MTV-27-12-00017-P Medical Variance Restriction "V" Code for CDL Holders

7/3/12 N.Y. St. Reg. MTV-27-12-00017-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 27

July 03, 2012

RULE MAKING ACTIVITIES

DEPARTMENT OF MOTOR VEHICLES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. MTV-27-12-00017-P

Medical Variance Restriction "V" Code for CDL Holders

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend Part 3 of Title 15 NYCRR.

Statutory authority:

Vehicle and Traffic Law, sections 215(a), 501(2)(c) and 508(4)

Subject:

Medical Variance Restriction "V" Code for CDL Holders.

Purpose:

To comply with regulations issued by the FMCSA regarding medical standards and qualifications for CDL holders.

Text of proposed rule:

Pursuant to the authority contained in Sections 215(a), 501(2)(c) and 508(4) of the Vehicle and Traffic Law, the Commissioner of Motor Vehicles hereby amends the Regulations of the Commissioner of Motor Vehicles as follows:

Paragraph (3) of subdivision (c) of section 3.2 is amended to read as follows:

(3) The following is a listing of restrictions and codes for each restriction:

CODE RESTRICTION	CODE RESTRICTION
A ACCEL LEFT OF BRAKE	01 TRUCK/TRL COMBI/TRUCK
A3 SCHOOL BUS/MUNICIPAL VEHICLE	NOT OVER 26,000 CVWR
B CORRECTIVE LENSES
C MECHANICAL AID
D PROSTHETIC DEVICE
E AUTOMATIC TRANS	P POWER BRAKES
F HEARING AID OR FULL VIEW MIRROR	R BUILT UP SEAT/PED/SHOE
G DAYLIGHT DRIVING ONLY	S HAZMAT/SCHOOL VEHICLE
H LIMITED TO EMPLOYMENT	T CMV TRACTOR ONLY
I1 LIMITED USE MCY MAX 40 MPH	V [FOOT OPER PARKING BRAKE]
I2 LIMITED USE MCY MAZ 30 MPH	MEDICAL VARIANCE
I3 LIMITED USE MCY MAX 20 MPH	V1 FOOT OPER PARKING BRAKE
I4 THREE WHEEL MCY	X FULL HAND CONTROL
J OTHER	Y SHOULDER HARNESS USE
K CDL INTRASTATE ONLY	3 TELESCOPIC LENS
(DOES NOT PERMIT 5 NO LIMITED ACCESS ROADS OPERATION OUTSIDE OF NYS IN INTERSTATE COMMERCE)
L NO AIR BRAKES
L1 NO AIR BRAKES CLASS A VEH
L2 NO AIR BRAKES CLASS B VEH M PASS REST TO CLASS B VEH
N PASS REST TO CLASS C VEH
N1 NO VEHICLE WITH DESIGNED ADULT SEATING CAPACITY OF 15 OR MORE PASSENGERS
N2 NO VEHICLE WITH DESIGNED ADULT SEATING CAPACITY OF 8 OR MORE PASSENGERS
O TRK/TRLR COMBI ONLY

Text of proposed rule and any required statements and analyses may be obtained from:

Monica J. Staats, Department of Motor Vehicles, 6 Empire State Plaza, Room 526, Albany, NY 12228, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Ida Traschen, Department of Motor Vehicles, 6 Empire State Plaza, Room 526, Albany, NY 12228, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The proposed amendment is necessary to comply with regulations issued by the Federal Motor Carrier Safety Administration (FMCSA) regarding standards and qualifications for Commercial Driver License (CDL) holders [49 CFR 383.95(g), 383.153(a)(10)(viii), 383.153(b)(2)(ix)(D)]. Under the federal regulations, CDL holders must meet minimum physical qualifications, and must submit to the Department of Motor Vehicles (DMV) a medical examiner's certificate confirming that the CDL holder meets such qualifications. In certain cases, the FMCSA will notify DMV that a medical variance, such as an exemption for insulin dependent diabetics, has been issued to a particular driver.

In cases in which DMV receives notification from FMCSA that it has issued a medical variance to a CDL holder, DMV must indicate the existence of the variance on the Commercial Driver License Information System (CDLIS), which is a national database of all CDL holders and allows the states to track the records of such licensees. The variance is indicated by the letter "V" and is displayed in CDLIS and on the driver's DMV record and driver's license document.

Currently, DMV's regulations provide that a "V" restriction code indicates the driver is restricted to a vehicle equipped with foot operated parking brakes.

This amendment would change the definition of the "V" restriction to refer to the existence of a medical variance, and would add a new "V1" code to designate the parking brake restriction.

Job Impact Statement

A Job Impact Statement is not submitted with this rule because it will not have an adverse impact on job creation or development.