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A provision of the Transportation Equity Act for the 21st Century (TEA-21) allowed the Secretary of Transportation to grant exemptions to regulations, providing that safety would not be “compromised” as a result. That language made it easier for the Department of Transportation (DOT) to issue exemptions (or waivers) to drivers with hearing problems and/or other medical conditions. TEA-21 was originally enacted June 9, 1998, as Public Law 105-178.
Commercial motor vehicle (CMV) drivers with certain medical or physical conditions may be able to take advantage of a medical exemption or waiver.
Regulations pertaining to waivers and exemptions. Part 381 of 49 CFR prescribes rules and procedures for requesting waivers and applying for exemptions from provisions of the Federal Motor Carrier Safety Regulations (FMCSRs). Part 381 was published in the Federal Register on December 8, 1998. The waiver and exemption process set forth in Part 381 considerably simplified the process of obtaining either a waiver or an exemption from certain provisions of the FMCSRs. The rules were written in “plain English” so they were easier to understand and follow. The regulations make explicit the differences between the two concepts (waiver and exemption).
Following you will find some very basic background information on the subject of waivers and exemptions, as dealt with in Part 381 of the FMCSRs.
Some background on the waiver and exemption methods. Section 4007 of TEA-21 amended several sections of the U.S. Code in Title 49, Transportation (specifically 49 U.S.C. 31315 and 31136(a)) that deal with the Secretary of Transportation’s authority to grant waivers and exemptions from the provisions of the FMCSR in certain cases.
A system of “pilot programs” is also authorized by Section 4007 of TEA-21. Such pilot programs are research studies in which an exemption(s) would be granted to allow innovative alternatives to some FMCSR provisions to be tested.
Waivers defined in Subpart B. In the language of the new Part 381 of the FMCSR, a waiver is designed to be “temporary regulatory relief from one or more of the FMCSR given to a person subject to the regulations.” Time period of the regulatory relief can be up to three months. Another element of the definition is that a waiver is “intended for unique, non-emergency events” and is subject to any conditions imposed by the FMCSA Administrator.
Exemptions defined in Subpart C. Then, in the language of the new Part 381, an exemption is also described as “temporary regulatory relief from one or more FMCSR.” The difference with this type of temporary regulatory relief is the timing. It can be granted for a period of up to two years, and it can be renewed at the end of that first period and subsequent two-year periods.
Exemptions may be granted from one or more requirements contained in the following parts and sections of the FMCSRs:
Procedural requirements of the system. Short-term waivers can be granted without any kind of public notice or solicitation of public comment in the Federal Register. When it comes to exemptions, though, the FMCSA is required to publish notices in the Federal Register for each exemption requested, and provide for public inspection/comment. If a request for an exemption is denied, public notice must also be filed in the Federal Register explaining why.
Getting waivers and/or exemptions. The process involved in requesting waivers or an exemption under the new system is pretty similar, except that more information is required in the case of an exemption. Planning ahead is a good idea in either case. With waivers, the FMCSA will respond within 60 days, and with exemptions response should come within 180 days of receipt of the application. The necessary steps and pieces of information are listed below.
To request a waiver: Send a written request (typed or handwritten letter) to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. The request should include the following specific information:
The application for a waiver must include:
To request an exemption: See requirement for submission of letter under waivers. Use same mailing address, except substitute the term “exemption” wherever you see waiver.
Same identification information is required, and a similar written statement must be submitted. Some additional information is required as part of the written statement, however.
The safety impact that the exemption must also be assessed, and the impacts that could be experienced if the exemption is not granted must be described. Finally, copies of any research reports, technical papers, or other documents referenced in the application must be included.
Vision exemption is eliminated. The alternative vision standard final rule effective March 22, 2022, eliminated the need for the Federal vision exemption program and the grandfather provision in 391.64. Individuals qualified under the grandfather provision and exemption holders had one year after the effective date or until March 21, 2023, to comply with the alternate vision standard.