Kansas Administrative Regulations › Agency 82 - KANSAS CORPORATION COMMISSION › Article 4 - MOTOR CARRIERS OF PERSONS AND PROPERTY › Section 82-4-6d - Waiver of physical requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any person failing to meet the
			 requirements of K.A.R. 82-4-3g may be permitted to drive a vehicle if the
			 director finds that the granting of a waiver is consistent with highway safety
			 and the public interest.
(b) The
			 application for a waiver shall meet these requirements:
(1) The application shall be submitted
			 jointly by the person seeking the waiver and by the motor carrier wishing to
			 employ the person as a driver.
(2)
			 The application shall be accompanied by the following:
(A) A copy of the driver applicant's motor
			 vehicle driving record. Each change to this record occurring after submission
			 of the application shall be immediately forwarded to the commission;
(B) reports of medical examinations,
			 administered by a licensed medical examiner, that are satisfactory to the
			 director; and
(C) letters of
			 recommendation from at least two licensed medical examiners, written on their
			 personalized or institutional letterhead, including their national provider
			 identifier assigned by the national plan and provider enumeration system, and
			 meeting the following requirements:
(i) The
			 reports and letters of recommendation shall indicate the opinions of the
			 licensed medical examiners regarding the ability of the driver to safely
			 operate a commercial motor vehicle of the type to be driven;
(ii) letters of recommendation regarding
			 vision impairments shall be provided by a licensed ophthalmologist or
			 optometrist who treated the driver applicant;
(iii) letters of recommendation regarding
			 diabetes shall be provided by an endocrinologist, diabetologist, or primary
			 care physician who has treated the driver applicant;
(iv) letters of recommendation regarding limb
			 impairment or amputation shall include a medical summary conducted by a board
			 of qualified, or board-certified, physiatrists or orthopedic surgeons,
			 preferably associated with a rehabilitation center; and
(v) letters of recommendation shall include a
			 description of any prosthetic or orthopedic devices worn by the driver
			 applicant.
(3) The application shall contain a
			 description that is satisfactory to the director of the type, size, and special
			 equipment of the vehicle or vehicles to be driven, the general area and type of
			 roads to be traversed, the distances and time period contemplated, the nature
			 of the commodities to be transported and the method of loading and securing
			 them, and the experience of the applicant in driving vehicles of the type to be
			 driven.
(A) If the applicant motor carrier is
			 a corporation, the application shall be signed by a corporation officer and the
			 driver applicant.
(B) If the
			 applicant motor carrier is a limited liability company, the application shall
			 be signed by a company officer and the driver applicant.
(C) If the applicant motor carrier is a
			 limited liability partnership, the application shall be signed by at least one
			 of the members of the partnership and the driver applicant.
(D) If the applicant motor carrier is a
			 partnership, the application shall be signed by at least one of the members of
			 the partnership and the driver applicant.
(E) If the applicant motor carrier is a sole
			 proprietorship, the application shall be signed by the proprietor and the
			 driver applicant.
(4)
			 The application shall specify that both the person and the carrier will file
			 periodic reports as required with the director. These reports shall contain
			 complete and truthful information regarding the extent of the person's driving
			 activity, any accidents in which the person was involved, and all suspensions
			 or convictions in which the person is or has been involved.
(5) By completing the application, both the
			 driver applicant and the motor carrier applicant shall be deemed to agree that
			 upon grant of the waiver, they will fulfill all conditions of the
			 waiver.