[Federal Register Volume 65, Number 84 (Monday, May 1, 2000)]
[Rules and Regulations]
[Pages 25285-25290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10700]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 391
RIN 2126-AA45
Federal Motor Carrier Safety Regulations; Technical Amendments
AGENCY: Federal Motor Carrier Safety Administration (FMCSA).
ACTION: Final rule; technical amendment.
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SUMMARY: This document makes technical amendments to the Federal Motor
Carrier Safety Regulations (FMCSRs) to update the rules concerning
qualifications of drivers who have loss or impairment of limbs by
changing the designated official who authorizes and signs the skill
performance evaluation (SPE) certificate for such drivers, and to
remove the reference to ``waiver.'' These amendments are necessitated
by an agency organizational restructuring and by changes in the
statute. The effect of these amendments is to update the regulations
regarding the standards for evaluating requests for SPE certificates.
DATES: The effective date of this rule is May 1, 2000.
FOR FURTHER INFORMATION CONTACT: For information about the amendments
contained in this rule, Ms. Teresa Doggett, Office of Bus and Truck
Standards and Operations, HMCS-20, (202) 366-2990; for information
about legal issues related to this rule, Ms. Judith Rutledge, Office of
the Chief Counsel, (202) 366-1353, FMCSA, 400 Seventh Street, SW.,
Washington, DC 20590-0001. Office hours are from 7:45 a.m. to 4:15
p.m., e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the Government Printing
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet
users may
[[Page 25286]]
reach the Office of the Federal Register's home page at: http://www.nara.gov/fedreg and the Government Printing Office's database at:
http://www.access.gpo.gov/nara.
Background
The Secretary has rescinded the authority previously delegated to
the Office of Motor Carrier Safety (OMCS) to perform motor carrier
functions and operations. This authority has been redelegated to the
Administrator, FMCSA, a new agency within the Department of
Transportation [65 FR 220, January 4, 2000]. The new FMCSA assumes the
motor carrier functions previously performed by the Federal Highway
Administration's (FHWA's) Office of Motor Carrier and Highway Safety
(OMCHS) before October 19, 1999, and the OMCS before January 1, 2000.
Ongoing rulemaking, enforcement, and other activities of the FMCSA,
initiated while part of the FHWA or OMCS, will be continued by the
FMCSA. The redelegation will cause no changes in the motor carrier
functions and operations of the offices or field service centers
(formerly resource centers).
The authority to require medical certification of CMV driver
qualification was originally granted to the Interstate Commerce
Commission (ICC) in the Motor Carrier Act of 1935 (Public Law 74-255,
49 Stat. 543). The authority was transferred to the DOT in 1966 and is
currently codified at 49 U.S.C. 31502(b).
The importance of physical qualification of commercial drivers was
recognized in 1939 when the first regulatory medical standard was
established by the ICC. Those regulations, published at 4 FR 2294 on
June 7, 1939, required a driver to possess the following minimum
qualifications:
Good physical and mental health; good eyesight; adequate hearing;
no addiction to narcotic drugs; and no excessive use of alcoholic
beverages or liquors.
The first change to this standard was initiated in 1952 and went
into effect on January 1, 1954. The certificate of physical examination
required under the 1954 rule was slightly more specific than the 1939
regulation, and also required a physical examination form and a
doctor's certificate. A second revision made in 1964 (29 FR 14495,
October 22, 1964) amended the standard to allow limb-amputee and limb-
impaired drivers, who are otherwise eligible, to become medically
qualified through a waiver program. On April 22, 1970 (35 FR 6458) in
light of discussions with the FHWA medical advisors, the existing
physical qualification requirements were substantially tightened by
including guidelines for evaluation of persons in high-risk medical
categories. This rule also provided that the examining physician be
given full information about the responsibilities of and the exacting
demands made on commercial drivers.
In 1984, the Congress provided the Department of Transportation
with alternative regulatory authority with the enactment of the Motor
Carrier Safety Act of 1984 (Public Law 98-554, 98 Stat. 2832). This Act
directed the Secretary to establish minimum safety standards to ensure
that ``the physical condition of operators of commercial motor vehicles
is adequate to enable them to operate such vehicles safely * * *.'' 49
U.S.C. 31136(a)(3).
On June 9, 1998, the FHWA's waiver authority changed with enactment
of the Transportation Equity Act for the 21st Century (TEA-21), Public
Law 105-178, 112 Stat. 107. Section 4007 of TEA-21 amended the waiver
provisions of 49 U.S.C. 31136(e) and 31315 to change the standard for
evaluating waiver requests, to distinguish between a waiver and an
exemption, and to establish term limits for both. Under revised section
31136(e), the FMCSA may grant a waiver for a period of up to 3 months
or an exemption for a renewable 2-year period.
The amendments to 49 U.S.C. 31136(e) also changed the criteria for
exempting a person from application of a regulation. Previously an
exemption was appropriate if it was consistent with the public interest
and the safe operation of CMVs. Now the FMCSA may grant an exemption if
it finds ``such exemption would likely achieve a level of safety that
is equivalent to, or greater than, the level that would be achieved
absent such exemption.'' According to the legislative history, the
Congress changed the statutory standard to give the agency greater
discretion to consider exemptions. The previous standard was judicially
construed as requiring an advance determination that absolutely no
reduction in safety would result from an exemption. The Congress
revised the standard to require that an ``equivalent'' level of safety
be achieved by the exemption, which would allow for more equitable
resolution of such matters, while ensuring safety standards are
maintained.
Section 391.41(b)(1) of 49 CFR states that a person is physically
qualified to drive a motor vehicle if that person:
(1) Has no loss of a foot, a leg, a hand, or an arm, or has been
granted a waiver pursuant to Sec. 391.49;
(2) Has no impairment of:
(i) A hand or finger which interferes with prehension or power
grasping; or
(ii) An arm, foot, or leg which interferes with the ability to
perform normal tasks associated with operating a motor vehicle; or any
other significant limb defect or limitation which interferes with the
ability to perform normal tasks associated with operating a commercial
motor vehicle; or has been granted a waiver pursuant to Sec. 391.49.
The Handicapped Driver Waiver Program, established in 1964 under 49
CFR 391.49 (waiver of physical defects), provides an opportunity for
physically challenged drivers, who do not meet the physical
qualification requirements under Secs. 391.41(b)(1) or (b)(2), but who
are otherwise qualified, to become medically qualified to operate
commercial motor vehicles in interstate commerce.
This rule amends Sec. 391.49 by revising the title of the section
and removing all references to ``Regional Director of motor carriers,
regional offices(s),'' ``waiver,'' and ``region'' and replacing them
with ``State Director, FMCSA,'' ``Skill performance evaluation
certificate,'' and ``State of legal residence,'' respectively.
Rulemaking Analyses and Notices
The Administrative Procedure Act (APA), 5 U.S.C. 551 et seq.,
allows agencies engaged in rulemaking to dispense with prior notice and
opportunity for comment when the agency for good cause finds that such
procedures are impracticable, unnecessary, or contrary to the public
interest. This amendment merely reflects a change in the name of the
Handicapped Driver Waiver Program, a change in the title of the
designated official authorized to sign the SPE certificate, and the
merging of the SPE certificate form into current regulations. As a
result, the FMCSA has determined that prior notice and opportunity for
public comment on this action are unnecessary.
Furthermore, due to the technical nature of this amendment, the
FMCSA has determined that prior notice and opportunity for public
comment are not required under the Department's regulatory policies and
procedures, as it is not anticipated that such action will result in
the receipt of useful information. The APA, under 5 U.S.C. 553(d)(3),
also allows agencies, upon a finding of good cause, to make a rule
effective immediately and avoid the otherwise applicable 30-day delayed
effective date requirement. The FMCSA finds that good cause exists to
dispense with the 30-day delay in the effective
[[Page 25287]]
date in this instance due to the minor and technical nature of these
amendments. Thus, the FMCSA is proceeding directly with a final rule
which will be effective on its date of publication.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FMCSA has determined this action is not major within the
meaning of Executive Order 12866 or significant within the meaning of
Department of Transportation regulatory policies and procedures. Since
this final rule makes only those technical changes to current
regulatory language discussed above, the FMCSA hereby certifies that
this action will not have a significant economic impact on a
substantial number of small entities.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FMCSA has evaluated the effects of this rule on small
entitles. Based on the evaluation, and particularly because this final
rule makes only those technical changes to current regulatory language
discussed above, the FMCSA hereby certifies that this action will not
have a significant economic impact on a substantial number of small
entities.
Executive Order 13132 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132 dated August 4, 1999, and
it has been determined this action does not have a substantial direct
effect or sufficient federalism implications on States that would limit
the policymaking discretion of the States. Nothing in this document
directly preempts any State law or regulation.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.217, Motor
Carrier Safety. The regulations implementing Executive Order 12372
regarding intergovernmental consultation on Federal programs and
activities do not apply to this program.
National Environmental Policy Act
The agency has analyzed this rulemaking for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 432 et seq.) and
has determined that this action would not have any effect on the
quality of the environment.
Unfunded Mandates Reform Act of 1995
This rule does not impose a Federal mandate resulting in the
expenditure by State, local and tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any one year. (2
U.S.C. 1531 et seq.).
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-
3520), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor or require through regulations. An analysis of this
rule has been made by the FMCSA, and it has been determined that the
actions outlined in these technical amendments are covered under a
currently-approved information collection, OMB Control No. 2126-0006,
Medical Qualifications Requirements, (which is approved through
September 30, 2000). No revisions to this current clearance are
necessary due to this action.
Executive Order 12988 (Civil Justice Reform)
This action meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
We have analyzed this action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
concern an environmental risk to health or safety that may
disproportionately affect children.
Executive Order 12630 (Taking of Private Property)
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and interference with Constitutionally Protected Property
Rights.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Part 391
Driver qualifications-physical examinations, Highway safety, Motor
carriers, Motor vehicle safety.
Issued on: April 24, 2000.
Julie Anna Cirillo,
Acting Deputy Administrator.
In consideration of the foregoing, the FMCSA amends title 49, Code
of Federal Regulations, chapter III, part 391 as set forth below:
PART 391--QUALIFICATIONS OF DRIVERS
1. Revise the authority citation for part 391 to read as follows:
Authority: 49 U.S.C. 322, 504, 31133, 31136, and 31502; and 49
CFR 1.73.
2. Revise Sec. 391.49 to read as follows:
Sec. 391.49 Alternative physical qualification standards for the loss
or impairment of limbs.
(a) A person who is not physically qualified to drive under
Sec. 391.41(b)(1) or (b)(2) and who is otherwise qualified to drive a
commercial motor vehicle, may drive a commercial motor vehicle, if the
State Director, FMCSA, has granted a Skill Performance Evaluation (SPE)
Certificate to that person.
(b) SPE certificate.--(1) Application. A letter of application for
an SPE certificate may be submitted jointly by the person (driver
applicant) who seeks an SPE certificate and by the motor carrier that
will employ the driver applicant, if the application is accepted.
(2) Application address. The application must be addressed to the
applicable field service center, FMCSA, for the State in which the co-
applicant motor carrier's principal place of business is located. The
address of each, and the States serviced, are listed in Sec. 390.27 of
this chapter.
(3) Exception. A letter of application for an SPE certificate may
be submitted unilaterally by a driver applicant. The application must
be addressed to the field service center, FMCSA, for the State in which
the driver has legal residence. The driver applicant must comply with
all the requirements of paragraph (c) of this section except those in
(c)(1)(i) and (iii). The driver applicant shall respond to the
requirements of paragraphs (c)(2)(i) to (v) of this section, if the
information is known.
(c) A letter of application for an SPE certificate shall contain:
(1) Identification of the applicant(s):
(i) Name and complete address of the motor carrier coapplicant;
(ii) Name and complete address of the driver applicant;
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(iii) The U.S. DOT Motor Carrier Identification Number, if known;
and
(iv) A description of the driver applicant's limb impairment for
which SPE certificate is requested.
(2) Description of the type of operation the driver will be
employed to perform:
(i) State(s) in which the driver will operate for the motor carrier
coapplicant (if more than 10 States, designate general geographic area
only);
(ii) Average period of time the driver will be driving and/or on
duty, per day;
(iii) Type of commodities or cargo to be transported;
(iv) Type of driver operation (i.e., sleeper team, relay, owner
operator, etc.); and
(v) Number of years experience operating the type of commercial
motor vehicle(s) requested in the letter of application and total years
of experience operating all types of commercial motor vehicles.
(3) Description of the commercial motor vehicle(s) the driver
applicant intends to drive:
(i) Truck, truck tractor, or bus make, model, and year (if known);
(ii) Drive train;
(A) Transmission type (automatic or manual--if manual, designate
number of forward speeds);
(B) Auxiliary transmission (if any) and number of forward speeds;
and
(C) Rear axle (designate single speed, 2 speed, or 3 speed).
(iii) Type of brake system;
(iv) Steering, manual or power assisted;
(v) Description of type of trailer(s) (i.e., van, flatbed, cargo
tank, drop frame, lowboy, or pole);
(vi) Number of semitrailers or full trailers to be towed at one
time;
(vii) For commercial motor vehicles designed to transport
passengers, indicate the seating capacity of commercial motor vehicle;
and
(viii) Description of any modification(s) made to the commercial
motor vehicle for the driver applicant; attach photograph(s) where
applicable.
(4) Otherwise qualified:
(i) The coapplicant motor carrier must certify that the driver
applicant is otherwise qualified under the regulations of this part;
(ii) In the case of a unilateral application, the driver applicant
must certify that he/she is otherwise qualified under the regulations
of this part.
(5) Signature of applicant(s):
(i) Driver applicant's signature and date signed;
(ii) Motor carrier official's signature (if application has a
coapplicant), title, and date signed. Depending upon the motor
carrier's organizational structure (corporation, partnership, or
proprietorship), the signer of the application shall be an officer,
partner, or the proprietor.
(d) The letter of application for an SPE certificate shall be
accompanied by:
(1) A copy of the results of the medical examination performed
pursuant to Sec. 391.43;
(2) A copy of the medical certificate completed pursuant to
Sec. 391.43(e);
(3) A medical evaluation summary completed by either a board
qualified or board certified physiatrist (doctor of physical medicine)
or orthopedic surgeon. The coapplicant motor carrier or the driver
applicant shall provide the physiatrist or orthopedic surgeon with a
description of the job-related tasks the driver applicant will be
required to perform;
(i) The medical evaluation summary for a driver applicant
disqualified under Sec. 391.41(b)(1) shall include:
(A) An assessment of the functional capabilities of the driver as
they relate to the ability of the driver to perform normal tasks
associated with operating a commercial motor vehicle; and
(B) A statement by the examiner that the applicant is capable of
demonstrating precision prehension (e.g., manipulating knobs and
switches) and power grasp prehension (e.g., holding and maneuvering the
steering wheel) with each upper limb separately. This requirement does
not apply to an individual who was granted a waiver, absent a
prosthetic device, prior to the publication of this amendment.
(ii) The medical evaluation summary for a driver applicant
disqualified under Sec. 391.41(b)(2) shall include:
(A) An explanation as to how and why the impairment interferes with
the ability of the applicant to perform normal tasks associated with
operating a commercial motor vehicle;
(B) An assessment and medical opinion of whether the condition will
likely remain medically stable over the lifetime of the driver
applicant; and
(C) A statement by the examiner that the applicant is capable of
demonstrating precision prehension (e.g., manipulating knobs and
switches) and power grasp prehension (e.g., holding and maneuvering the
steering wheel) with each upper limb separately. This requirement does
not apply to an individual who was granted an SPE certificate, absent
an orthotic device, prior to the publication of this amendment.
(4) A description of the driver applicant's prosthetic or orthotic
device worn, if any;
(5) Road test:
(i) A copy of the driver applicant's road test administered by the
motor carrier coapplicant and the certificate issued pursuant to
Sec. 391.31(b) through (g); or
(ii) A unilateral applicant shall be responsible for having a road
test administered by a motor carrier or a person who is competent to
administer the test and evaluate its results.
(6) Application for employment:
(i) A copy of the driver applicant's application for employment
completed pursuant to Sec. 391.21; or
(ii) A unilateral applicant shall be responsible for submitting a
copy of the last commercial driving position's employment application
he/she held. If not previously employed as a commercial driver, so
state.
(7) A copy of the driver applicant's SPE certificate of certain
physical defects issued by the individual State(s), where applicable;
and
(8) A copy of the driver applicant's State Motor Vehicle Driving
Record for the past 3 years from each State in which a motor vehicle
driver's license or permit has been obtained.
(e) Agreement. A motor carrier that employs a driver with an SPE
certificate agrees to:
(1) File promptly (within 30 days of the involved incident) with
the Medical Program Specialist, FMCSA service center, such documents
and information as may be required about driving activities, accidents,
arrests, license suspensions, revocations, or withdrawals, and
convictions which involve the driver applicant. This applies whether
the driver's SPE certificate is a unilateral one or has a coapplicant
motor carrier;
(i) A motor carrier who is a coapplicant must file the required
documents with the Medical Program Specialist, FMCSA for the State in
which the carrier's principal place of business is located; or
(ii) A motor carrier who employs a driver who has been issued a
unilateral SPE certificate must file the required documents with the
Medical Program Specialist, FMCSA service center, for the State in
which the driver has legal residence.
(2) Evaluate the driver with a road test using the trailer the
motor carrier intends the driver to transport or, in lieu of, accept a
certificate of a trailer road test from another motor carrier if the
trailer type(s) is similar, or accept the trailer road test done during
the Skill Performance Evaluation if it is a similar trailer type(s) to
that of the prospective motor carrier. Job tasks, as stated in
paragraph (e)(3) of this section, are not
[[Page 25289]]
evaluated in the Skill Performance Evaluation;
(3) Evaluate the driver for those nondriving safety related job
tasks associated with whatever type of trailer(s) will be used and any
other nondriving safety related or job related tasks unique to the
operations of the employing motor carrier; and
(4) Use the driver to operate the type of commercial motor vehicle
defined in the SPE certificate only when the driver is in compliance
with the conditions and limitations of the SPE certificate.
(f) The driver shall supply each employing motor carrier with a
copy of the SPE certificate.
(g) The State Director, FMCSA, may require the driver applicant to
demonstrate his or her ability to safely operate the commercial motor
vehicle(s) the driver intends to drive to an agent of the State
Director, FMCSA. The SPE certificate form will identify the power unit
(bus, truck, truck tractor) for which the SPE certificate has been
granted. The SPE certificate forms will also identify the trailer type
used in the Skill Performance Evaluation; however, the SPE certificate
is not limited to that specific trailer type. A driver may use the SPE
certificate with other trailer types if a successful trailer road test
is completed in accordance with paragraph (e)(2) of this section. Job
tasks, as stated in paragraph (e)(3) of this section, are not evaluated
during the Skill Performance Evaluation.
(h) The State Director, FMCSA, may deny the application for SPE
certificate or may grant it totally or in part and issue the SPE
certificate subject to such terms, conditions, and limitations as
deemed consistent with the public interest. The SPE certificate is
valid for a period not to exceed 2 years from date of issue, and may be
renewed 30 days prior to the expiration date.
(i) The SPE certificate renewal application shall be submitted to
the Medical Program Specialist, FMCSA service center, for the State in
which the driver has legal residence, if the SPE certificate was issued
unilaterally. If the SPE certificate has a coapplicant, then the
renewal application is submitted to the Medical Program Specialist,
FMCSA field service center, for the State in which the coapplicant
motor carrier's principal place of business is located. The SPE
certificate renewal application shall contain the following:
(1) Name and complete address of motor carrier currently employing
the applicant;
(2) Name and complete address of the driver;
(3) Effective date of the current SPE certificate;
(4) Expiration date of the current SPE certificate;
(5) Total miles driven under the current SPE certificate;
(6) Number of accidents incurred while driving under the current
SPE certificate, including date of the accident(s), number of
fatalities, number of injuries, and the estimated dollar amount of
property damage;
(7) A current medical examination report;
(8) A medical evaluation summary pursuant to paragraph (d)(3) of
this section, if an unstable medical condition exists. All handicapped
conditions classified under Sec. 391.41(b)(1) are considered unstable.
Refer to paragraph (d)(3)(ii) of this section for the condition under
Sec. 391.41(b)(2) which may be considered medically stable.
(9) A copy of driver's current State motor vehicle driving record
for the period of time the current SPE certificate has been in effect;
(10) Notification of any change in the type of tractor the driver
will operate;
(11) Driver's signature and date signed; and
(12) Motor carrier coapplicant's signature and date signed.
(j)(1) Upon granting an SPE certificate, the State Director, FMCSA,
will notify the driver applicant and co-applicant motor carrier (if
applicable) by letter. The terms, conditions, and limitations of the
SPE certificate will be set forth. A motor carrier shall maintain a
copy of the SPE certificate in its driver qualification file. A copy of
the SPE certificate shall be retained in the motor carrier's file for a
period of 3 years after the driver's employment is terminated. The
driver applicant shall have the SPE certificate (or a legible copy) in
his/her possession whenever on duty.
(2) Upon successful completion of the skill performance evaluation,
the State Director, FMCSA, for the State where the driver applicant has
legal residence, must notify the driver by letter and enclose an SPE
certificate substantially in the following form:
Skill Performance Evaluation Certificate
Name of Issuing Agency:------------------------------------------------
Agency Address:--------------------------------------------------------
Telephone Number: ( )-------------------------------------------------
Issued Under 49 CFR 391.49, subchapter B of the Federal Motor Carrier
Safety Regulations
Driver's Name:---------------------------------------------------------
Effective Date:--------------------------------------------------------
SSN:-------------------------------------------------------------------
DOB:-------------------------------------------------------------------
Expiration Date:-------------------------------------------------------
Address:---------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
Driver Disability:-----------------------------------------------------
Check One:__New__Renewal
Driver's License:__________--------------------------------------------
(State) (Number)
In accordance with 49 CFR 391.49, subchapter B of the Federal
Motor Carrier Safety Regulations (FMCSRs), the driver application
for a skill performance evaluation (SPE) certificate is hereby
granted authorizing the above-named driver to operate in interstate
or foreign commerce under the provisions set forth below. This
certificate is granted for the period shown above, not to exceed 2
years, subject to periodic review as may be found necessary. This
certificate may be renewed upon submission of a renewal application.
Continuation of this certificate is dependent upon strict adherence
by the above-named driver to the provisions set forth below and
compliance with the FMCSRs. Any failure to comply with provisions
herein may be cause for cancellation.
CONDITIONS: As a condition of this certificate, reports of all
accidents, arrests, suspensions, revocations, withdrawals of driver
licenses or permits, and convictions involving the above-named
driver shall be reported in writing to the Issuing Agency by the
EMPLOYING MOTOR CARRIER within 30 days after occurrence.
LIMITATIONS:
1. Vehicle Type (power unit):*-----------------------------------------
2. Vehicle modification(s):--------------------------------------------
----------------------------------------------------------------------
3. Prosthetic or Orthotic device(s) (Required to be Worn While
Driving):--------------------------------------------------------------
----------------------------------------------------------------------
4. Additional Provision(s):--------------------------------------------
----------------------------------------------------------------------
NOTICE: To all MOTOR CARRIERS employing a driver with an SPE
certificate. This certificate is granted for the operation of the
power unit only. It is the responsibility of the employing motor
carrier to evaluate the driver with a road test using the trailer
type(s) the motor carrier intends the driver to transport, or in
lieu of, accept the trailer road test done during the SPE if it is a
similar trailer type(s) to that of the prospective motor carrier.
Also, it is the responsibility of the employing motor carrier to
evaluate the driver for those non-driving safety-related job tasks
associated with the type of trailer(s) utilized, as well as, any
other non-driving safety-related or job-related tasks unique to the
operations of the employing motor carrier.
The SPE of the above named driver was given by a Skill
Performance Evaluation Program Specialist. It was successfully
completed utilizing the above named power unit and ________(trailer,
if applicable)
The tractor or truck had a ________ transmission.
Please read the NOTICE paragraph above.
Name:------------------------------------------------------------------
Signature:-------------------------------------------------------------
Title:-----------------------------------------------------------------
Date:------------------------------------------------------------------
(k) The State Director, FMCSA, may revoke an SPE certificate after
the person to whom it was issued is given notice of the proposed
revocation and has been allowed a reasonable opportunity to appeal.
[[Page 25290]]
(l) Falsifying information in the letter of application, the
renewal application, or falsifying information required by this section
by either the applicant or motor carrier is prohibited.
[FR Doc. 00-10700 Filed 4-28-00; 8:45 am]
BILLING CODE 4910-22-P