You may send a written statement to the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, Office of Bus & Truck Standards and Operations, 1200 New Jersey Avenue SE, Washington, DC 20590. 381.400

Last Updated : April 1, 2014

The tests are either the forced whisper test or audiometry. For the whispered voice test, the driver should be 5 feet from the examiner with the ear being tested turned toward the examiner. The other ear is covered. Using the breath which remains after a forced expiration, the examiner whispers words or random numbers such as 66,18.23. The examiner should not use only sibilants (s-sounding test materials). If the individual fails the whisper test, the audiometric test should be administered.

Last Updated : April 1, 2014

After the application is complete, The FMCSA will review the request and make a recommendation to the Administrator. The final decision whether to grant or deny the application for waiver is made by the Administrator.

Last Updated : April 1, 2014

A person is physically qualified to drive a CMV if that person: First perceives a forced whispered voice in the better ear at not less than five feet with or without the use of a hearing aid or if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500Hz, 1000HZ and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to the American National Standard Z24.5-1951.

Last Updated : April 1, 2014

You may request a waiver if one or more of the FMCSRs would prevent you from using or operating CMVs or make it unreasonably difficult to do so, during a unique, non-emergency event that will take no more that three months to complete. You may apply for an exemption if one or more FMCSRs prevents you from implementing more efficient or effective operations that would maintain a level of safety equivalent to or greater than the level achieved without the exemption.

Last Updated : April 1, 2014

All of the FMCSRs are listed numerically on the FMCSA's Web site at http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.asp?section_type=A.

Last Updated : April 1, 2014

A CMV driver may apply for an exemption from any of the standards. Exemptions are granted only in those instances where the driver can show that safety would not be diminished by granting the exemption.
49 CFR 381.300

Last Updated : April 1, 2014

The Medical Examiner cannot grant waivers or exemptions. Only the FMCSA grants waivers or exemptions for certain medical conditions if the individual is otherwise qualified to drive. Section 381.205 of the FMCSRs allow the driver to request a waiver if one or more of the FMCSRs prevent the driver from operating a CMV or make it unreasonably difficult to do so, during a unique, non-emergency event that will take no more than three months to complete.

Last Updated : April 1, 2014

Federal Motor Carrier Safety Regulations define Medical Examiner as a person who is licensed, certified and/or registered in accordance with applicable State laws and regulations to perform physical examinations. The term includes but is not limited to doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses and doctors of chiropractic.

Last Updated : April 1, 2014

Generally, pilot programs are initiated by the FMCSA when the agency determines that there may be an effective alternative to one or more of the requirements in the FMCSRs, but does not have sufficient research data to support the development of a notice of proposed rulemaking to change the regulation. 381.400

Last Updated : April 1, 2014

Section 391.43(g) requires the Medical Examiner to give a copy of the medical certificate to the driver and the motor carrier(employer), if the driver passes the medical examination.

Last Updated : April 1, 2014

You should contact the Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590.
The telephone number is 703-448-3094.

Last Updated : April 1, 2014

The Medical Examiner who performs the medical examination must sign the Medical Certificate.

Last Updated : April 1, 2014

These criteria are important because there is strong prospective, randomized clinical-trial evidence that hypertension markedly increases the risk of cardiovascular disease and that effective treatment reduces cardiovascular morbidity and mortality. To be certified to drive, the driver should have ongoing hypertension management and be free of side effects that may impair safe driving.

Last Updated : April 1, 2014

The FMCSA physical examination is required to help ensure that a person is medically qualified to safely operate a CMV. In the interest of public safety, CMV drivers are held to higher physical, mental and emotional standards than passenger car drivers.

Last Updated : April 1, 2014

Although the FMCSRs do not require the Medical Examiner to give a copy of the Medical Examination Report to the employer, the FMCSA does not prohibit employers from obtaining copies of the medical examination form (long form). Medical Examiners should have a release form signed by the driver if the employer wishes to obtain a copy of the medical examination form (long form).

Employers must comply with applicable State and Federal laws regarding the privacy and maintenance of employee medical information. For information about the provisions of the Standards for Privacy of Individually Identifiable Health Information (the Privacy Rule) that was mandated by the Health Insurance Portability & Accountability Act of 1996 (HIPAA) (Public Law 104-191), contact the U.S. Department of Health & Human Services at the HIPAA Web site of the Office of Civil Rights. Their toll-free information line is: 1-866-627-7748.

Last Updated : April 1, 2014