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Medical Waivers Information
Public Act 181 of 1963 is known as the Motor Carrier Safety Act. The Motor Carrier Safety Appeal Board was created under this act as amended in MCL 480.13. The purpose of the board is to hear and decide applications for waivers from medical requirements of this act and the rules promulgated under this act. The board consists of the department head or designee from each of the following: The Director of the Department of State Police, The Secretary of State, The Director of the Michigan Department of Transportation, and a representative of the Michigan Trucking Association.
RECENT CHANGES IN REGULATIONS:
Insulin-treated Diabetes Mellitus - On November 19, 2018, the Federal Motor Carrier Safety Regulations regarding insulin-treated diabetes mellitus (ITDM) changed. A driver with ITDM may be qualified to drive a commercial motor vehicle if the requirements of 49 CFR 391.46 are met. Medical waivers are no longer granted to drivers with ITDM who meet the requirements of 49 CFR 391.46.
School Bus Drivers - On December 15, 2021, Michigan Public Act 131 became effective amending Michigan Compiled Law 257.1853 (Pupil Transportation Act). This change requires school bus drivers to be fully qualified under 49 CFR 391.41 and removed the provision in MCL 480.13 allowing for the issuance of a medical waiver for the operator of a school bus.
Vision Standards - On January 21, 2022, the Federal Motor Carrier Safety Administration issued a final rule amending the vision standard in 49 CFR 391.41. This final rule became effective on March 22, 2022 and established an alternative vision standard in 49 CFR 391.44 in which a driver may be qualified for up to one year. Medical waivers are no longer granted to drivers who meet the requirements of 391.44.
WHAT IS A MEDICAL WAIVER AND WHO QUALIFIES?
A waiver allows a driver to engage in intrastate operations only (within the borders of the State of Michigan). The waiver is not valid for movements made in continuation of interstate commerce as defined in 49 CFR 390.5. The driver must obtain a DOT physical completed in accordance with 49 CFR 391.43 and be considered “otherwise qualified” meaning the driver meets all other conditions and physical requirements of 49 CFR 391.41. The granting of a waiver does not medically qualify a driver, it grants a very limited exception from the law pertaining to the physical qualification of a driver. The waiver does not relieve the carrier or driver from any other responsibilities or risks associated with using a physically unqualified driver.
HOW DO I OBTAIN A MEDICAL WAIVER?
A waiver is also known as an exemption or variance and includes the term, “skill performance evaluation (SPE)”. The process starts with a DOT physical exam. If the medical examiner determines the driver is otherwise qualified and believes the driver could safely operate with a state variance from a particular physical requirement, a medical examiner’s certificate may be issued allowing for intrastate transportation with applicable state variances. The card must be marked, “accompanied by a waiver” and the reason for the waiver and does not allow the driver to operate until a waiver is granted.
Next, the driver and carrier jointly complete an application for waiver. Carefully read the instructions as additional forms and information may be required to be submitted along with the application. All forms and instructions can be found below under the disqualifying conditions heading. The medical condition will determine which forms and documents will be required. Once all forms are completed and all necessary documents have been obtained, the carrier and driver should review the application packet together to ensure accuracy and completeness. Both the carrier and the driver shall sign the application and submit it to the Michigan Department of State Police. There is no charge or fee to apply for an intrastate medical waiver. An initial application may require the driver and carrier to appear before the Motor Carrier Safety Appeal Board.
DISQUALIFYING CONDITIONS FOR WHICH AN INTRASTATE WAIVER MAY BE GRANTED
An intrastate medical waiver may be granted providing an exception from a portion of 49 CFR 391.41 for the following conditions: Click on the condition below for requirements. A driver having more than one disqualifying condition may apply for a waiver and would need to follow the instructions for both conditions. All forms and examinations must be within 60 days of the date of application. Any form or exam more than 60 days old will not be accepted.
- 391.41(b)(1) Amputee & 391.41(b)(2) Limb Impairment
- 391.41(b)(4) Cardiac Conditions
- 391.41(b)(7) Neuromuscular or similar diseases
- 391.41(b)(8) Epilepsy and/or Seizures
- 391.41(b)(11) Hearing Loss
- For a condition not listed above, contact our office.
WHERE DO I SUBMIT AN APPLICATION?
Completed applications may be submitted by mail or email to the address below. It is not necessary to send the original form and copies are accepted. Handwritten forms are accepted provided the content is legible. It is highly recommended you retain a copy for your records.
Applications may be submitted by mail to our office at:
Michigan State Police Commercial Vehicle Enforcement Division
Attn: Medical Waiver Unit
7150 Harris Drive
Dimondale, Michigan 48821-5002
Electronic copies may be sent by email to: MSP-CVEDmedwaiver@michigan.gov
The preferred digital format for documents is PDF, however, any other digital format will be accepted so long as the form and content are both legible.
Questions or concerns may be directed to the Medical Waiver Unit at 517-284-3250.