Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.5 - Licensing Operators of Commercial Motor Vehicles › Rule 23.3.506 - PHYSICAL QUALIFICATIONS FOR TYPE 2 ENDORSEMENT

Current through Register Vol. 13, July 5, 2024
(1) A person may not be issued, nor may
				he/she retain a type 2 endorsement, unless he/she:
(a) has no loss of a foot, a leg, a hand, or
				an arm; no impairment of a hand or finger which interferes with prehension or
				power grasping; no arm, foot, leg, or limb impairment which interferes with the
				ability to perform normal tasks associated with operating a motor vehicle; or
				he/she has been granted a federal waiver or exemption or has demonstrated
				through a road test that the loss or impairment of a limb or extremity does not
				significantly affect his/her driving ability as determined by the examiner who
				conducts the test;
(b) has no
				established medical history or clinical diagnosis of diabetes mellitus
				currently requiring the use of insulin for control, unless he/she supplies a
				statement from his/her physician which indicates that he/she has not suffered
				from any loss of consciousness or control from the condition for the preceding
				3 years, and that the condition is currently controlled;
(c) has no current clinical diagnosis of
				myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or
				any other cardiovascular disease of a variety known to be accompanied by
				syncope, dyspnea, collapse, or congestive cardiac failure, with any episode
				within the last 12 months;
(d) has
				no established medical history or clinical diagnosis of a respiratory
				dysfunction likely to interfere with his/her ability to control and drive a
				motor vehicle safely;
(e) has no
				current clinical diagnosis of high blood pressure likely to interfere with
				his/her ability to operate a motor vehicle safely;
(f) has no established medical history or
				clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, or vascular
				disease which interferes with his/her ability to control and operate a motor
				vehicle safely;
(g) has no
				established medical history or clinical diagnosis of epilepsy or any other
				condition which is likely to cause loss of consciousness or any loss of ability
				to control a motor vehicle unless he/she has not had any episode of loss of
				consciousness or control within the preceding 5 years as certified by his/her
				physician;
(h) has no mental,
				nervous, organic, or functional disease or psychiatric disorder likely to
				interfere with his/her ability to drive a motor vehicle safely;
(i) has distant visual acuity of at least
				20/40 (Snellen) in each eye without corrective lenses, or visual acuity
				separately corrected in one or both eyes to 20/40 (Snellen) or better with
				corrective lenses. Applicants with binocular vision shall have a field vision
				of at least 70° in the horizontal meridian in each eye, and monocular
				applicants shall have a field vision of at least 70° temporal and 30°
				nasal;
(j) first perceives a forced
				whispered voice in the better ear at not less than 5 feet with or without the
				use of a hearing aid or, if tested by use of an audiometric device, does not
				have an average hearing loss in the better ear greater than 40 decibels at 500
				Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric
				device is calibrated to American National Standard Z24.5-1951;
(k) does not use:
(i) any drug or substance identified in
				21
				CFR 1308.11 Schedule I, an amphetamine,
				narcotic, or any habit-forming drug; or
(ii) any non-Schedule I drug or substance
				that is identified in the other Schedules in 21 CFR part 1308 except when the
				use is prescribed by a licensed medical practitioner, as defined in
				49
				CFR 382.107, who is familiar with the
				driver's medical history and has advised the driver that the substance will not
				adversely affect the driver's ability to safely operate a commercial motor
				vehicle; and
(l) has no
				current clinical diagnosis of alcoholism.