Commercial Driver Physical Fitness as Part of the Commercial Driver's License Process

SUMMARY: The FHWA is requesting comments on whether to include the

certification of fitness to operate a commercial motor vehicle (CMV) in

the commercial driver's license (CDL) process. Incorporating the

commercial driver fitness determination into State-administered CDL

procedures may allow elimination of the requirement that CMV drivers

carry a separate medical certificate. The two systems were initially

developed separately with one being a motor carrier-based medical

qualification program and the other a State licensing program. However,

the FHWA believes that logically the two systems should be merged in

order for the States to make the medical fitness determination at the

time the license is being issued. Thus, the CDL would be evidence that

the CMV driver is physically fit as well as operationally qualified to

operate CMVs safely. This notice also requests comments concerning

whether such a process could be implemented nationwide.

DATES: Comments must be received on or before November 14, 1994.

ADDRESSES: Submit written, signed comments to FHWA Docket No. MC-93-23,

Room 4232, HCC-10, Office of Chief Counsel, Federal Highway

Administration, 400 Seventh Street, SW., Washington, DC 20590. All

comments received will be available for examination at the above

address from 8:30 a.m. to 3:30 p.m. e.t., Monday through Friday, except

legal Federal holidays. Those desiring notification of receipt of

comments must include a self-addressed, stamped postcard/envelope.

FOR FURTHER INFORMATION CONTACT: Ms. Teresa Doggett, Office of Motor

Carrier Standards, (202) 366-4001, or Mrs. Allison Smith, Office of

Chief Counsel, (202) 366-0834, Federal Highway Administration, 400

Seventh Street, SW., Washington, D.C. 20590. Office hours are from 7:45

a.m. to 4:15 p.m. e.t., Monday through Friday, except legal Federal

holidays.

SUPPLEMENTARY INFORMATION:

Background

The Secretary of Transportation has the authority to establish

standards for physical fitness that must be met by drivers in

interstate commerce. 49 U.S.C. 3102 and 49 U.S.C. app. 2505. This

authority is delegated to the Federal Highway Administrator. 49 CFR

1.48. The Federal Motor Carrier Safety Regulations (FMCSRs) set forth,

in 49 CFR 391.11, the fitness standards that drivers must meet to be

qualified to drive a CMV in interstate commerce. The Commercial Motor

Vehicle Safety Act of 1986 (CMVSA) provides, in section 12005(a)(8)(49

U.S.C. app. 2704(a)(8)), that Federal standards may be promulgated to

require issuance of a certification of fitness to operate a CMV to each

person who passes a CDL test and may require such person to have a copy

of such certification in his or her possession whenever operating a

commercial motor vehicle.

Currently, 49 CFR 391.45 requires that commercial drivers be

medically examined and certified as physically qualified once every two

years in order to operate in interstate commerce. If the driver meets

the physical qualification standards set forth in 49 CFR 391.41, the

medical examiner then issues a medical certificate which indicates

physical fitness to drive (49 CFR 391.43). Drivers must carry this

certificate while driving (49 CFR 391.41(a)) and employers must

maintain a copy in the drivers' qualification file (49 CFR

391.51(b)(1)). Enforcement is primarily through roadside inspections of

vehicles and drivers or through Federal or State safety compliance

reviews of the motor carriers.

In addition, 49 CFR 383.71(a) requires that during the CDL

application process a person who operates or expects to operate in

interstate or foreign commerce, or is otherwise subject to 49 CFR 391,

shall certify that he/she meets the qualification requirements

contained in Part 391 of that title. In practice, some States rely

solely on the driver certification while others also require drivers

who certify that they meet the qualification requirements of Part 391

to produce the required medical certificate in order to be issued a

CDL. Before issuing the CDL, a few States also review the medical

``long form'' that the medical examiner completes to assure that the

standards are met. It is possible, now that all licensing agencies are

linked electronically, that medical status information could, as part

of the driver record, be shared and checked among States in the CDL

process.

Driver Medical Qualifications as Part of CDL

There are several benefits to merging the motor carrier-based

medical qualification program with the State licensing program. First,

the driver will no longer be required to carry a medical certificate

since the possession of a CDL will be evidence of a driver's fitness to

operate a CMV. Secondly, the motor carrier will have no need to

maintain driver medical qualification files.

There are specific benefits for State licensing agencies when the

two systems are merged together. The FHWA believes that a single,

State-run system would be better able to identify unqualified drivers

operating without medical cards or with forged cards. The current

Federal medical qualification program does not provide an opportunity

for a routine independent review by a medical professional of each

medical examiner's certification that a driver is qualified under the

FMCSRs. Currently, only a driver's employer is required to ensure that

the driver holds a valid medical card. To the extent that the State-run

medical qualification programs would review doctors' determinations of

physical fitness or more effectively ensure that every driver does

carry a valid medical card, these systems are better suited to prevent

unqualified drivers from operating commercial motor vehicles. Forty-

seven States already review the medical fitness of their intrastate

drivers through medical advisory boards or other medical review

processes. Medical advisory boards advise State licensing agencies on

the medical standards for drivers and they review individual cases, as

part of the evaluation of drivers who have been identified as having a

medical condition that may impair safe driving. The FHWA believes that

these States would be able to integrate interstate commercial drivers

into their existing medical review programs with little difficulty.

Recognizing the advantages of linking the demonstration of physical

fitness with licensing through 49 U.S.C. app. 2704(a)(8), the FHWA has

contracted with the Association for the Advancement of Automotive

Medicine (AAAM) and American Association of Motor Vehicle

Administrators (AAMVA) to explore the options for turning the medical

qualification responsibility over to the States. The goal of this

research contract is to explore processes States could use to develop

and pilot test programs that merge the medical qualification into the

CDL process. The contractor was requested to:

(1) Look at existing State medical review programs to determine

what infrastructure already exists;

(2) Work with a committee of States to develop standards for State

medical review programs and prototype programs to be tested in a pilot

program; and

(3) Work with the States and the FHWA to oversee and assess the

pilots.

Members of the committee of States for this effort are: Arizona,

California, Connecticut, Florida, Indiana, Maryland, Michigan, New

York, North Carolina, South Dakota, Texas, Utah, and Wyoming. Four of

these States--Arizona, Indiana, North Carolina, and Utah--have

developed prototype medical review programs and are now conducting

pilot tests. Two States, Alabama and Missouri, not members of the

original committee of States, also have pilot tests in place.

Under these pilot tests, the State licensing officials require

drivers to show proof that they meet the FHWA medical standards in

order to receive a new CDL or to renew an existing CDL. While each

pilot test is somewhat different, all include the requirement that each

driver submit a medical form signed by a medical examiner that shows

specifically that the driver meets each of the medical standards

included in 49 CFR 391.41.

Each of these pilot tests will run for a year. When all are

completed the contractor will compile the data and evaluate each of the

pilot tests to determine the feasibility of State implementation. The

FHWA expects to learn from these pilot tests what types of

administrative methods and procedures would work best to enable State

licensing entities to incorporate driver medical fitness determinations

into the CDL process. The pilot test results will also provide needed

information about the size and nature of the problem of licensing

drivers who may not meet the existing standards.

Other FHWA Activities Related to Driver Medical Fitness

The FHWA has several other ongoing activities that address the many

issues related to determining driver fitness, which are summarized

below.

Interstate Medical Waiver Program

Drivers who do not meet the current vision standards but who do

meet specific preconditions and agree to comply with certain reporting

requirements are participating in a waiver program which allows them to

operate in interstate commerce for at least the duration of the

program. 57 FR 31458, July 16, 1992. A similar waiver program for

insulin-using diabetic drivers was initiated on July 29, 1993 (58 FR

40690). Waiver programs for hearing deficient drivers and those who

have a history of epilepsy are also under consideration. Under these

waiver programs, which will each last for approximately three years,

studies would be undertaken to compare the experience of the group of

commercial drivers who do not meet current medical standards with that

of a control group of CMV operators who meet the Federal medical

qualification standards. The studies will explore the potential

causative relationship between driving with specific disabilities and

accident and traffic violation experience.

The FHWA plans to use the data collected from these waiver programs

to assist it in making decisions about how or whether existing

regulations should be amended to accommodate more individualized driver

qualification determinations and to incorporate them into the CDL

process.

Motor Carrier Safety Assistance Program (MCSAP) Policy

In another initiative, the FHWA issued an interim final rule, Motor

Carrier Safety Assistance Program; Extension of Compliance Date,

postponing the deadline in Appendix C to Part 350 regarding compatible

physical qualifications (49 CFR 391.41) for CMV drivers in intrastate

commerce. 58 FR 40599, July 29, 1993. Under this rule, the States will

be able to continue to exempt intrastate drivers from the physical

qualification requirements for an additional three years. Additionally,

the FHWA is encouraging States to consider developing physical

qualification waiver programs that are compatible with the FHWA's

program. In the future, intrastate waivers may also be incorporated

into the CDL process.

Update of Forms and Materials

The FHWA is also developing guideline materials for medical

examiners who certify the medical fitness of commercial drivers. These

materials will include updated physical examination and certification

forms, and accompanying materials to provide technical and educational

assistance to the certifying health care professional. Such materials

may be used as part of the programs which State licensing entities

would administer in the future within the CDL process.

International Medical Fitness

Canada and Mexico currently certify the medical fitness of

commercial drivers in conjunction with the driver's licensing process.

The Canadian Provinces utilize the minimum medical qualifications set

forth in the Canadian ``National Safety Code for Motor Carriers'' to

assure that each driver is fit. Mexican drivers are medically examined

before issuance of a Licencia Federal de Conductor and every two years

thereafter in order to maintain this license.

Questions for Comment

In this rulemaking, the FHWA is considering requiring the State

licensing entities to verify that CMV drivers who are subject to the

physical qualification standards set forth in 49 CFR 391.41 meet those

standards in order to receive and retain a CDL. State implementation of

this requirement would then be necessary for a State to avoid the loss

of a percentage of highway funds for noncompliance.

The FHWA is soliciting comments that, together with the information

gained from the pilot projects, will assist the FHWA in developing a

proposal that could form the basis of a notice of proposed rulemaking.

For this purpose, information in the following areas is requested.

1. Could State licensing programs be used to provide an effective

means to verify compliance with the physical qualification standards

set forth in 49 CFR 391.41? If so, how should this be accomplished?

Given the fact that physical fitness is an appropriate licensing issue

pertaining to CDL applicants, should States be required to examine or

verify physical qualifications at the time of licensing? Should that

verification involve more than inspection of a medical certificate?

Should States be required to track a driver's physical qualification

status as part of the licensing record?

2. Do State licensing authorities currently possess sufficient

authority and resources to determine medical qualifications if that

function is required as an element of CDL procedures? If the FHWA

determines, as a result of the waiver programs now in progress, that

certain persons with disabilities may be allowed to drive in interstate

commerce, are the States able to make the required individual driver

qualification determinations for CDL applicants in interstate as well

as intrastate commerce?

3. What are the most efficient ways to deal with the differences

between the two-year medical certification and the CDL renewal terms?

What is the most appropriate interval for medical recertification?

Should there be shorter intervals for certain drivers, such as older

drivers or ones with physical disabilities or medical conditions that

may be progressive? What data is available to support your position or

to otherwise assist in determining the appropriate medical

recertification interval? Are there obstacles to making the licensing

and medical certification intervals the same?

4. Should medical examiners be required to be qualified and

certified to perform driver examinations? What is the most efficient

means to qualify and certify medical examiners? What are the cost

considerations? Should there be a national network of medical

examiners?

5. If the CDL cannot serve the function of the current medical

certificate, should drivers continue to carry a separate document to

show physical fitness? Would an adaptation of the Mexican or Canadian

systems work, in which the medical certificate is part of the license

but must be revalidated periodically?

6. How much variation among State programs is reasonable? For

example, should all States be required to use one approved medical

form?

7. Should all States be required to participate in a medical

examination or verification program for CDL applicants? If so, when

should such participation be required?

8. What should be the role of those who employ or use motor

carriers in such a system?

9. What State and industry efficiencies are envisioned with such a

medical examination or verification program; for example, reduced

paperwork (driver qualification file) for carriers or reduced time

being spent by State offices to check medical cards?

10. How should drivers who are required to meet the physical

qualifications standards but who do not need CDLs be handled? Should

State licensing authorities be responsible for assuring that these

drivers meet the appropriate standards?

Commenters are not limited to responding to the above questions.

Commenters may submit any facts or views consistent with the intent of

this notice.

Rulemaking Analyses and Notices

All comments received before the close of business on the comment

closing date indicated above will be considered and will be available

for examination in the docket at the above address. Comments received

after the comment closing date will be filed in the docket and will be

considered to the extent practicable. In addition to late comments, the

FHWA will also continue to file relevant information in the docket as

it becomes available after the comment closing date, and interested

persons should continue to examine the docket for new material. We are

considering conducting this rulemaking using the regulatory negotiation

process.

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

The action being considered by the FHWA in this document would

incorporate the commercial driver physical fitness determination into

the State-administered CDL licensing process. The FHWA has determined

that the proposed action, if implemented, would be a ``significant

regulatory action'' under Executive Order 12866 and a significant

regulation under the regulatory policies and procedures of the

Department of Transportation because of the substantial public interest

anticipated in this action. The potential economic impact of this

proposed rulemaking is not known at this stage. Therefore, a full

regulatory evaluation has not yet been prepared.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-

612), the agency will evaluate the effects of this proposal on small

entities. Following the agency's evaluation, the FHWA will certify

whether this proposed action will have a significant economic impact on

a substantial number of small entities.

Executive Order 12612 (Federalism Assessment)

This action will be analyzed in accordance with the principles and

criteria contained in Executive Order 12612 to determine whether it has

sufficient federalism implications to warrant the preparation of a

Federalism Assessment.

Executive Order 12372 (Intergovernmental Review)

Catalog of Federal Domestic Assistance Program Number 20.217, Motor

Carrier Safety. The regulations implementing Executive Order 12372

regarding intergovernmental consultation on Federal programs and

activities apply to this program.

Paperwork Reduction Act

This rule does not contain a collection of information requirement

for purposes of the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et

seq. The information collection requirements relating to the medical

certification requirement and commercial driver's licensing process

have been approved by the Office of Management and Budget (OMB) under

OMB control numbers 2125-0080 and 2125-0542, respectively.

National Environmental Policy Act

The agency will analyze this action for the purpose of the National

Environmental Policy Act of 1969 to determine whether this action will

have any effect on the quality of the environment.

Regulation Identification Number

A regulation identification number (RIN) is assigned to each

regulatory action listed in the Unified Agenda of Federal Regulations.

The Regulatory Information Service Center publishes the Unified Agenda

in April and October of each year. The RIN contained in the heading of

this document can be used to cross reference this action with the

Unified Agenda.

List of Subjects in 49 CFR Part 383

Driver qualifications, Highways and roads, Highway safety, Motor

carriers, Motor vehicle safety.

(49 U.S.C. App. 2505; 49 CFR 1.48.)

Issued on: July 7, 1994.

Rodney E. Slater,

Federal Highway Administrator.

[FR Doc. 94-17175 Filed 7-14-94; 8:45 am]

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