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
The Panel determined that this minimum
period of insulin use is what consequently, safe operation of
it is a
On November 8, 2005, FMCSA exemption program to eliminate
fulfilled the mandate of the draconian three-year
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).