Minnesota Administrative Rules

8850.7350 DOCUMENTS ACCOMPANYING WAIVER APPLICATION.

The letter of application for a waiver under part 8850.7200 must be accompanied by:

A.

A copy of the results of the medical examination performed according to Code of Federal Regulations, title 49, section 391.43, as amended through October 1, 1987.

B.

A copy of the medical certificate completed according to Code of Federal Regulations, title 49, section 391.43, paragraph (e), as amended through October 1, 1987.

C.

A medical evaluation summary completed by either a board-qualified or board-certified physiatrist (doctor of physical medicine) or orthopedic surgeon. The coapplicant carrier or the driver applicant shall provide the physiatrist or orthopedic surgeon with a description of the job tasks the driver applicant will be required to perform.

(1)

The medical evaluation summary for a driver applicant disqualified under Code of Federal Regulations, title 49, section 391.41, paragraph (b)(1), as amended through October 1, 1987, must include:

(a)

an assessment of the driver's functional capabilities as they relate to the driver's ability to perform normal tasks associated with operating a motor vehicle; and

(b)

a statement by the examiner that the applicant is capable of demonstrating precision prehension, that is, manipulating knobs and switches, and power grasp prehension, that is, holding and maneuvering the steering wheel, with each upper limb separately. This requirement does not apply to an applicant who was granted a waiver, absent a prosthetic device, before April 14, 1986.

(2)

The medical evaluation summary for a driver applicant disqualified under Code of Federal Regulations, title 49, section 391.41, paragraph (b)(2), as amended through October 1, 1987, must include:

(a)

how and why the impairment interferes with the driver's ability to perform normal tasks associated with operating a commercial motor vehicle;

(b)

an assessment and medical opinion of whether the condition is likely to remain medically stable over the driver applicant's lifetime; and

(c)

a statement by the examiner that the applicant is capable of demonstrating precision prehension, that is, manipulating knobs and switches, and power grasp prehension, that is, holding and maneuvering the steering wheel, with each upper limb separately. This requirement does not apply to an applicant who was granted a waiver, absent a prosthetic device, before April 14, 1986.

D.

A description of the prosthetic or orthotic device worn by the driver applicant, if any.

E.

A copy of the driver applicant's road test administered by the carrier coapplicant and the certificate issued under Code of Federal Regulations, title 49, section 391.31, paragraphs (b) to (g), as amended through October 1, 1987. A driver applicant is responsible for having a road test administered by a carrier or a person competent to administer the test and evaluate its results.

F.

A copy of the driver applicant's application for employment completed according to Code of Federal Regulations, title 49, section 391.21, as revised through October 1, 1987. A driver applicant is responsible for submitting a copy of the employment application for the last commercial driving position held by the applicant. If not previously employed as a commercial driver, the driver applicant must so state.

G.

A copy of the driver applicant's state motor vehicle driving record for the past three years from each state where the driver had a motor vehicle driver's license or permit.

Statutory Authority:

MS s 221.031; 221.141

History:

13 SR 38

Published Electronically:

October 8, 2007