§391.49 Alternative physical qualification standards for the loss or impairment of limbs.
(a) A person who is not
physically qualified to drive under §391.41(b)(1)
or (b)(2)
and who is otherwise qualified to drive a commercial motor vehicle, may drive a
commercial motor vehicle, if the Division Administrator, FMCSA, has granted a
Skill Performance Evaluation (SPE) Certificate to that person.
(b) SPE certificate.—(1) Application. A letter of application for
an SPE certificate may be submitted jointly by the person (driver applicant)
who seeks an SPE certificate and by the motor carrier that will employ the
driver applicant, if the application is accepted.
(b)(2) Application address. The
application must be addressed to the applicable field service center, FMCSA,
for the State in which the co-applicant motor carrier's principal place of
business is located. The address of each, and the States serviced, are listed
in §390.27 of this
chapter.
(b)(3) Exception. A letter of
application for an SPE certificate may be submitted unilaterally by a driver
applicant. The application must be addressed to the field service center,
FMCSA, for the State in which the driver has legal residence. The driver
applicant must comply with all the requirements of paragraph (c) of this section
except those in (c)(1)(i) and (iii).
The driver applicant shall respond to the requirements of paragraphs (c)(2)(i) to (v) of
this section, if the information is known.
(c) A letter of application for an SPE
certificate shall contain:
(c)(1) Identification of the applicant(s):
(c)(1)(i) Name and complete address of
the motor carrier coapplicant;
(c)(1)(ii) Name and complete address of
the driver applicant;
(c)(1)(iii) The U.S. DOT Motor Carrier
Identification Number, if known; and
(c)(1)(iv) A
description of the driver applicant's limb impairment for which SPE certificate
is requested.
(c)(2) Description of the type of operation
the driver will be employed to perform:
(c)(2)(i) State(s) in which the driver
will operate for the motor carrier coapplicant (if
more than 10 States, designate general geographic area only);
(c)(2)(ii) Average period of time the
driver will be driving and/or on duty, per day;
(c)(2)(iii) Type of commodities or
cargo to be transported;
(c)(2)(iv) Type
of driver operation (i.e., sleeper team, relay, owner operator, etc.);
and
(c)(2)(v) Number of years experience
operating the type of commercial motor vehicle(s) requested in the letter of
application and total years of experience operating all types of commercial
motor vehicles.
(c)(3) Description of the commercial motor
vehicle(s) the driver applicant intends to drive:
(c)(3)(i) Truck, truck tractor, or bus
make, model, and year (if known);
(c)(3)(ii)(A) Transmission type
(automatic or manual—if manual, designate number of forward speeds);
(c)(3)(ii)(B) Auxiliary transmission
(if any) and number of forward speeds; and
(c)(3)(ii)(C) Rear axle (designate
single speed, 2 speed, or 3 speed).
(c)(3)(iii) Type of brake system;
(c)(3)(iv) Steering,
manual or power assisted;
(c)(3)(v) Description of type of
trailer(s) (i.e., van, flatbed, cargo tank, drop frame, lowboy, or pole);
(c)(3)(vi) Number
of semitrailers or full trailers to be towed at one time;
(c)(3)(vii) For commercial motor
vehicles designed to transport passengers, indicate the seating capacity of
commercial motor vehicle; and
(c)(3)(viii) Description of any
modification(s) made to the commercial motor vehicle for the driver applicant;
attach photograph(s) where applicable.
(c)(4)(i) The coapplicant
motor carrier must certify that the driver applicant is otherwise qualified
under the regulations of this part;
(c)(4)(ii) In the case of a unilateral
application, the driver applicant must certify that he/she is otherwise qualified
under the regulations of this part.
(c)(5) Signature of applicant(s):
(c)(5)(i) Driver applicant's signature
and date signed;
(c)(5)(ii) Motor carrier official's
signature (if application has a coapplicant), title,
and date signed. Depending upon the motor carrier's organizational structure
(corporation, partnership, or proprietorship), the signer of the application
shall be an officer, partner, or the proprietor.
(d) The letter of application for an SPE
certificate shall be accompanied by:
(d)(1) A copy of the results of the medical
examination performed pursuant to §391.43;
(d)(2) A copy of the medical certificate
completed pursuant to §391.43(h);
(d)(3) A medical evaluation summary
completed by either a board qualified or board certified physiatrist (doctor of
physical medicine) or orthopedic surgeon. The coapplicant
motor carrier or the driver applicant shall provide the physiatrist or
orthopedic surgeon with a description of the job-related tasks the driver
applicant will be required to perform;
(d)(3)(i) The medical evaluation summary
for a driver applicant disqualified under §391.41(b)(1) shall include:
(d)(3)(i)(A)
An assessment of the functional capabilities of the driver as they relate to
the ability of the driver to perform normal tasks associated with operating a
commercial motor vehicle; and
(d)(3)(i)(B)
A statement by the examiner that the applicant is capable of demonstrating
precision prehension (e.g., manipulating knobs
and switches) and power grasp prehension (e.g.,
holding and maneuvering the steering wheel) with each upper limb separately.
This requirement does not apply to an individual who was granted a waiver,
absent a prosthetic device, prior to the publication of this amendment.
(d)(3)(ii) The medical evaluation
summary for a driver applicant disqualified under §391.41(b)(2) shall include:
(d)(3)(ii)(A) An explanation as to
how and why the impairment interferes with the ability of the applicant to
perform normal tasks associated with operating a commercial motor vehicle;
(d)(3)(ii)(B) An assessment and
medical opinion of whether the condition will likely remain medically stable
over the lifetime of the driver applicant; and
(d)(3)(ii)(C) A statement by the
examiner that the applicant is capable of demonstrating precision prehension (e.g., manipulating knobs and switches)
and power grasp prehension (e.g., holding and
maneuvering the steering wheel) with each upper limb separately. This
requirement does not apply to an individual who was granted an SPE certificate,
absent an orthotic device, prior to the publication
of this amendment.
(d)(4) A description of the driver
applicant's prosthetic or orthotic device worn, if
any;
(d)(5)(i) A copy of the driver
applicant's road test administered by the motor carrier coapplicant
and the certificate issued pursuant to §391.31(b) through (g); or
(d)(5)(ii) A unilateral applicant shall be
responsible for having a road test administered by a motor carrier or a person
who is competent to administer the test and evaluate its results.
(d)(6) Application for employment:
(d)(6)(i) A copy of the driver
applicant's application for employment completed pursuant to §391.21; or
(d)(6)(ii) A unilateral applicant shall
be responsible for submitting a copy of the last commercial driving position's
employment application he/she held. If not previously
employed as a commercial driver, so state.
(d)(7) A copy of the driver applicant's SPE
certificate of certain physical defects issued by the individual State(s),
where applicable; and
(d)(8) A copy of the driver applicant's
State Motor Vehicle Driving Record for the past 3 years from each State in
which a motor vehicle driver's license or permit has been obtained.
(e) Agreement. A motor carrier that
employs a driver with an SPE certificate agrees to:
(e)(1) File promptly (within 30 days of the
involved incident) with the Medical Program Specialist, FMCSA service center,
such documents and information as may be required about driving activities,
accidents, arrests, license suspensions, revocations, or withdrawals, and
convictions which involve the driver applicant. This applies whether the
driver's SPE certificate is a unilateral one or has a coapplicant
motor carrier;
(e)(1)(i) A motor carrier who is a coapplicant must file the required documents with the
Medical Program Specialist, FMCSA for the State in which the carrier's
principal place of business is located; or
(e)(1)(ii) A motor carrier who employs a
driver who has been issued a unilateral SPE certificate must file the required
documents with the Medical Program Specialist, FMCSA service center, for the
State in which the driver has legal residence.
(e)(2) Evaluate the driver with a road test
using the trailer the motor carrier intends the driver to transport or, in lieu
of, accept a certificate of a trailer road test from another motor carrier if
the trailer type(s) is similar, or accept the trailer road test done during the
Skill Performance Evaluation if it is a similar trailer type(s) to that of the
prospective motor carrier. Job tasks, as stated in paragraph (e)(3) of this section, are not evaluated in the Skill
Performance Evaluation;
(e)(3) Evaluate the driver for those nondriving safety related job tasks associated with
whatever type of trailer(s) will be used and any other nondriving
safety related or job related tasks unique to the operations of the employing
motor carrier; and
(e)(4) Use the driver to operate the type of
commercial motor vehicle defined in the SPE certificate only when the driver is
in compliance with the conditions and limitations of the SPE certificate.
(f) The driver shall supply each employing
motor carrier with a copy of the SPE certificate.
(g) The State Director, FMCSA, may require the
driver applicant to demonstrate his or her ability to safely operate the
commercial motor vehicle(s) the driver intends to drive to an agent of the
State Director, FMCSA. The SPE certificate form will identify the power unit
(bus, truck, truck tractor) for which the SPE certificate has been granted. The
SPE certificate forms will also identify the trailer type used in the Skill
Performance Evaluation; however, the SPE certificate is not limited to that
specific trailer type. A driver may use the SPE certificate with other trailer
types if a successful trailer road test is completed in accordance with
paragraph (e)(2) of this section. Job tasks, as stated in paragraph (e)(3) of this section, are not evaluated during the Skill
Performance Evaluation.
(h) The State Director, FMCSA, may deny the
application for SPE certificate or may grant it totally or in part and issue
the SPE certificate subject to such terms, conditions, and limitations as
deemed consistent with the public interest. The SPE certificate is valid for a
period not to exceed 2 years from date of issue, and may be renewed 30 days
prior to the expiration date.
(i) The SPE certificate renewal application
shall be submitted to the Medical Program Specialist, FMCSA service center, for
the State in which the driver has legal residence, if the SPE certificate was
issued unilaterally. If the SPE certificate has a coapplicant,
then the renewal application is submitted to the Medical Program Specialist,
FMCSA field service center, for the State in which the coapplicant
motor carrier's principal place of business is located. The SPE certificate
renewal application shall contain the following:
(i)(1) Name and
complete address of motor carrier currently employing the applicant;
(i)(2) Name and
complete address of the driver;
(i)(3) Effective
date of the current SPE certificate;
(i)(4) Expiration
date of the current SPE certificate;
(i)(5) Total miles
driven under the current SPE certificate;
(i)(6) Number of
accidents incurred while driving under the current SPE certificate, including
date of the accident(s), number of fatalities, number of injuries, and the
estimated dollar amount of property damage;
(i)(7) A current
medical examination report;
(i)(8) A medical
evaluation summary pursuant to paragraph (d)(3) of this section, if an unstable medical condition
exists. All handicapped conditions classified under §391.41(b)(1) are considered unstable. Refer to paragraph (d)(3)(ii) of this section for the condition under §391.41(b)(2)
which may be considered medically stable.
(i)(9) A copy of
driver's current State motor vehicle driving record for the period of time the
current SPE certificate has been in effect;
(i)(10)
Notification of any change in the type of tractor the driver will operate;
(i)(11) Driver's
signature and date signed; and
(i)(12) Motor
carrier coapplicant's signature and date signed.
(j)(1) Upon granting an SPE certificate, the
State Director, FMCSA, will notify the driver applicant and co-applicant motor
carrier (if applicable) by letter. The terms, conditions, and limitations of
the SPE certificate will be set forth. A motor carrier shall maintain a copy of
the SPE certificate in its driver qualification file. A copy of the SPE
certificate shall be retained in the motor carrier's file for a period of 3
years after the driver's employment is terminated. The driver applicant shall
have the SPE certificate (or a legible copy) in his/her possession whenever on
duty.
(j)(2) Upon successful completion of the
skill performance evaluation, the State Director, FMCSA, for the State where
the driver applicant has legal residence, must notify the driver by letter and
enclose an SPE certificate substantially in the following form:
Skill Performance Evaluation Certificate
Name of Issuing Agency:
Agency Address:
Telephone Number: ( )
Issued Under 49 CFR 391.49, subchapter B of the
Federal Motor Carrier Safety Regulations
Driver's Name:
Effective Date:
SSN:
DOB:
Expiration Date:
Address:
Driver Disability:
Check One: __________New __________Renewal
Driver's License:
(State) (Number)
In accordance with 49 CFR 391.49,
subchapter B of the Federal Motor Carrier Safety Regulations (FMCSRs), the
driver application for a skill performance evaluation (SPE) certificate is
hereby granted authorizing the above-named driver to operate in interstate or
foreign commerce under the provisions set forth below. This certificate is
granted for the period shown above, not to exceed 2 years, subject to periodic
review as may be found necessary. This certificate may be renewed upon
submission of a renewal application. Continuation of this certificate is
dependent upon strict adherence by the above-named driver to the provisions set
forth below and compliance with the FMCSRs. Any failure to comply with provisions
herein may be cause for cancellation.
CONDITIONS: As a condition of this certificate, reports of all
accidents, arrests, suspensions, revocations, withdrawals of driver licenses or
permits, and convictions involving the above-named driver shall be reported in
writing to the Issuing Agency by the EMPLOYING MOTOR CARRIER within 30 days
after occurrence.
LIMITATIONS:
1. Vehicle Type (power unit):*
2. Vehicle modification(s):
3. Prosthetic or Orthotic device(s) (Required to be Worn While Driving):
4. Additional Provision(s):
NOTICE: To all MOTOR CARRIERS employing a driver with an SPE
certificate. This certificate is granted for the operation of the power unit
only. It is the responsibility of the employing motor carrier to evaluate the
driver with a road test using the trailer type(s) the motor carrier intends the
driver to transport, or in lieu of, accept the trailer road test done during
the SPE if it is a similar trailer type(s) to that of the prospective motor carrier.
Also, it is the responsibility of the employing motor carrier to evaluate the
driver for those non-driving safety-related job tasks associated with the type
of trailer(s) utilized, as well as, any other non-driving safety-related or
job-related tasks unique to the operations of the employing motor carrier.
The SPE of the above named driver was given by a Skill Performance
Evaluation Program Specialist. It was successfully completed utilizing the
above named power unit and ________(trailer, if
applicable)
The tractor or truck had a ________ transmission.
Please read the NOTICE paragraph above.
Name:
Signature:
Title:
Date:
(k) The State Director, FMCSA, may revoke an
SPE certificate after the person to whom it was issued is given notice of the
proposed revocation and has been allowed a reasonable opportunity to appeal.
(l) Falsifying information in the letter of
application, the renewal application, or falsifying information required by
this section by either the applicant or motor carrier is prohibited.
[48 FR 38487, Aug. 24, 1983, as amended at 49 FR 38293, Sept. 28, 1984; 50
FR 49851, Dec. 5, 1985; 51 FR 12621, Apr. 14, 1986; 60 FR 38745, 38746, July
28, 1995, 65 FR 25285, May 1, 2000, 65 FR 59369, Oct 5, 2000].