rograms.
(a) The provisions of § 391.41(b)(3) do
not apply to a driver who was a partici-
pant in good standing on March 31,
1996, in a waiver study program con-
cerning the operation of commercial
motor vehicles by insulin-controlled
diabetic drivers;
provided:
(1) The driver is physically examined
every year, including an examination
by a board-certified/eligible
endocrinologist attesting to the fact
that the driver is:
(i) Otherwise qualified under § 391.41;
(ii) Free of insulin reactions (an indi-
vidual is free of insulin reactions if
that individual does not have severe
hypoglycemia or hypoglycemia
unawareness, and has less than one
documented, symptomatic hypo-
glycemic reaction per month);
(iii) Able to and has demonstrated
willingness to properly monitor and
manage his/her diabetes; and
(iv) Not likely to suffer any diminu-
tion in driving ability due to his/her di-
abetic condition.
(2) The driver agrees to and complies
with the following conditions:
(i) A source of rapidly absorbable glu-
cose shalll be carried at all times while
driving;
(ii) Blood glucose levels shall be self-
monitored one hour prior to driving
and at least once every four hours
while driving or on duty prior to driv-
ing using a portable glucose moni-
toring device equipped with a comput-
erized memory;
(iii) Submit blood glucose logs to the
endocrinologist or medical examiner at
the annual examination or when other-
wise directed by an authorized agent of
the FMCSA;
(iv) Provide a copy of the
endocrinologists report to the medical
examiner at the time of the annual
medical examination; and
(v) Provide a copy of the annual med-
ical certification to the employer for
retention in the drivers qualification
file and retain a copy of the certifi-
cation on his/her person while driving
for presentation to a duly authorized
Federal, State or local enforcement of-
ficial.
(b) The provisions of § 391.41(b)(10) do
not apply to a driver who was a partici-
pant in good standing on March 31,
1996, in a waiver study program con-
cerning the operation of commercial
motor vehicles by drivers with visual
impairment in one eye;
provided:
(1) The driver is physically examined
every year, including an examination
by an ophthalmologist or optometrist
attesting to the fact that the driver:
(i) Is otherwise qualified under
§ 391.41; and
(ii) Continues to measure at least 20/
40 (Snellen) in the better eye.
(2) The driver provides a copy of the
ophthalmologist or optometrist report
to the medical examiner at the time of
the annual medical examination.
(3) The driver provides a copy of the
annual medical certification to the em-
ployer for retention in the drivers
qualification file and retains a copy of
the certification on his/her person
while driving for presentation to a duly
authorized federal, state or local en-
forcement official.
[61 FR 13346, Mar. 26, 1996]
§ 391.65
Drivers furnished by other
motor carriers.
(a) A motor carrier may employ a
driver who is not a regularly employed
driver of that motor carrier without
complying with the generally applica-
ble driver qualification file require-
ments in this part, if
(1) The driver is regularly employed
by another motor carrier; and
(2) The motor carrier which regularly
employs the driver certifies that the
driver is fully qualified to drive a com-
mercial motor vehicle in a written
statement which
(i) Is signed and dated by an officer
or authorized employee of the regu-
larly employing carrier;
(ii) Contains the drivers name and
signature;
(iii) Certifies that the driver has been
regularly employed as defined in § 390.5;
(iv) Certifies that the driver is fully
qualified to drive a commercial motor
vehicle under the rules in part 391 of
the Federal Motor Carrier Safety Regu-
lations;
(v) States the expiration date of the
drivers medical examiners certificate;
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