I'm thinking about starting a second career as a contractor. As such, I would need to haul heavy equipment to and from jobsites every now and then. To do this, I need a commercial driver's license, and to get one of those, I need a DOT (Department of Transportation) medical card, which I get by passing a physical test.
Problem is, I am deaf, and the governing federal rule (49 CFR 391.41(b)(11)) requires that you have good hearing. My understanding is that this is one of the few rules about drivers' physical qualifications that the FMCSA/DOT is strict about, and that it will waive pretty much all other rules and let you drive even if you have poor vision, diabetes, or have lost a limb or two.
(Note: Other than 391.41(b)(11) I have no problems passing a DOT physical; I'm in excellent health, and have a spotless driving record).
My understanding is that the FMCSA has the authority to waive 49 CFR 391.41(b)(11) if it wants to. But I have looked all over the DOT's docket database, but can't find find any record of that happening.
Does anyone know if that has happened? And if not, would one find support in the ADA and/or with the EEOC in petitioning the FMCSA/DOT for a waiver?
One potential arguments would be that the FMCSA's bar against deaf drivers is arbitrary and capricious since it's an absolute bar and leaves no room for medical and driver skill examiners to make a judgment, that the FMCSA's rules on waivers have little bearing on driver safety (I'd argue that vision is far more important to a driver than hearing, so it makes little sense to waive vision requirements but not hearing requirements).
Another potential argument is that there is little rational basis for the FMCSA's ban on deaf CDL drivers; when the FMCSA studied this back in 1993 or so, they found that there were no good studies showing that deaf drivers are more accident-prone than others.
A third argument is that it is arbitrary and capricious because it completely exempts one class of workers; farmers can drive CDL vehicles on public roads
(up to 150 miles from their farm) as long as it is to haul farm products or equipment, but don't need a DOT medical or even a CDL drivers license.
Finally, since I don't need to drive interstate but only in my own state (Virginia), I could at least theoretically get an intrastate CDL, and then wouldn't have to worry about the federal rules.
However, it appears that Virginia's requirements for intrastate CDL drivers are virtually identical to the FMCSA's requirements for interstate CDL drivers. If I read the Virginia code correctly, the Virginia DMV has the authority to waive all medical requirements for intrastate drivers. However, the actual waiver form on the Virginia DMV website says that the 49 CFR 391.41(b)(11) requirements will not be waived.
Where should I go from here?
Thanks!
Fredrik
Problem is, I am deaf, and the governing federal rule (49 CFR 391.41(b)(11)) requires that you have good hearing. My understanding is that this is one of the few rules about drivers' physical qualifications that the FMCSA/DOT is strict about, and that it will waive pretty much all other rules and let you drive even if you have poor vision, diabetes, or have lost a limb or two.
(Note: Other than 391.41(b)(11) I have no problems passing a DOT physical; I'm in excellent health, and have a spotless driving record).
My understanding is that the FMCSA has the authority to waive 49 CFR 391.41(b)(11) if it wants to. But I have looked all over the DOT's docket database, but can't find find any record of that happening.
Does anyone know if that has happened? And if not, would one find support in the ADA and/or with the EEOC in petitioning the FMCSA/DOT for a waiver?
One potential arguments would be that the FMCSA's bar against deaf drivers is arbitrary and capricious since it's an absolute bar and leaves no room for medical and driver skill examiners to make a judgment, that the FMCSA's rules on waivers have little bearing on driver safety (I'd argue that vision is far more important to a driver than hearing, so it makes little sense to waive vision requirements but not hearing requirements).
Another potential argument is that there is little rational basis for the FMCSA's ban on deaf CDL drivers; when the FMCSA studied this back in 1993 or so, they found that there were no good studies showing that deaf drivers are more accident-prone than others.
A third argument is that it is arbitrary and capricious because it completely exempts one class of workers; farmers can drive CDL vehicles on public roads
(up to 150 miles from their farm) as long as it is to haul farm products or equipment, but don't need a DOT medical or even a CDL drivers license.
Finally, since I don't need to drive interstate but only in my own state (Virginia), I could at least theoretically get an intrastate CDL, and then wouldn't have to worry about the federal rules.
However, it appears that Virginia's requirements for intrastate CDL drivers are virtually identical to the FMCSA's requirements for interstate CDL drivers. If I read the Virginia code correctly, the Virginia DMV has the authority to waive all medical requirements for intrastate drivers. However, the actual waiver form on the Virginia DMV website says that the 49 CFR 391.41(b)(11) requirements will not be waived.
Where should I go from here?
Thanks!
Fredrik