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not passed a full medical examination, or any candidate whose endocrinologist does not believe that individual is fit for the rigors of commercial driving.

The Association also supports the special conditions and requirements on the actual operation of a commercial motor vehicle by individuals with insulin-treated diabetes, including the requirements to test blood glucose levels frequently and only drive if levels are within a designated range. By ensuring that commercial drivers with insulin-treated diabetes follow a strict regimen to manage their disease, both their health and the public safety area served.

Similarly, the Association supports the stringent monitoring provisions that require ongoing medical evaluations including providing records of all daily glucose measurements. The Association has long believed that ongoing self-management training and education is the cornerstone of healthy living for all people with insulin-treated diabetes, and is pleased that the proposed rule includes these provisions in the protocol.

The Devastating Three-Year Requirement

Unfortunately, the proposed rule would provide little practical benefit to people with diabetes because of the provision mandating that, in order even to apply for an exemption from the blanket prohibition, an applicant must have spent the previous three years operating a commercial vehicle while using insulin to treat his or her diabetes. Under the proposed rule, there are only two ways a person with insulin-treated diabetes would even be able to be considered for an exemption:

  • 1.

    The person has hidden his or her use of insulin for three years and unlawfully operated a commercial motor vehicle for that same period of time; or

  • 2.

    The person has been able to find and hold a job driving a commercial vehicle in intrastate commerce for three years by residing in one of the states that permits an individual with insulin-treated diabetes to obtain an intrastate CDL, meeting the particular qualification standards of that state, and finding an employer willing and able to provide a commercial driving position strictly limited to intrastate commerce.

Currently, about forty states allow some people with insulin-treated diabetes to drive commercial vehicles in intrastate commerce with various limitations depending upon the state. These state “waiver” programs are, however, an extremely poor mechanism for a person to meet the proposed three-year requirement. First, a significant number of states don’t have a waiver program, subsequently limiting the proposed rule’s benefit based on random geography. Second, even if an individual does live in a state with a waiver program, it is quite possible that he or she may not meet the state’s unique eligibility requirements, as there are no uniform standards and the criteria for participation varies dramatically from

state to state. Some waiver programs automatically exclude anyone who was not back as the mid-1980’s. Perhaps most

are limited to “grandfather” provisions that licensed as of a certain date, many times as far significantly, “intrastate commerce” – as an

economic event – Most routes take

is a very rare commercial driving a driver through multiple states.

opportunity in And, even for

today’s business world. those drivers who stay

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