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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION

 

DIVISION 63

MEDICAL STANDARDS FOR DRIVERS OF COMMERCIAL MOTOR VEHICLES

735-063-0000

Definitions

As used in this division the following definitions apply:

(1) “Accident/conviction records” are records used to establish when a Waiver of Physical Disqualification issued by DMV may be denied or suspended. Accident records include, but are not limited to DMV records, police reports, crash reports or other reports from motor carriers. A conviction record is an official record showing a determination of guilt by a court of law upon a plea, verdict, finding, or unvacated bail forfeiture.

(2) “CDL” means commercial driver license.

(3) “CDLIS” means the Commercial Drivers License Information System operated by the American Association of Motor Vehicle Administrators (AAMVA) for FMCSA.

(4) “CMV” means commercial motor vehicle.

(5) “Disqualifying condition” is a medical condition(s) not meeting FMCSA physical qualification standards as set forth in FMCSR Sec. 391.41(b).

(6) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.

(7) “Driving type” means a certification by an applicant or holder of a CDL of one of the following:

(a) Non-excepted interstate: the person operates or expects to operate in interstate commerce;

(b) Excepted interstate: the person operates or expects to operate in interstate commerce but engages exclusively in transportation or operations excepted under 49 CFR 390.3(f), 391.2, 391.68 or 398.3; or

(c) Non-excepted intrastate: the person operates only in intrastate commerce.

(8) “FMCSA” means the Federal Motor Carrier Safety Administration of the United States Department of Transportation.

(9) “FMCSR” means the Federal Motor Carrier Safety Regulations of the U.S. Department of Transportation, CFR Title 49 parts 300 to 399.

(10) “Intrastate commerce” is defined in FMCSR Sec. 390.5 and includes any trade, traffic or transportation exclusively within Oregon.

(11) “Medical Determination Officer” is a physician, nurse practitioner or physician assistant, licensed to provide health care services by the State of Oregon, and employed or designated by DMV to make medical determinations of a driver’s medical eligibility for driving privileges.

(12) “Medical Specialist” is a person who is licensed as a doctor of medicine, a doctor of osteopathy, an optometrist or an audiologist.

(13) “Physician” is defined in ORS 807.710.

(14) “SPE certificate” is a Skill Performance Evaluation certificate issued by the FMCSA pursuant to FMCSR Sec. 391.49 to a person who demonstrates the ability to safely operate a CMV in spite of limb impairment or loss.

(15) “Waiver of Physical Disqualification” or “waiver” means a waiver issued by the Oregon Department of Transportation to a driver who does not meet certain physical qualifications required for drivers of commercial motor vehicles as set forth in FMCSR Sec. 391.41(b). A Waiver of Physical Disqualification only authorizes the holder to operate a commercial motor vehicle in intrastate commerce.

Stat. Auth.: ORS 184.616, 184.619, 802.010
Stats. Implemented: ORS 807.040 & 807.100
Hist.: DMV 4-2009, f. & cert. ef. 2-20-09; DMV 8-2010, f. & cert. ef. 3-17-10; DMV 7-2011, f. & cert. ef. 6-21-11; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12

735-063-0050

CDL or Commercial Instruction Permit Medical Standards

(1) DMV adopts FMCSR section 391.41 through 391.49 on January 30, 2012 pertaining to physical qualifications and medical examination of drivers of commercial motor vehicle.

(2) Any person who certifies a driving type of non-excepted interstate must meet the medical qualifications described in FMCSR, sections 391.41 through 391.49 or be exempted from those medical qualifications pursuant to 49 U.S.C. sections 31135 and 31136(e) and FMCSR, sections 381.300 to 381.330 to be issued or to retain an Oregon CDL or commercial instruction permit.

(3) Any person who certifies a driving type of excepted interstate or non-excepted intrastate must:

(a) Meet the medical qualifications in section (2) of this rule to be issued or retain an Oregon CDL or commercial instruction permit; or

(b) Meet the medical qualifications for a Waiver of Physical Disqualification issued by DMV and described in 735-063-0070 to be issued or retain a restricted Oregon CDL or commercial instruction permit.

(4) DMV will restrict a CDL or commercial instruction permit issued to a person that is not medically qualified under section (2) of this rule to authorize operation of a CMV in intrastate commerce only.

(5) DMV will issue a restricted Class A, B or C CDL or commercial instruction permit if any proof of medical qualification described in 735-063-0060 indicates any applicable restrictions, conditions or limitations for operation of a commercial motor vehicle.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.040 & 809.419
Stats. Implemented: ORS 807.040, 807.100 & 809.419
Hist.: MV 11-1986, f. 6-27-86, ef. 7-1-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0730; MV 24-1988, f. & cert. ef. 7-1-88; MV 6-1990, f. & cert. ef. 4-2-90; MV 11-1992, f. & cert. ef. 9-28-92; DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0140; DMV 2-2005, f. 1-20-05, cert. ef. 1-31-05; DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08; Renumbered from 735-074-0260, DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 4-2009, f. & cert. ef. 2-20-09; DMV 8-2010, f. & cert. ef. 3-17-10; DMV 7-2011, f. & cert. ef. 6-21-11; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12

735-063-0060

Proof of Medical Qualification for a CDL or Commercial Instruction Permit

(1) Proof of medical qualification for a person who certifies a driving type of non-excepted interstate is:

(a) A CDLIS record that indicates the person is medically qualified to operate a CMV in interstate commerce; or

(b) A valid unexpired Medical Examiner’s Certificate that conforms to the requirements of FMCSR, section 391.43. When indicated, the Medical Examiner’s Certificate must be accompanied by one or both of the following:

(A) A valid unexpired notice of exemption issued by FMCSA under the provisions of FMCSR, sections 381.300 through 381.330.

(B) A valid unexpired Skill Performance Evaluation (SPE) certificate issued by FMCSA under the provisions of FMCSR, section 391.49.

(2) Proof of medical qualification for a person who certifies a driving type of excepted interstate or non-excepted intrastate is:

(a) The proof required under section (1) of this rule; or

(b) A valid unexpired Waiver of Physical Disqualification issued by DMV under the conditions described in OAR 735-063-0070.

(3) Medical Examiner Certificates, notices of exemption, Skill Performance Evaluations and Waivers of Physical Disqualification are valid for periods up to two years only.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.040
Stats. Implemented: ORS 807.040, 807.100
Hist.: MV 11-1986, f. 6-27-86, ef. 7-1-86; MV 4-1987, f. & ef. 5-18-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0750; MV 24-1988, f. & cert. ef. 7-1-88; MV 24-1989, f. & cert. ef. 10-3-89; MV 6-1990, f. & cert. ef. 4-2-90; MV 16-1991, f. 9-18-91, cert. ef. 9-29-91; DMV 16-2003, f. & cert. ef. 11-18-03; DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0160; DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08; Renumbered from 735-074-0280, DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 4-2009, f. & cert. ef. 2-20-09; DMV 8-2010, f. & cert. ef. 3-17-10; DMV 7-2011, f. & cert. ef. 6-21-11; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12

735-063-0065

Medical Qualification Procedures for CDL or Commercial Instruction Driver Permit

(1) An applicant for a CDL or commercial instruction driver permit must have proof of medical qualification as described in OAR 735-063-0060. DMV will not issue a CDL or commercial instruction driver permit if any proof of medical qualification is denied, expired or revoked.

(2) The CDL or commercial instruction driver permit of a driver who is issued a notice of exemption or SPE certificate by FMSCA, as described in OAR 735-063-0060(1), must have a “V” restriction. DMV will add a “V” restriction to the CDL or commercial instruction driver permit.

(3) The CDL or commercial instruction driver permit of a driver who is issued a Waiver of Physical Disqualification by DMV, as described in OAR 735-063-0070, must have a “K” restriction limiting the driver to operating a CMV in intrastate commerce. DMV will add a “K” restriction to the CDL or commercial instruction driver permit.

(4) An applicant for a CDL or commercial instruction driver permit who certifies a driving type of non-excepted interstate must also certify on the application or renewal form that he or she meets the driver qualification requirements contained in FMSCR Part 391.

(5) To maintain proof of medical qualification to operate a commercial motor vehicle, the holder of a CDL or commercial instruction driver permit must have a valid medical examiner’s certificate. Proof of medical qualification must be provided to DMV when requested. If proof is not provided within 60 days following the expiration of the holder’s current proof of medical qualification as described in OAR 735-063-0060, DMV will cancel the holder’s CDL or commercial instruction driver permit as provided in OAR 735-063-0067.

(6) A driver who needs to replace a medical examiner’s certificate because it is lost, mutilated, or destroyed may obtain a duplicate from the same source from which they obtained the original medical certificate.

(7) DMV is not responsible for any expenses an applicant may incur from the acquisition of an approved medical examiner’s certificate or duplicate medical examiner’s certificate.

Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.040
Stats. Implemented: ORS 807.040, 807.100 & 807.150
Hist.: MV 11-1986, f. 6-27-86, ef. 7-1-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0760; MV 4-1987, f. & ef. 5-18-87; MV 6-1990, f. & cert. ef. 4-2-90; DMV 11-1998, f. & cert. ef. 9-14-98; DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0170; DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08; Renumbered from 735-074-0290, DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 4-2009, f. & cert. ef. 2-20-09; DMV 7-2011, f. & cert. ef. 6-21-11; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12; DMV 12-2012, f. & cert. ef. 9-20-12

735-063-0067

Cancellation or Suspension of CDL or Commercial Instruction Driver Permit Due to No Valid Proof of Medical Qualification or Failure to Have Restriction on the License or Permit when Required

(1) DMV will cancel a person’s CDL or commercial instruction driver permit if any proof of medical qualification, as described in OAR 735-063-0060, is denied, expired or revoked.

(2) DMV will cancel a person’s CDL or commercial instruction driver permit if proof of medical qualification, as described in OAR 735-063-0060, is not submitted when requested by DMV. Such requests will be made only when DMV does not already have proof of medical qualification.

(3) A CDL or commercial instruction driver permit cancelled under Section (1) or (2) of this rule may be reissued if the person submits proof of medical qualification as described in OAR 735-063-0060.

(4) Failure of a person to obtain the “V” restriction as required by OAR 735-063-0065(2) within the time period specified by DMV will result in cancellation of the commercial driver license or commercial instruction driver permit in accordance with ORS 807.010(1) and 809.310(1).

(5) Failure of a person to obtain the “K” restriction as required by OAR 735-063-0065(3) within the time period specified by DMV will result in cancellation of the commercial driver license in accordance with ORS 807.010(1) and 809.310(1).

(4) DMV will suspend, for one year, a person’s commercial driving privileges and the person’s right to apply for commercial driving privileges if DMV determines that the person submitted false information to DMV for the purpose of establishing or maintaining qualification to operate a commercial motor vehicle, hold a CDL, or hold a commercial instruction driver permit.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.040, 807.100, 809.415
Stats. Implemented: ORS 807.040, 807.100, 809.415
Hist.: DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12; DMV 12-2012, f. & cert. ef. 9-20-12

735-063-0070

Waiver of Physical Disqualification

(1) This rule is applicable to holders of or applicants for a CDL, CDL instruction driver permit or Class C non-commercial license issued by DMV, who intend to operate a CMV only in Oregon intrastate commerce or are exempt from the physical qualification requirements in FMCSR sections 391.41 and 391.43 under FMCSR sections 390.3(f), 391.2, 391.68 or 398.3 but must have an approved medical certificate under ORS 807.100. For purposes of this rule, CMV means a commercial motor vehicle as defined in FMCSR Sec. 390.5 and includes a driver employed (or applying for employment) to operate a CMV by a for-hire carrier as defined in ORS 825.005.

(2) DMV may issue or renew a Waiver of Physical Disqualification if the person is otherwise disqualified from operating a CMV under FMCSR Sec. 391.41(b) because of one or more of the following disqualifying conditions:

(a) Loss or impairment of limb;

(b) Diabetes;

(c) Seizure disorder;

(d) Impaired vision; or

(e) Hearing loss.

(3) Except as provided in Sections (2) and (13) of this rule, DMV will not issue or renew a Waiver of Physical Disqualification to a person who does not meet the physical qualification standards set forth in FMCSR Sec. 391.41(b).

(4) To apply for a Waiver of Physical Disqualification, an applicant must do the following:

(a) Submit a completed waiver application form and:

(A) A current FMCSA medical examination report completed by a licensed physician, chiropractic physician, physician assistant or nurse practitioner. The report must show that notwithstanding the disqualifying condition, the applicant meets all other physical qualification standards as set forth in FMCSR Sec. 391.41(b);

(B) Current medical information regarding the disqualifying condition from a treating medical specialist specializing in the assessment and treatment of the type of disqualifying condition for which the applicant is requesting a waiver; and

(C) If requested by DMV, a copy of the applicant’s out-of-state driver record(s) if the applicant has held a driver license in another jurisdiction during the three year period preceding the date of application.

(b) Provide additional information showing that the disqualifying condition does not impair the person’s ability to safely operate a CMV in intrastate commerce, if requested by DMV.

(5) The Medical Determination Officer will review an application for an original waiver or for renewal of a waiver and make a recommendation to DMV whether to approve or deny the waiver.

(a) The Medical Determination Officer review will be conducted using medical waiver guidelines. These are criteria maintained by the Medical Determination Officer and available from DMV.

(b) The Medical Determination Officer may request additional information from DMV or the applicant before making a recommendation.

(6) Records relating to an applicant or the holder of a current waiver may be reviewed at any time by DMV to determine if the person is or remains qualified to hold the waiver and is complying with the restrictions and conditions of the waiver. The review may include a recommendation from the Medical Determination Officer. DMV may use the information from these records or a recommendation from the Medical Determination Officer as a basis for denial of a waiver or for revocation of an existing waiver as specified in OAR 735-063-0075(4). Records include but are not limited to:

(a) Driving record;

(b) Accident/conviction record; and

(c) Medical records.

(7) If DMV has reason to believe the holder of a Waiver of Physical Disqualification is no longer qualified for the waiver, DMV:

(a) May immediately revoke the waiver as specified in OAR 735-063-0075;

(b) May request in writing that the holder submit any information requested by DMV in order for DMV to determine if the holder remains eligible for the waiver. The holder must submit any requested information to DMV within 60 days of the date the written request is mailed. Failure to submit the requested information will result in revocation of the waiver as set forth in OAR 735-063-0075(3). DMV may grant an additional 30 days if:

(A) The person is seriously ill or injured and a physician requests an extension in writing;

(B) The person is temporarily out of state and a written request is received from the person; or

(C) The person can show that the information was requested from another party within the 60 day time period and the delay in submitting the information was caused by the other party.

(8) To be eligible for a Waiver of Physical Disqualification, a driver must:

(a) Qualify for commercial driving privileges, have a valid Oregon CDL or commercial instruction driver permit, or be an Oregon licensed driver employed (or applying for employment) by a for-hire carrier to operate a CMV only in Oregon intrastate commerce;

(b) Not have driving privileges suspended, revoked, cancelled or withdrawn in Oregon or any other jurisdiction;

(c) Not have a Waiver of Physical Disqualification that is currently denied or revoked as specified in OAR 735-063-0075(1) or 735-063-0075(4);

(d) Apply for the Waiver of Physical Disqualification as explained in section (4) of this rule; and

(e) Receive a recommendation for waiver approval from the Medical Determination Officer.

(9) Any driver issued a waiver must comply with the following conditions:

(a) Notify DMV within 10 days of any change in the driver’s physical condition or any other condition pertaining to the need for the waiver, modification of the waiver or revocation of the waiver;

(b) Notify DMV of all crashes, arrests or convictions involving the use of a motor vehicle within 30 days of the crash or within 10 days of the arrest or conviction;

(c) Notify DMV within 10 days of any suspension, cancellation, revocation or withdrawal of driving privileges in a jurisdiction other than Oregon;

(d) Notify DMV within 10 days of changing employers and provide the employer with a copy of the waiver;

(e) Carry a copy of the medical waiver and any listed waiver conditions at all times while operating a CMV and make the waiver and waiver conditions available to enforcement personnel upon request;

(f) Only operate a CMV in Oregon intrastate commerce. This subsection does not apply to a driver who is exempt from the physical qualification requirements in FMCSR sections 391.41 and 391.43 under FMCSR sections 390.3(f), 391.2, 391.68 or 398.3, but must have an approved medical certificate under ORS 807.100; and

(g) Comply with all waiver conditions related to the disqualifying condition as noted on the Waiver of Physical Disqualification.

(10) The waiver is valid for a period not to exceed the expiration date of the driver’s medical certificate.

(11) Incomplete waiver applications are invalid after 180 days and DMV will take no action to deny or approve the application. After this period, the person must reapply for a waiver in accordance with all of the requirements of this rule.

(12) DMV will renew a Waiver of Physical Disqualification issued for a sleep disorder or cardiac condition if the waiver was in effect on August 10, 2009 and all other requirements set forth in section (8) of this rule are met.

Stat. Auth.: ORS 184.616, 184.619 & 802.010
Stats. Implemented: ORS 807.040 & 807.150
Hist.: MCTB 4-2000, f. & cert. ef. 6-12-00; Renumbered from 740-100-0140, DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08; Renumbered from 740-100-0140, DMV 9-2008, f. & cert. ef. 3-21-08; DMV 4-2009, f. & cert. ef. 2-20-09; DMV 8-2010, f. & cert. ef. 3-17-10; DMV 7-2011, f. & cert. ef. 6-21-11; DMV 12-2012, f. & cert. ef. 9-20-12

735-063-0075

Denial or Revocation of an Oregon Waiver of Physical Disqualification

(1) A holder of a Waiver of Physical Disqualification who violates any of the requirements set forth in OAR 735-063-0070(9), in addition to any other actions authorized by law, will be subject to revocation of the waiver for up to 180 days upon DMV’s determination of the driver’s second violation of waiver conditions within the preceding 12 months.

(2) DMV will deny or revoke a Waiver of Physical Disqualification if DMV determines that the applicant or waiver holder does not qualify for the waiver under the requirements set forth in OAR 735-063-0070(8).

(3) DMV will deny or revoke a Waiver of Physical Disqualification if the waiver holder fails to provide information requested under OAR 735-063-0070(7) within the required 60 day time period.

(4) DMV will deny or revoke a Waiver of Physical Disqualification if, as a result of a review conducted under OAR 735-063-0070(6), DMV determines the person no longer qualifies for the waiver.

Stat. Auth.: ORS 184.616, 184.619, 802.010
Stats. Implemented: ORS 807.040, 807.150
Hist.: MCTB 4-2000, f. & cert. ef. 6-12-00; MCTB 4-2001, f. & cert. ef. 11-9-01; Renumbered from 740-300-0140, DMV 9-2007(Temp), f. & cert. ef. 9-17-07 thru 3-14-08; Renumbered from 740-300-0140, DMV 9-2008, f. & cert. ef. 3-21-08; DMV 4-2009, f. & cert. ef. 2-20-09; DMV 8-2010, f. & cert. ef. 3-17-10

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