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23.3.504    PHYSICAL QUALIFICATIONS FOR TYPE 1 ENDORSEMENT

(1) A person may not be issued, nor may he/she retain a type 1 endorsement, unless he/she is physically qualified to have the endorsement and has on his/her person the original or a photographic copy of a medical certificate certifying he/she is physically qualified to operate a commercial motor vehicle as required in federal regulations, 49 C.F.R. 391.43.

(2) A person is physically qualified to hold a type 1 endorsement if he/she:

(a) has no loss of a foot, a leg, a hand, or an arm; no impairment of a hand or finger which interferes with prehension or power grasping; no arm, foot, leg, or limb impairment which interferes with the ability to perform normal tasks associated with operating a motor vehicle; or has been granted a federal waiver or exemption;

(b) has no established medical history or clinical diagnosis of diabetes mellitus currently requiring the use of insulin for control;

(c) has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure;

(d) has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his/her ability to control and drive a motor vehicle safely;

(e) has no current clinical diagnosis of high blood pressure likely to interfere with his/her ability to operate a motor vehicle safely;

(f) has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, or vascular disease which interferes with his/her ability to control and operate a motor vehicle safely;

(g) has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a motor vehicle;

(h) has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to drive a motor vehicle safely;

(i) has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses, or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70 in the horizontal meridian in each eye, and the ability to recognize the colors on traffic signals and devices showing standard red, green, and amber;

(j) first perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 50 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard Z24.5-1951;

(k) does not use an amphetamine, narcotic, or any habit-forming drug; and

(l) has no current clinical diagnosis of alcoholism.

(3) If a commercial driver cannot meet the physical qualifications set forth in this section, he or she may attempt to qualify for a type 2 commercial operator's endorsement (intrastate operation only) under the provisions of ARM 23.3.506 and, if so qualified, will be issued a Montana medical qualification card valid for the life of the current commercial license.

(4) Upon renewal, persons having qualified under section 3 above shall present a federal D.O.T. medical card, or complete the medical statement contained as a part of the commercial vehicle operator's endorsement application, and may be required to furnish a report from a physician indicating whether the condition(s) has worsened or whether any other disqualifying condition exists.

History: Secs. 61-5-112, 61-5-117, 61-5125 MCA; IMP, Secs. 61-5-104, 61-5-105, 61-5-110 to 61-5-112, 61-5-201 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1990 MAR p. 2114, Eff. 11/30/90.

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