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Lombardi Law Firm

Announcement: We are developing OTR Truck Driver-CDL as a practice area.


Blog Category:
2/5/2014
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A new client presented us with the opportunity to assist with his unemployment claim after his CDL had expired and while he suffers from diabetes. Insulin dependent diabetic truckers have special rules that apply to over-the-road semi-truck drivers. There are medical waivers that need to be applied for and can cause delays. Without the CDL you may not be sitting in your truck but in some office doing filing. Do not allow your CDL to expire if you are an insulin dependent diabetic.

Here are some resources you may find useful.

RESOURCES

Iowa OTR Truckers, CDL & Medical - Iowa exceptions in a handy flow chart:

http://www.iowadot.gov/mvd/ods/FedMedBrochure.pdf#page=2

Does this guy meet any of these exemptions or was he just a general over the road intrastate driver?

Iowa medical certification rules:

http://www.iowadot.gov/mvd/ods/MCRforCDL.html

Here it is:

http://www.fmcsa.dot.gov/safety-security/eta/ETA%20Final%20508c.pdf

This page has all kinds of links on it.   If we put a book together, we should consider adding the drug/alcohol testing

http://www.fmcsa.dot.gov/safety-security/drug-alcohol/Drivers.aspx

and medical info (conditions, prescription medication rules, etc.)  at

http://www.fmcsa.dot.gov/rules-regulations/topics/medical/medical.htm

Iowa rules are at IA Code 321.449 and 321.450.

Here’s the state of Iowa’s PDF for truckers concerning regulations:

http://www.iowadot.gov/mvd/omve/truckguide.pdf

Here is a cite for Code of Federal Regulations on truckers and their medical conditions:

http://www.law.cornell.edu/cfr/text/49/391.41

Restriction:  49 CFR 391.41(b)(3) -   (3) Has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control;

Here’s the exemption:

§ 391.62 Limited exemptions for intra-city zone drivers.

The provisions of §§ 391.11(b)(1) and 391.41(b)(1) through (b)(11) do not apply to a person who:

(a) Was otherwise qualified to operate and operated a commercial motor vehicle in a municipality or exempt intra-city zone thereof throughout the one-year period ending November 18, 1988;

(b) Meets all the other requirements of this section;

(c) Operates wholly within the exempt intr-acity zone (as defined in 49 CFR 390.5);

(d) Does not operate a vehicle used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by the Secretary under 49 U.S.C. chapter 51.; and

(e) Has a medical or physical condition which:

(1) Would have prevented such person from operating a commercial motor vehicle under the Federal Motor Carrier Safety Regulations contained in this subchapter;

(2) Existed on July 1, 1988, or at the time of the first required physical examination after that date; and

(3) The examining physician has determined this condition has not substantially worsened since July 1, 1988, or at the time of the first required physical examination after that date.

Municipality:

Sec. 43Definitions.

For the purposes of this part, the following terms are defined:

(a) “Municipality” means any city, town, village, or borough which has been created by special legislative act or which has been, otherwise, individually incorporated or chartered pursuant to general State laws, or which is recognized as such, under the Constitution or by the laws of the State in which located, and which has a local government. It does not include a town of the township or New England type.

(b) “Contiguous municipalities” means municipalities, as defined in paragraph (a) of this section, which have at some point a common municipal or corporate boundary.

(c) “Unincorporated area” means any area not within the corporate or municipal boundaries of any municipality as defined in paragraph (a) of this section.

Sec. 44Commercial zones determined generally, with exceptions.

The commercial zone of each municipality in the United States, with the exceptions indicated in the note at the end of this section, within which the transportation of passengers or property, in interstate or foreign commerce, when not under a common control, management, or arrangement for a continuous carriage or shipment to or from a point without such zone, is exempt from all provisions of Part II, Interstate Commerce Act, except the provisions of section 204 relative to the qualifications and maximum hours of service of employees and safety of operation or standards of equipment shall be deemed to consist of:

(a) The municipality itself, hereinafter called the base municipality;

(b) All municipalities which are contiguous to the base municipality;

(c) All other municipalities and all unincorporated area within the United States which are adjacent to the base municipality as follows:

(1) When the base municipality has a population less than 2,500 all unincorporated areas within two miles of its corporate limits and all of any other municipality any part of which is within two miles of the corporate limits of the base municipality,

(2) When the base municipality has a population of 2,500 but less than 25,000, all unincorporated areas within 3 miles of its corporate limits and all of any other municipality any part of which is within 3 miles of the corporate limits of the base municipality,

(3) When the base municipality has a population of 25,000 but less than 100,000, all unincorporated areas within 4 miles of its corporate limits and all of any other municipality any part of which is within 4 miles of the corporate limits of the base municipality, and

(4) When the base municipality has a population of 100,000 or more, all unincorporated areas within 5 miles of its corporate limits and all of any other municipality any part of which is within 5 miles of the corporate limits of the base municipality, and

(d) All municipalities wholly surrounded, or so surrounded except for a water boundary, by the base municipality, by any municipality contiguous thereto, or by any municipality adjacent thereto which is included in the commercial zone of such base municipality under the provisions of paragraph (c) of this section. 



Category: General


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