California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.1 - Commercial Driver Licenses › Section 28.19 - Medical Certificates Required by Section 12804.9(a)(1), 12527(c)(3) and 15275 of the Vehicle Code that May be Issued by the Department of Motor Vehicles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise specified, the medical examination form
					 and medical certificate referenced in this section are those forms approved by
					 the Federal Highway Administration or the Federal Aviation Administration of
					 the United States Department of Transportation. If the medical examiner elects
					 not to issue a medical certificate or the department determines that the
					 applicant does not meet required physical qualifications for such a medical
					 certificate, an applicant wishing to drive ambulances or Class A, B, or
					 Commercial Class C vehicles for purposes other than engaging in interstate
					 commerce, may submit a completed medical examination form to the department for
					 consideration of obtaining a state approved medical certificate. Upon approval
					 by the department, the department may issue a state approved medical
					 certificate which qualifies the applicant to drive ambulances or Class A, B, or
					 Commercial Class C vehicles for purposes other than engaging in interstate
					 commerce if:
(a) The department
				  determines from review of the examination form and any additional medical
				  information submitted, that the applicant meets the standards set forth under
				  Federal Motor Carrier Safety Regulations
				  49 CFR
				  391.41, or
(b) The applicant for a Class A or B license,
				  or a Commercial Class C license, does not meet the standards set forth under
				  Federal Motor Carrier Safety Regulations because of a physical condition
				  wherein safe driving ability can be determined by driving examination and in
				  the opinion of the department the defect is compensated for to insure safe
				  driving ability. If such a state approved medical certificate is issued by the
				  department, the applicant shall not be permitted to operate vehicles requiring
				  a passenger vehicle endorsement or a hazardous materials endorsement pursuant
				  to Section
				  15278 of the
				  Vehicle Code. The department may authorize the applicant to continue to operate
				  any of said vehicles if the applicant is renewing a California Class A, B, or a
				  Commercial Class C license permitting the operation of such vehicles, or is
				  applying for a medical certificate to keep valid such a license that has not
				  yet expired, or
(c) The applicant
				  for a Class A or B license, or a Commercial Class C license, fails to meet the
				  standards set forth under Federal Motor Carrier Regulations because of a
				  condition or conditions other than those wherein safe driving ability can be
				  determined by a driving examination, provided that the department determines
				  upon evaluation of competent medical evidence that the condition or conditions
				  do not affect the driver's ability to drive safely and may reasonably be
				  expected not to affect the driver's ability to drive safely within two (2)
				  years. If such a state approved medical certificate is issued by the
				  department, the applicant shall not be permitted to operate vehicles requiring
				  a passenger vehicle endorsement or a hazardous materials endorsement pursuant
				  to Section
				  15278 of the
				  Vehicle Code. The department may authorize the applicant to continue to operate
				  any of said vehicles if the applicant is renewing a California Class A, B, or a
				  Commercial Class C license permitting the operation of such vehicles, or is
				  applying for a medical certificate to keep valid such a license that has not
				  yet expired, or
(d) The applicant
				  for an Ambulance Driver Certificate fails to meet the standards set forth under
				  Federal Motor Carrier Regulations provided that the department determines upon
				  evaluation of competent medical evidence that the condition or conditions do
				  not affect his ability to drive safely and may reasonably be expected not to
				  affect his ability to drive safely within two (2) years.
1. Change
					 without regulatory effect renumbering former section
					 100.19 to section
					 28.19 filed 7-19-93 pursuant to
					 title 1, section
					 100, California Code of
					 Regulations (Register 93, No. 30).
2. Amendment of section heading,
					 text and NOTE filed 10-26-94; operative 11-25-94 (Register 94, No.
					 43).
3. Repealer and new first paragraph and amendment of
					 subsections (b), (c) and (d) filed 10-18-2005; operative 11-17-2005 (Register
					 2005, No. 42).
Note: Authority cited: Section
						1651, Vehicle
						Code. Reference: Sections
						12804.9(a)(1),
						12527(c)(3),
						13369,
						13372,
						15210,
						15275 and
						15278,
						Vehicle Code.