Kan. Admin. Regs. § 82-4-6d - Waiver of physical requirements
(a) Any person failing to meet the
requirements of K.A.R. 82-4-3g may be permitted to drive a vehicle if the
director finds that the granting of a waiver is consistent with highway safety
and the public interest.
(b) The
application for a waiver shall meet these requirements:
(1) The application shall be submitted
jointly by the person seeking the waiver and by the motor carrier wishing to
employ the person as a driver.
(2)
The application shall be accompanied by the following:
(A) A copy of the driver applicant's motor
vehicle driving record. Each change to this record occurring after submission
of the application shall be immediately forwarded to the commission;
(B) reports of medical examinations,
administered by a licensed medical examiner, that are satisfactory to the
director; and
(C) letters of
recommendation from at least two licensed medical examiners, written on their
personalized or institutional letterhead, including their national provider
identifier assigned by the national plan and provider enumeration system, and
meeting the following requirements:
(i) The
reports and letters of recommendation shall indicate the opinions of the
licensed medical examiners regarding the ability of the driver to safely
operate a commercial motor vehicle of the type to be driven;
(ii) letters of recommendation regarding
vision impairments shall be provided by a licensed ophthalmologist or
optometrist who treated the driver applicant;
(iii) letters of recommendation regarding
diabetes shall be provided by an endocrinologist, diabetologist, or primary
care physician who has treated the driver applicant;
(iv) letters of recommendation regarding limb
impairment or amputation shall include a medical summary conducted by a board
of qualified, or board-certified, physiatrists or orthopedic surgeons,
preferably associated with a rehabilitation center; and
(v) letters of recommendation shall include a
description of any prosthetic or orthopedic devices worn by the driver
applicant.
(3) The application shall contain a
description that is satisfactory to the director of the type, size, and special
equipment of the vehicle or vehicles to be driven, the general area and type of
roads to be traversed, the distances and time period contemplated, the nature
of the commodities to be transported and the method of loading and securing
them, and the experience of the applicant in driving vehicles of the type to be
driven.
(A) If the applicant motor carrier is
a corporation, the application shall be signed by a corporation officer and the
driver applicant.
(B) If the
applicant motor carrier is a limited liability company, the application shall
be signed by a company officer and the driver applicant.
(C) If the applicant motor carrier is a
limited liability partnership, the application shall be signed by at least one
of the members of the partnership and the driver applicant.
(D) If the applicant motor carrier is a
partnership, the application shall be signed by at least one of the members of
the partnership and the driver applicant.
(E) If the applicant motor carrier is a sole
proprietorship, the application shall be signed by the proprietor and the
driver applicant.
(4)
The application shall specify that both the person and the carrier will file
periodic reports as required with the director. These reports shall contain
complete and truthful information regarding the extent of the person's driving
activity, any accidents in which the person was involved, and all suspensions
or convictions in which the person is or has been involved.
(5) By completing the application, both the
driver applicant and the motor carrier applicant shall be deemed to agree that
upon grant of the waiver, they will fulfill all conditions of the
waiver.
(c) Each driver
applicant for a waiver for limb impairment or amputation shall complete a skill
performance evaluation administered by a commission driver waiver program
manager or a commission special investigator. The driver and motor carrier
applicants shall secure the vehicle and provide the necessary insurance for the
skill performance evaluation. The skill performance evaluation may be waived if
the driver applicant has otherwise met the regulatory requirements of
49 C.F.R.
391.49 as adopted in K.A.R. 82-4-3g.
(d) If the application is
approved, a driver medical waiver card signed by the director and accompanied
by a letter acknowledging approval shall be issued by the commission. While on
duty, the driver medical waiver card shall be in the driver's possession. The
motor carrier shall retain the accompanying letter in its files at its
principal place of business during the period the driver is in the motor
carrier's employment. The motor carrier shall retain this letter for 12 months
after the termination of the driver's employment.
(e) If the application is denied, an order
setting forth an explanation for the denial and specifying the procedure for
appeal of the decision shall be issued by the commission.
(f) The waiver shall not exceed two years and
may be renewable upon submission and approval of a new application.
(g) All intrastate vision waiver recipients
shall be subject to the following conditions:
(1) Each driver shall be physically examined
every year by the following individuals:
(A) A
licensed ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard specified in
49 C.F.R.
391.41(b)(10) as adopted in
K.A.R. 82-4-3g ;
(B) a licensed
endocrinologist, diabetologist, or primary care physician who attests that the
glycated hemoglobin (HbA1C) is less than or equal to 8.0 mmol/mol;
and
(2) Each driver shall
provide a copy of the ophthalmologist's or optometrist's report to the medical
practitioner at the time of the annual medical examination.
(3) Each driver shall provide the motor
carrier with a copy of the annual medical reports for retention in the motor
carrier's driver qualification files.
(4) Each driver shall provide a copy of the
annual medical reports to the commission.
(h) The waiver may be revoked by the director
after the applicant has been given notice of the proposed revocation and has
been given a reasonable opportunity to show cause, if any, why the revocation
should not be made.
(i) Each motor
carrier and driver shall notify the director within 72 hours upon any
conviction of a moving violation or any revocation or suspension of driving
privileges.
(j) Written notice
shall be given to the director when any of the following occurs:
(1) A driver ceases employment with the
"original employer" with whom the waiver was first granted.
(2) A change occurs in employment duties or
functions.
(3) A change occurs in
the driver's medical condition.
(k) Written notice shall be given by both the
motor carrier and the driver within 10 days of any change in employment,
duties, or functions, except in cases of termination of employment. Notice of
termination of employment shall be given by both the motor carrier and the
driver within 72 hours of termination.
(l) A waiver shall become void upon
termination of employment from the motor carrier joint-applicant.
(m) Each application for renewal of waiver
shall be submitted at least 60 days before the expiration date of the existing
waiver.
Notes
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