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  • § 391.2
    General exceptions.
  • § 391.11
    General qualifications of drivers.
  • § 391.15
    Disqualification of drivers.
  • § 391.21
    Application for employment.
  • § 391.23
    Investigation and inquiries.
  • § 391.25
    Annual inquiry and review of driving record.
  • § 391.27
    Record of violations.
  • § 391.31
    Road test.
  • § 391.33
    Equivalent of road test.
  • § 391.41
    Physical qualifications for drivers.
  • § 391.43
    Medical examination; certificate of physical examination.
  • § 391.45
    Persons who must be medically examined and certified.
  • § 391.47
    Resolution of conflicts of medical evaluation.
  • § 391.49
    Alternative physical qualification standards for the loss or impairment of limbs.
  • § 391.51
    General requirements for driver qualification files.
  • § 391.63
    Multiple-employer drivers.
  • § 391.65
    Drivers furnished by other motor carriers.

Part 391

Section § 391.49: Alternative physical qualification standards for the loss or impairment of limbs.

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Question 1: Since 49 CFR 391.49 does not mandate a Skill Performance Evaluation, does the term "performance standard" mean that the State must give a driving test or other Skill Performance Evaluation to the driver for every waiver issued or does this term mean that, depending upon the medical condition, the State may give some other type of performance test? For example, in the case of a vision waiver, would a vision examination suffice as a performance standard?

Guidance: Under the Tolerance Guidelines, Appendix C, Paragraph 3(j), each State that creates a waiver program for intrastate drivers is responsible for determining what constitutes "sound medical judgment," as well as determining the performance standard. In the example used above, a vision examination would suffice as a performance standard. It is the responsibility of each State establishing a waiver program to determine what constitutes an appropriate performance standard.

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