Okla. Admin. Code § 260:135-5-144

Current through Vol. 42, No. 4, November 1, 2024

Section 260:135-5-144 - Waiver of certain physical conditions for Class A, B, or C commercial driver license applicants

(a)For interstate commerce. An applicant who is non-excepted, who does not meet the physical requirements of 47 C.F.R.,§ 391.41, and who desires to be considered for an interstate commercial driver license shall apply for a variance under the alternative physical qualification standards under 49 C.F.R., Section 391.49, by contacting the Federal Motor Carrier Safety Administration, Oklahoma Division Office, 300 N. Meridian, Suite 106 North, Oklahoma City, OK 73107, (405) 605-6047. The variance along with the medical examiner's certificate shall be delivered in person by the applicant to the Driver Examiner of Service Oklahoma prior to the skills examination being administered by Service Oklahoma to the applicant.

(b)For intrastate commerce.

(1)Applicability to certain applicants. This subsection applies to an applicant who does not meet the requirements of 49 C.F.R.,§ 391.41, who will be operating solely in intrastate commerce, and who:

(A) has been continuously operating as a commercial motor vehicle driver with the proper type of commercial driver license prior to and since June 12, 1989, or

(B) is excepted from meeting the medical requirements as prescribed in 49 CFR § 390.3(f).

(2)Applicability to certain physical conditions. This subsection shall apply to the following physical conditions:

(A) Metabolic diseases (see OAC 260:135-5-50)

(B) Cardiovascular diseases (see OAC 260:135-5-51)

(C) Musculoskeletal problems (see OAC 260:135-5-53)

(D) Neurological disorders (see OAC 260:135-5-54)

(3)Application process. Application for an intrastate waiver shall be made jointly by the applicant and the motor carrier employer of the applicant. Applications for this waiver are available through the Medical Desk, Department of Public Safety, P.O. Box 11415, Oklahoma City, OK 73136- 0415, (405) 425-2083.

(4)Determination by Service Oklahoma. Service Oklahoma, in conjunction with the Medical Desk of the Department of Public Safety, shall make the final determination as to whether the applicant may be further considered by Service Oklahoma for an intrastate Class A, B, or C commercial driver license.

(A) If the Medical Desk authorizes the applicant for further consideration, the Medical Desk shall issue an authority letter to the applicant, to include any recommendations to Service Oklahoma as to driving limitations deemed necessary for the condition of the applicant.

(B) If the Medical Desk does not authorize the applicant for further consideration, the Medical Desk shall issue a letter to the applicant stating that authority is being denied. The applicant may appeal the denial pursuant to OAC 595:10-5-18.

(5)Limitation of waiver. If a waiver is granted by the Medical Desk, the waiver is only effective in intrastate commerce, subject to the restrictions imposed pursuant to (c) of this Section.

(c)Restrictions. Service Oklahoma, in conjunction with the Department of Public Safety, may impose restrictions on any applicant under (b) of this section to whom the Department issues an intrastate waiver restricting the operation of a commercial motor vehicle to specified area, time of day, streets and highways, speed limits, and any other restriction deemed necessary by the Department for the safe operation of a commercial motor vehicle. An extended skills examination may be conducted to determine the appropriate restriction. The restrictions shall apply upon and be a condition of the applicant becoming licensed by Service Oklahoma to operate a motor vehicle.

Okla. Admin. Code § 260:135-5-144

Transferred from 595:11-1-16 by HB 3419 (2022), eff. 5/19/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023