Ask X3What does 49 CFR 391.49 (Alternative physical qualification standards for the loss or impairment of limbs) require?
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Short answer
49 CFR 391.49 requires a person who is not physically qualified to drive under 391.41(b)(1) or (2) to obtain a Skill Performance Evaluation (SPE) Certificate from FMCSA to drive a commercial motor vehicle. The applicant must submit a letter of application, medical examination reports, and a medical evaluation summary.
The rule says
"A person who is not physically qualified to drive under 391.41(b)(1) or (2) and who is otherwise qualified to drive a commercial motor vehicle, may drive a commercial motor vehicle if FMCSA has granted a Skill Performance Evaluation (SPE) Certificate to that person." (49 CFR 391.49(a))
The medical evaluation summary for a driver applicant disqualified under 391.41(b)(1) shall include: 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 A statement by the examiner that the applicant is capable of demonstrating precision prehension and power grasp prehension with each hand separately — 49 CFR 391.49(i)(A) and (B).
In plain English
This rule allows drivers with certain physical impairments, such as loss or impairment of limbs, to still drive a commercial motor vehicle if they can demonstrate their ability to safely operate the vehicle. The SPE Certificate is a way for FMCSA to evaluate the driver's abilities and determine whether they are qualified to drive.
What to do
- Submit a letter of application for an SPE certificate to FMCSA
- Provide medical examination reports, including a Medical Examination Report Form and a Medical Examiner's Certificate
- Include a medical evaluation summary completed by a qualified physiatrist or orthopedic surgeon
- Ensure the medical evaluation summary includes an assessment of the driver's functional capabilities and a statement on their ability to demonstrate precision prehension and power grasp prehension with each hand separately