SF 1842

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor carriers; allowing commissioner of 
  1.3             transportation to grant waiver for certain persons 
  1.4             with hearing disability for them to drive intrastate 
  1.5             motor vehicles not exceeding 18,000 pounds gross 
  1.6             vehicle weight; amending Minnesota Statutes 1995 
  1.7             Supplement, section 221.0314, subdivision 3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.10  221.0314, subdivision 3, is amended to read: 
  1.11     Subd. 3.  [WAIVER FOR PHYSICAL DEFECTS.] (a) A person who 
  1.12  is not physically qualified to drive under subdivision 2, but 
  1.13  who meets the other qualifications under subdivision 2, may 
  1.14  drive a motor vehicle if the commissioner grants a waiver to 
  1.15  that person.  
  1.16     (b) The commissioner may grant a waiver to a person who is 
  1.17  not physically qualified to drive under Code of Federal 
  1.18  Regulations, title 49, section 391.41, paragraph (b)(1) or 
  1.19  (b)(2), according to rules adopted under section 221.031.  
  1.20     (b) (c) The commissioner may grant a waiver to a person who 
  1.21  is not physically qualified to drive under Code of Federal 
  1.22  Regulations, title 49, section 391.41, paragraph (b)(11), 
  1.23  provided:  
  1.24     (1) the transportation takes place entirely within 
  1.25  Minnesota; 
  1.26     (2) the person is otherwise physically qualified to drive 
  2.1   under Code of Federal Regulations, title 49, section 391.41, 
  2.2   paragraph (b); 
  2.3      (3) the person has a driving record in Minnesota 
  2.4   satisfactory to the commissioner; 
  2.5      (4) the waiver is limited to the operation of motor 
  2.6   vehicles not exceeding 18,000 pounds gross vehicle weight; 
  2.7      (5) the person has previously performed these duties; and 
  2.8      (6) the person satisfies the applicable rules of the 
  2.9   commissioner governing waivers considered for other persons 
  2.10  described in this subdivision. 
  2.11     (d) The commissioner may grant a waiver to a person who is 
  2.12  not physically qualified to drive under Code of Federal 
  2.13  Regulations, title 49, section 391.41, paragraph (b)(3) 
  2.14  to (b)(10), (b)(12), and (b)(13), for medical conditions for 
  2.15  which waiver programs have been established by the United States 
  2.16  Department of Transportation.  Except as required in 
  2.17  paragraphs (c) to (f) (e) to (h), the commissioner shall require 
  2.18  the same information and follow the same procedure as the United 
  2.19  States Department of Transportation in granting the waivers.  
  2.20  The commissioner may continue to grant waivers under this 
  2.21  paragraph and paragraphs (c) to (f) (c) to (h) after the United 
  2.22  States Department of Transportation has discontinued its waiver 
  2.23  program for a specific medical condition if the commissioner 
  2.24  determines that the waiver program is consistent with the safe 
  2.25  operation of motor vehicles. 
  2.26     (c) (e) Despite federal requirements, the commissioner may 
  2.27  grant a waiver to a person who does not have three years' 
  2.28  experience in operating a commercial motor vehicle. 
  2.29     (d) (f) Despite federal requirements, a person who has been 
  2.30  initially examined by a licensed physician and who has been 
  2.31  granted a waiver for a diabetic condition may be regularly 
  2.32  examined by the person's treating physician every six months 
  2.33  from the date a waiver is granted. 
  2.34     (e) (g) Despite federal requirements, the commissioner may 
  2.35  grant a waiver to a person who requires insulin for controlling 
  2.36  diabetes but who has not been using insulin for the three years 
  3.1   preceding a waiver application if the applicant, in addition to 
  3.2   the information required by paragraph (b) (d), submits a 
  3.3   statement from a licensed physician that includes: 
  3.4      (1) the date and a description of each episode experienced 
  3.5   by the person during the three years preceding a waiver 
  3.6   application that involved a loss of consciousness or voluntary 
  3.7   control due to hypoglycemia or hyperglycemia; 
  3.8      (2) the person's prognosis for control of the diabetes; and 
  3.9      (3) the physician's professional opinion about whether the 
  3.10  person is medically qualified to exercise reasonable and 
  3.11  ordinary control over a commercial motor vehicle on the public 
  3.12  highways. 
  3.13     (f) (h) A person who is granted a waiver after submitting 
  3.14  the information required in paragraph (e) (g) must, in addition, 
  3.15  submit a statement from the person's treating physician every 
  3.16  six months from the date a waiver is granted that includes the 
  3.17  information described in paragraph (e) (g), clauses (1) and (2), 
  3.18  and gives the physician's professional opinion about whether the 
  3.19  person continues to be medically qualified to exercise 
  3.20  reasonable and ordinary control over a commercial motor vehicle 
  3.21  on the public highways. 
  3.22     Sec. 2.  [EFFECTIVE DATE.] 
  3.23     Section 1 is effective the day following final enactment.