…and while we’re at it let’s talk again about 391.64, since both 391.62 and 391.64 can be a source of confusion.

We saw in an earlier post that when filling out the medical examiner’s certificate certain boxes can confuse medical examiners, drivers, and motor carriers.  The box “qualified by operation of 49 CFR 391.64” is specifically reserve for drivers who participated in a diabetes and vision grandfathering study conducted by the FMCSA in 1996 (also see earlier post about the differences between the Federal Vision Exemption Program and 391.64).

The box “qualified by operation of 49 CFR 391.62” is another source of confusion.  This box is reserved for individuals who could not meet Federal regulations but were otherwise qualified and operating a commercial vehicle since November 18, 1988 in a municipality or exempted intracity zone.  The disqualifying condition should not have worsened sine July 1, 1988.  Both CFR 391.62 and 391.64 require the individual to present the examiner with the documents granting them such exemptions and these drivers are re-certified annually.  Both exemptions are rare.   So if you certify a driver for 2 years and check any one of the two boxes marked for 391.62 or 391.64, you are in fact providing conflicting expiration dates and your medical examiner’s certificate would be invalid since these boxes automatically restrict drivers to 1 year.  (most likely, the medical examiner’s certificate will be returned to the driver and you will have to re-issue a new one).  The letter from the Pennsylvania DOT in the reference below illustrates this point well.

(d) Any driver authorized to operate a commercial motor vehicle within an exempt intracity zone pursuant to § 391.62 of this part shall furnish the examining medical examiner with a copy of the medical findings that led to the issuance of the first certificate of medical examination which allowed the driver to operate a commercial motor vehicle wholly within an exempt intracity zone.

 

References:

1. Cornell Law:  http://www.law.cornell.edu/cfr/text/49/391.62
2.  Govermnent Printing Office authenticated Government Information
3. Pennsylvania Department of transportation document and sample medical examiner’s certificate.  PennDOT Document.