X hits on this document

174 views

0 shares

0 downloads

0 comments

10 / 42

Thus, the rules and regulations that FMCSA applies to all drivers to ensure their health and safety, including provisions for training and hours of duty, should be applied equally to people with diabetes.

(3) FMCSA also requests public comments on the changes made in the current exemption program for CMV drivers with ITDM that were made by the November 8, 2005 Notice.

SAFETEA-LU required that FMCSA revise the September 2003 rule establishing the Diabetes Exemption Program by doing two things: remove the requirement that individuals with insulin-treated diabetes have experience operating a commercial vehicle while using insulin; and require a minimum period of insulin use to demonstrate control of diabetes consistent with the findings of the Expert Medical Panel convened by FMCSA in 1999-2000 to study this issue.

The language in SAFETEA-LU that eliminated the requirement of three years of prior commercial driving experience while using insulin helped bring the Diabetes Exemption

Program in line with the recommendations of FMCSA’s experts. The

unsupported in medicine or law, and from even applying for an exemption.

prevented the vast majority of From the outset it eliminated

“three year rule” was people with diabetes entire populations of

otherwise qualified drivers because Because only some states allowed because there are few employment

the driving experience itself was so difficult to attain. insulin-treated individuals to drive commercially, and opportunities comprising solely intrastate commercial

driving, it was nearly impossible for individuals to gain importantly, requiring that an individual have three years while using insulin was unnecessary to ensure that

the requisite experience. Most of commercial driving experience highway safety would not be

compromised by medical practice

issuing an exemption. The three year rule was not based on the current of diabetes management, and in fact, ran counter to the testimony of the

Expert Medical Panel Congress25 stated that

convened by FMCSA to study the Panel discussed the need for

this issue. a period of

The 2000 Report to time to adjust to insulin

use before commencing for a person to adjust to

commercial driving, and recommended a one or two month period insulin use before seeking to obtain a commercial driver’s license.

The Panel allowed for an extension of this period if the treating physician deemed

necessary.

The Panel determined that this minimum

medically

necessary

to

establish

control

of

diabetes,

and

period of insulin use is what consequently, safe operation of

it is a

commercial vehicle.

On November 8, 2005, FMCSA exemption program to eliminate

fulfilled the mandate of the draconian three-year

SAFETEA-LU by

revising the

rule.

However,

rather than

implementing

SAFETEA-LU

as

intended

by

Congress,

FMCSA

instead

added

an

additional

requirement

effective

immediately

  • and

without

the

opportunity

for

public

comment

  • that

25 A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin Treated Diabetes Mellitus to Operate Commercial Motor Vehicles in Interstate Commerce as Directed by the Transportation Equity Act for the 21st Century (July 2000) (available at Docket No. FMCSA--2001-9800).

10

Document info
Document views174
Page views179
Page last viewedFri Dec 09 18:45:29 UTC 2016
Pages42
Paragraphs926
Words20105

Comments