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Utah Administrative Code (Current through November 1, 2019) |
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R708. Public Safety, Driver License |
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R708-34. Medical Waivers for Intrastate Commercial Driving Privileges |
| R708-34-1. Purpose |
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A person who desires to obtain an interstate commercial driver license must meet the minimum federal fitness standards dealing with physical, mental, and emotional health set forth in Part 391 of the Federal Motor Carrier Safety Regulations. As authorized by Section 53-3-303.5, compliance with those standards can be waived for a person who (a) desires to obtain commercial driving privileges for intrastate driving only, and (b) meets minimum state fitness standards. This rule sets forth the procedure whereby a person may apply for a waiver, and also for the Driver License Division to respond to waiver requests. |
| R708-34-2. Authority |
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This rule is authorized by Subsection 63G-3-201(2) and Section 53-3-303.5. |
| R708-34-3. Definitions |
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(1) "Board" means the Driver License Medical Advisory Board. (2) "Commercial driving privileges" means the privilege given to any licensed operator of a motor vehicle who must be in compliance with Federal Fitness Standards for the purpose of transporting commerce in vehicles with a gross vehicle weight of at least 10,000 to 26,000 pounds or over, with or without a commercial driver license. (3) "Department" means the Utah Department of Public Safety. (4) "Division" means the Driver License Division. (5) "Fitness standards" means standards set forth by the board for determining the physical, mental and emotional capabilities appropriate for issuance of intrastate commercial driver licenses. (6) "Waiver" means approval granted by the division allowing a driver to drive commercial vehicles intrastate even though the driver does not meet the minimum federal fitness standards to drive commercial vehicles interstate. (7) "Medical Waiver Card" means a card issued by the Driver License Division to verify the driver has met minimum state fitness standards to qualify for intrastate commercial driving privileges. |
| R708-34-4. Requesting a Waiver |
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Drivers desiring an intrastate commercial driving privilege waiver shall: (a) request a waiver application from the Driver License Division, Medical Waiver Program Coordinator, P.O. Box 144501, Salt Lake City, UT 84114-4501; (b) submit to the division for approval a waiver application with a current Functional Ability Evaluation Medical Certificate Report and Certificate of Visual Examination, as required, and a non-refundable check or money order payable to the Utah Department of Public Safety for the waiver processing fee; (c) take a letter received from the division granting the waiver to any commercial driver license office and apply for an intrastate commercial driving privilege with appropriate endorsements and/or restrictions; and (d) pay applicable waiver fees, and when necessary, take appropriate written and skills tests to obtain the desired driving privilege. |
| R708-34-5. Obligation of Drivers Possessing Waivers |
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Drivers possessing waivers must comply with division instructions requesting periodic updated medical information including submission of a Functional Ability Evaluation Medical Report, a Certificate of Visual Examination, and a non-refundable check or money order payable to the Department. Non-compliance with division instructions may result in the denial of commercial driving privileges. |
| R708-34-6. Driver License Medical Advisory Board Responsibilities |
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The board shall: (a) establish fitness standards for issuing intrastate commercial driver licenses under Title 53, Chapter 3, Part 4, Uniform Commercial Driver License Act; and (b) review waiver applications when necessary and make recommendations to the division director. |
| R708-34-7. Driver License Division Responsibilities |
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(1) The division shall provide information and guidance to waiver applicants and shall process all waiver applications. (2) The division shall coordinate with and provide information to the board concerning waiver applications and shall issue a letter approving or disapproving a waiver after consideration of the board's recommendation. (3) The division shall issue a medical waiver card which the applicant must carry while driving intrastate. |
| R708-34-8. Adjudicative Proceedings |
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(1) In accordance with Subsection 63G-4-202(1) all adjudicative proceedings herein shall be conducted informally. (2) A driver whose waiver application is denied, or whose waiver application is granted with restrictions that are unacceptable to the driver, may make a request for administrative review in accordance with Subsection 53-3-303(10) and for judicial review in accordance with Subsection 53-3-303(11). |