Federal Motor Carrier Safety Administration revises terms and conditions for exemptions allowing persons with insulin-treated mellitus diabetes to operate commercial vehicles
The Federal Motor Carrier Safety Administration (FMCSA) has issued a notice of revised final disposition revising the terms and conditions for when FMCSA may issue exemptions allowing persons with insulin-treated mellitus diabetes (ITMD) to operate commercial motor vehicles (CMVs) in interstate commerce. Persons with ITMD are not qualified under FMCSA regulations to operate CMVs in interstate commerce. Before the passage of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) persons with ITMD could apply for an exemption. However, one of the criteria for receiving the exemption was a record of three years of safe driving while operating a CMV, which was impossible for drivers to attain. SAFETEA-LU changed the exemption requirements to (1) eliminate the requirement of three years of operating a CMV while being treated with insulin and (2) established a specified minimum period of insulin use to demonstrate stable control of diabetes before being allowed to operate a CMV. The notice of revised final disposition describes these new requirements in more detail. More specifically, it states that for individuals who have been newly diagnosed with Type 1 diabetes, the minimum period of insulin use may not exceed two months, unless directed by the treating physician. For individuals who have Type 2 diabetes and are converting to insulin use, the minimum period of insulin use may not exceed one month, unless directed by the treating physician. The notice was effective November 8, 2005.
FMCSA subsequently has announced that it is considering amending the medical qualification standards to allow the operation of CMVs in interstate commerce by drivers with ITMD. In the advanced notice of proposed rulemaking, FMCSA is asking for comments regarding changing the qualifications for operating a CMV for those with ITMD and eliminating the need for such individuals to apply for an exemption. In its notice FMCSA asks for comments to 13 questions regarding this issue. Comments are due by June 15, 2006.
70 Fed. Reg. 67,777
[FMCSA Final Regulation]
71 Fed. Reg. 13801
[FMCSA Proposed Regulation]