commerce for at least the duration of the
program. 57 FR 31458, July 16, 1992. A similar waiver program for
insulin-using diabetic drivers was initiated on July 29, 1993 (58 FR
40690). Waiver programs for hearing deficient drivers and those who
have a history of epilepsy are also under consideration. Under these
waiver programs, which will each last for approximately three years,
studies would be undertaken to compare the experience of the group of
commercial drivers who do not meet current medical standards with that
of a control group of CMV operators who meet the Federal medical
qualification standards. The studies will explore the potential
causative relationship between driving with specific disabilities and
accident and traffic violation experience.
The FHWA plans to use the data collected from these waiver programs
to assist it in making decisions about how or whether existing
regulations should be amended to accommodate more individualized driver
qualification determinations and to incorporate them into the CDL
process.
Motor Carrier Safety Assistance Program (MCSAP) Policy
In another initiative, the FHWA issued an interim final rule, Motor
Carrier Safety Assistance Program; Extension of Compliance Date,
postponing the deadline in Appendix C to Part 350 regarding compatible
physical qualifications (49 CFR 391.41) for CMV drivers in intrastate
commerce. 58 FR 40599, July 29, 1993. Under this rule, the States will
be able to continue to exempt intrastate drivers from the physical
qualification requirements for an additional three years. Additionally,
the FHWA is encouraging States to consider developing physical
qualification waiver programs that are compatible with the FHWA's
program. In the future, intrastate waivers may also be incorporated
into the CDL process.
Update of Forms and Materials
The FHWA is also developing guideline materials for medical
examiners who certify the medical fitness of commercial drivers. These
materials will include updated physical examination and certification
forms, and accompanying materials to provide technical and educational
assistance to the certifying health care professional. Such materials
may be used as part of the programs which State licensing entities
would administer in the future within the CDL process.
International Medical Fitness
Canada and Mexico currently certify the medical fitness of
commercial drivers in conjunction with the driver's licensing process.
The Canadian Provinces utilize the minimum medical qualifications set
forth in the Canadian ``National Safety Code for Motor Carriers'' to
assure that each driver is fit. Mexican drivers are medically examined
before issuance of a Licencia Federal de Conductor and every two years
thereafter in order to maintain this license.
Questions for Comment
In this rulemaking, the FHWA is considering requiring the State
licensing entities to verify that CMV drivers who are subject to the
physical qualification standards set forth in 49 CFR 391.41 meet those
standards in order to receive and retain a CDL. State implementation of
this requirement would then be necessary for a State to avoid the loss
of a percentage of highway funds for noncompliance.
The FHWA is soliciting comments that, together with the information
gained from the pilot projects, will assist the FHWA in developing a
proposal that could form the basis of a notice of proposed rulemaking.
For this purpose, information in the following areas is requested.
1. Could State licensing programs be used to provide an effective
means to verify compliance with the physical qualification standards
set forth in 49 CFR 391.41? If so, how should this be accomplished?
Given the fact that physical fitness is an appropriate licensing issue
pertaining to CDL applicants, should States be required to examine or
verify physical qualifications at the time of licensing? Should that
verification involve more than inspection of a medical certificate?
Should States be required to track a driver's physical qualification
status as part of the licensing record?
2. Do State licensing authorities currently possess sufficient
authority and resources to determine medical qualifications if that
function is required as an element of CDL procedures? If the FHWA
determines, as a result of the waiver programs now in progress, that
certain persons with disabilities may be allowed to drive in interstate
commerce, are the States able to make the required individual driver
qualification determinations for CDL applicants in interstate as well
as intrastate commerce?
3. What are the most efficient ways to deal with the differences
between the two-year medical certification and the CDL renewal terms?
What is the most appropriate interval for medical recertification?
Should there be shorter intervals for certain drivers, such as older
drivers or ones with physical disabilities or medical conditions that
may be progressive? What data is available to support your position or
to otherwise assist in determining the appropriate medical
recertification interval? Are there obstacles to making the licensing
and medical certification intervals the same?
4. Should medical examiners be required to be qualified and
certified to perform driver examinations? What is the most efficient
means to qualify and certify medical examiners? What are the cost
considerations? Should there be a national network of medical
examiners?
5. If the CDL cannot serve the function of the current medical
certificate, should drivers continue to carry a separate document to
show physical fitness? Would an adaptation of the Mexican or Canadian
systems work, in which the medical certificate is part of the license
but must be revalidated periodically?
6. How much variation among State programs is reasonable? For
example, should all States be required to use one approved medical
form?
7. Should all States be required to participate in a medical
examination or verification program for CDL applicants? If so, when
should such participation be required?
8. What should be the role of those who employ or use motor
carriers in such a system?
9. What State and industry efficiencies are envisioned with such a
medical examination or verification program; for example, reduced
paperwork (driver qualification file) for carriers or reduced time
being spent by State offices to check medical cards?
10. How should drivers who are required to meet the physical
qualifications standards but who do not need CDLs be handled? Should
State licensing authorities be responsible for assuring that these
drivers meet the appropriate standards?
Commenters are not limited to responding to the above questions.
Commenters may submit any facts or views consistent with the intent of
this notice.
Rulemaking Analyses and Notices
All comments received before the close of business on the comment
closing date indicated above will be considered and will be available
for examination in the docket at the above address. Comments received
after the comment closing date will be filed in the docket and will be
considered to the extent practicable. In addition to late comments, the
FHWA will also continue to file relevant information in the docket as
it becomes available after the comment closing date, and interested
persons should continue to examine the docket for new material. We are
considering conducting this rulemaking using the regulatory negotiation
process.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The action being considered by the FHWA in this document would
incorporate the commercial driver physical fitness determination into
the State-administered CDL licensing process. The FHWA has determined
that the proposed action, if implemented, would be a ``significant
regulatory action'' under Executive Order 12866 and a significant
regulation under the regulatory policies and procedures of the
Department of Transportation because of the substantial public interest
anticipated in this action. The potential economic impact of this
proposed rulemaking is not known at this stage. Therefore, a full
regulatory evaluation has not yet been prepared.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the agency will evaluate the effects of this proposal on small
entities. Following the agency's evaluation, the FHWA will certify
whether this proposed action will have a significant economic impact on
a substantial number of small entities.
Executive Order 12612 (Federalism Assessment)
This action will be analyzed in accordance with the principles and
criteria contained in Executive Order 12612 to determine whether it has
sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.217, Motor
Carrier Safety. The regulations implementing Executive Order 12372
regarding intergovernmental consultation on Federal programs and
activities apply to this program.
Paperwork Reduction Act
This rule does not contain a collection of information requirement
for purposes of the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et
seq. The information collection requirements relating to the medical
certification requirement and commercial driver's licensing process
have been approved by the Office of Management and Budget (OMB) under
OMB control numbers 2125-0080 and 2125-0542, respectively.
National Environmental Policy Act
The agency will analyze this action for the purpose of the National
Environmental Policy Act of 1969 to determine whether this action will
have any effect on the quality of the environment.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Part 383
Driver qualifications, Highways and roads, Highway safety, Motor
carriers, Motor vehicle safety.
(49 U.S.C. App. 2505; 49 CFR 1.48.)
Issued on: July 7, 1994.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 94-17175 Filed 7-14-94; 8:45 am]
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