Mont. Admin. r. 23.3.506 - PHYSICAL QUALIFICATIONS FOR TYPE 2 ENDORSEMENT

(1) A person may not be issued, nor may he/she retain a type 2 endorsement, unless he/she:

(a) has no loss of a foot, a leg, a hand, or an arm; no impairment of a hand or finger which interferes with prehension or power grasping; no arm, foot, leg, or limb impairment which interferes with the ability to perform normal tasks associated with operating a motor vehicle; or he/she has been granted a federal waiver or exemption or has demonstrated through a road test that the loss or impairment of a limb or extremity does not significantly affect his/her driving ability as determined by the examiner who conducts the test;

(b) has no established medical history or clinical diagnosis of diabetes mellitus currently requiring the use of insulin for control, unless he/she supplies a statement from his/her physician which indicates that he/she has not suffered from any loss of consciousness or control from the condition for the preceding 3 years, and that the condition is currently controlled;

(c) has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure, with any episode within the last 12 months;

(d) has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his/her ability to control and drive a motor vehicle safely;

(e) has no current clinical diagnosis of high blood pressure likely to interfere with his/her ability to operate a motor vehicle safely;

(f) has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, or vascular disease which interferes with his/her ability to control and operate a motor vehicle safely;

(g) has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a motor vehicle unless he/she has not had any episode of loss of consciousness or control within the preceding 5 years as certified by his/her physician;

(h) has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to drive a motor vehicle safely;

(i) has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses, or visual acuity separately corrected in one or both eyes to 20/40 (Snellen) or better with corrective lenses. Applicants with binocular vision shall have a field vision of at least 70° in the horizontal meridian in each eye, and monocular applicants shall have a field vision of at least 70° temporal and 30° nasal;

(j) first perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard Z24.5-1951;

(k) does not use:

(i) any drug or substance identified in 21 CFR 1308.11 Schedule I, an amphetamine, narcotic, or any habit-forming drug; or

(ii) any non-Schedule I drug or substance that is identified in the other Schedules in 21 CFR part 1308 except when the use is prescribed by a licensed medical practitioner, as defined in 49 CFR 382.107, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle; and

(l) has no current clinical diagnosis of alcoholism.

Notes

Mont. Admin. r. 23.3.506

NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89; AMD, 2014 MAR p. 117, Eff. 1/17/14.

61-5-112, 61-5-125, MCA; IMP, 61-5-104, 61-5-105, 61-5-110, 61-5-111, 61-5-112, MCA;