Code of Massachusetts Regulations › 540 CMR - REGISTRY OF MOTOR VEHICLES › Title 540 CMR 14.00 - Motor Carrier Safety and Hazardous Material Transportation › Section 14.05 - State Exemptions Applicable Only to Intrastate Commerce

Current through Register 1525, July 5, 2024
(1) Drivers of vehicles engaged only in
			 intrastate commerce within the Commonwealth shall be exempt from the following
			 Federal regulations:
(a) the 21 years of age
			 or older requirement contained in
			 49 CFR §
										391.11(b)(1).
(b) the ability to read and speak the English
			 language contained in
			 49 CFR §
										391.11(b)(2), except that
			 this exemption shall not be applicable to initial permits or initial commercial
			 driver licenses issued after March 9, 2018; and except further, that this
			 exemption does not apply to any person operating a motor vehicle used for the
			 transportation of hazardous material
(c) the requirements for waivers of certain
			 physical defects contained in
			 49
			 CFR §
										391.49. Waivers of the provisions
			 of
			 49 CFR §§
										391.41,
			 391.43
			 and
			 391.45
			 shall be granted by the Registrar of Motor Vehicles as follows:
1. The Registrar may issue an intrastate
			 waiver for a vision impairment if the applicant has a combined horizontal
			 peripheral field of vision of not less than 120 E , provided the applicant also
			 has a distant visual acuity of at least 20/40 (Snellen) in either eye, with or
			 without corrective lenses, and the ability to distinguish the colors red,
			 green, and amber.
2. The Registrar
			 may issue an intrastate waiver for a diabetic condition if the applicant
			 submits a written statement from his or her physician (defined in
			 540 CMR 24.02 )
			 which:
a. provides specific reasons as to why
			 the applicant is not at risk or is no longer at risk of suffering hypoglycemic
			 spells or episodes; and
b.
			 recommends a specific date for the Registry to reevaluate the applicant's
			 ability to operate a commercial motor vehicle safely.
3. The Registrar may issue an intrastate
			 waiver for a cardiovascular condition if the applicant does not have an
			 implanted cardiac defibrillator and does not have Class III or Class IV heart
			 disease according to the American Heart Association functional guidelines for
			 classifying heart disease.
4. The
			 Registrar may issue an intrastate waiver for applicants with a loss or
			 impairment of limb, so long as such loss or impairment of limb is not likely to
			 interfere with the safe operation of a commercial motor vehicle.
5. Applicants with conditions specified in
			 540 CMR
			 14.04(1)(d), may obtain an
			 intrastate waiver provided that the condition will not interfere with the safe
			 operation of a commercial motor vehicle, as certified by their
			 physician.
6. Intrastate waivers
			 shall not be applicable to school bus operator certificates.
7. The Registrar or his or her designee may
			 require such evidence of satisfaction of the medical qualification criteria as
			 he or she deems appropriate, or may modify these standards.
8. The terms used in
			 540 CMR
			 14.04(1)(d)  shall have the
			 same meaning as defined in
			 540 CMR 24.00:
Medical Qualifications for Operators of Motor
			 Vehicles
.
9.
Medical Qualifications Applicable to Existing Intrastate Medical
			 Waivers
. An individual who is unable to meet the medical
			 qualification standards of
			 540 CMR
			 14.04(1)(d)1. through 4.,
			 but who held a valid intrastate medical waiver as of the effective date of
			 540 CMR
			 14.04(1)(d), shall be
			 eligible to retain or renew such intrastate medical waiver, provided:
a. he or she satisfies the following medical
			 qualification standards:
i. Visual acuity of
			 20/40 in the better eye with a total field of 120 E ;
ii. Insulin dependant diabetes that is under
			 control;
iii. Minor afflictions
			 such as loss of finger;
iv. Any
			 other condition that the Registry determines in an individual case will not
			 interfere with the safe operation of a commercial motor
			 vehicle.
b. he or she
			 provides a certification from his or her physician that, to a reasonable degree
			 of medical certainty, the individual is medically qualified to safely operate a
			 commercial motor vehicle; and
c.
			 the Registry has no other cause to believe, based upon the individual's driving
			 history or otherwise, that the individual cannot safely operate such motor
			 vehicle.