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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 TEA-21 was originally enacted June 9, 1998, as Public Law 105-178.
Scope
Commercial motor vehicle (CMV) drivers with certain medical or physical conditions may be able to take advantage of a medical exemption or waiver.
Regulatory citations
- 49 CFR 381.200 — What is a waiver?
- 49 CFR 381.300 — What is an exemption?
Key definitions
- None
Summary of requirements
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.
- Part 381 — Waivers, exemptions, and pilot programs is made up of six subparts:
- Subpart A — General (describes the purpose and applicability of the part, and defines some terms.)
- Subpart B — Procedures for requesting waivers (provides plain-language description of waivers, the procedures to request a waiver, and the process to be used by the FMCSA to review requests.)
- Subpart C — Procedures for applying for exemptions (provides plain-language description of exemptions, the procedures to request exemptions, and the process to be used by the FMCSA to review requests.)
- Subpart D — Initiation of pilot programs (explains operation of pilot programs and describes how a pilot program can be initiated, along with a listing of the required information.)
- Subpart E — Administrative procedures for pilot programs (codifies in the FMCSR the statutory requirements that apply to pilot programs, so any interested party has a convenient reference to them.)
- Subpart F — Preemption of state rules (describes the federal preemption of any state-level law or regulation that would be in conflict with federally mandated waivers, exemptions, or pilot programs.)
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:
- Part 382 — Controlled Substances and Alcohol Use and Testing;
- Part 383 — Commercial Driver’s License Standards; Requirements and Penalties;
- Part 391 — Qualifications of Drivers;
- Part 392 — Driving of Commercial Motor Vehicles;
- Part 393 — Parts and Accessories Necessary for Safe Operation;
- Part 395 — Hours of Service of Drivers;
- Part 396 — Inspection, Repair, and Maintenance (except for 396.25); and
- Part 399 — Step, Handhold and Deck Requirements.
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:
- The identify the person or class of persons who would be covered by the waiver. The application for a waiver must include:
- Your name, job title, mailing address and daytime phone number
- The name of individual, carrier or other entity responsible for operation of the CMV during the period;
- Principal place of business for the motor carrier or other entity; and
- The USDOT identification number of the motor carrier
- A written statement containing:
- The reason the waiver is needed, including the time period during which it is needed;
- The specific regulation involved;
- An estimate of the number of drivers and CMVs that would be operated under the terms and conditions established;
- An assessment of the safety impacts the waiver may have;
- An explanation of how a level of safety can be maintained equivalent to (or greater than) than that which would be obtained if the regulation in question were complied with; and
- The impacts you could experience if the waiver is not granted by the FMCSA.
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.