OAR 735-063-0240: Waiver of Physical Disqualification

(1) This rule is applicable to holders of or applicants for a CDL, CLP 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 49 CFR 391.41 and 391.43 under 49 CFR 390.3(f), 391.2, 391.68 or 398.3 but must have a medical certificate under ORS 807.100. (2) For purposes of this rule, CMV means a commercial motor vehicle as defined in 49 CFR 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. (3) DMV may issue or renew a Waiver of Physical Disqualification if the person is otherwise disqualified from operating a CMV under 49 CFR 391.41(b) because of one or more of the following disqualifying conditions: (a) Loss or impairment of limb; (b) Seizure disorder; or (c) Hearing loss. (4) Except as provided in sections (3) and (12) 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 49 CFR 391.41(b). (5) To apply for a Waiver of Physical Disqualification, an applicant must submit the following: (a) A completed waiver application form, including: (A) A current FMCSA medical examination report completed by a certified medical examiner listed on the FMSCA National Registry of Certified Medical Examiners. The report must show that notwithstanding the disqualifying condition, the applicant meets all other physical qualification standards as set forth in 49 CFR 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 if the applicant has held a driver license in another jurisdiction during the three-year period preceding the date of application. (b) If requested by DMV, additional information showing that the disqualifying condition does not impair the person's ability to safely operate a CMV in intrastate commerce. (6) 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 guidelines are criteria maintained by the Medical Determination Officer and are available from DMV. (b) The Medical Determination Officer may request additional information from DMV or the applicant before making a recommendation. (7) 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 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 735-063-0350(4). Records include but are not limited to: (a) Driving record; (b) Accident record; (c) Conviction record; and (d) Medical records. (8) 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 735-063-0350; (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 735-063-0350(3). DMV may grant an additional 30 days if: (A) The person is seriously ill or injured and DMV receives a written request from a physician for an extension; (B) The person is temporarily out of state and DMV receives a written request for an extension from the person; or (C) The person can show that the information was requested from another party within the 60 day period and the delay in submitting the information was caused by the other party. (9) To be eligible for a Waiver of Physical Disqualification, a driver must: (a) Qualify for commercial driving privileges, have a valid Oregon CDL or CLP, or be an Oregon licensed driver employed by or seeking employment with a carrier to operate a CMV only in Oregon intrastate commerce; (b) Have driving privileges that are not suspended, revoked, cancelled or withdrawn in Oregon or any other jurisdiction; (c) Have a Waiver of Physical Disqualification that is not currently denied or revoked as specified in OAR 735-063-0350(1) or 735-063-0350 (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. (10) 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 any crash, arrest or conviction 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) 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; (e) Operate a CMV only in Oregon intrastate commerce. This subsection does not apply to a driver who is exempt from the physical qualification requirements in 49 CFR 391.41 and 391.43 under 49 CFR 390.3(f), 391.2, 391.68 or 398.3, but must have an approved medical certificate under ORS 807.100; and (f) Comply with all waiver conditions related to the disqualifying condition as noted on the Waiver of Physical Disqualification. (11) The waiver is valid for a period not to exceed the expiration date of the driver's medical certificate. (12) Incomplete waiver applications are invalid 180 days after receipt by DMV 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. (13) 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 (9) of this rule are met.