SB 639

Under current statutes, an applicant for a commercial driver license (CDL)

must provide to the Department of Transportation (DOT) a certification that he or

she either: 1) meets all of the driver qualifications contained in federal regulations

or in an alternative federally-approved driver qualification program established by

DOT by rule; or 2) meets all of the driver qualifications for drivers in intrastate

commerce as established by DOT by rule and he or she is applying for a CDL valid

only in this state for intrastate operation. DOT may not issue a CDL valid for use

in interstate commerce to an applicant who does not meet federal physical

qualification requirements for drivers, including those under an alternative

federally-approved driver qualification program, but may issue to such an applicant

a CDL restricted to authorizing the operation of commercial motor vehicles only in

intrastate commerce (restricted CDL).

DOT's current rules adopt specified provisions of federal motor carrier safety

regulations and, subject to various exceptions, make them applicable to drivers and

vehicles operating in intrastate commerce in the same manner the federal

regulations apply to interstate operation. These adopted regulations include

regulations relating to physical qualifications of drivers, but there are certain

exceptions and a driver may apply to DOT to be granted an exception relating to

diabetes if the driver is operating only intrastate. Although the federal regulation

requires that a driver have no established medical history or clinical diagnosis of

diabetes mellitus currently requiring insulin for control, an exception in DOT's rules

is available to a driver with diabetes controlled by insulin who obtains statements

from two licensed physicians indicating that the diabetes is not likely to cause loss

of ability to control or operate a motor vehicle. However, a driver is not eligible for

this diabetes exception in DOT's rules if he or she has had any moving violations or

any reportable at-fault accidents while driving any motor vehicle within the

three-year period prior to the date of the application for the exception.

Under this bill, an applicant for a restricted CDL who has diabetes controlled

by insulin is not eligible for a restricted CDL if the applicant had, in the three-year

period prior to the date of the application, any moving violation, or any reportable

at-fault accident, due to diabetes while operating any motor vehicle. DOT may not

establish by rule a more restrictive eligibility standard relating to moving violations

and at-fault accidents for these applicants.