Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-5 - Safety Standards › Section 4901:2-5-04 - Qualifications of drivers

Current through all regulations passed and filed through July 1, 2024
(A) No motor carrier, excepted carrier, or
			 hazardous materials transporter shall operate or permit the operation of a
			 motor vehicle in intrastate commerce by a person under the age of eighteen
			 years. No motor carrier, or excepted carrier, shall operate or permit the
			 operation of a commercial motor vehicle transporting hazardous materials in a
			 quantity or of a type that requires the motor vehicle to be placarded pursuant
			 to 49 C.F.R.
			 172, as effective on the date referenced in
			 paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code, in intrastate commerce, by a person under the age of
			 twenty-one years.
(B) The
			 provisions in 49 C.F.R.
			 391.21 (applications for employment), and
			 391.23 (investigations and inquiries), as effective on the date referenced in
			 paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code, 
								do not apply to a driver operating in intrastate
			 commerce who has been a single employer driver as defined in
			 49 C.F.R.
			 390.5, as effective on the date referenced in
			 paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code, of a motor carrier, for a continuous period which began
			 before January 1, 1987, so long as the driver continues to be a regularly
			 employed driver of that motor carrier.
(C) Persons who on or before December 7,
			 1988, were employed or self-employed in occupations which required the
			 operation of commercial motor vehicles, who cannot be medically certified under
			 the requirements of 49
			 C.F.R. 391.41, as effective on the date
			 referenced in paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code, may obtain provisional medical certification for operating
			 commercial motor vehicles in intrastate commerce under the following
			 conditions:
(1) A driver may obtain a packet
			 of materials prescribed by the commission to be used by the driver and the
			 medical examiner in conducting a medical examination for provisional medical
			 certification. The medical examiner must be listed on the "National Registry of
			 Certified Medical Examiners" administered by the U.S. department of
			 transportation and current on all requirements to perform an examination for a
			 provisional medical certification. Included in the packet will be instructions
			 to assist the medical examiner in making an evaluation.
(2) Prior to visiting the medical examiner, a
			 driver shall submit to the commission a completed "Certification of Driver
			 Employment" form on which the driver shall certify the conditions of the
			 driver's past and current employment, including employer name and contact
			 information, dates of employment, size and type of vehicles operated, types of
			 cargo transported, accident history, and any additional information deemed
			 necessary by the commission. After reviewing the driver's employment history
			 and experience, the commission shall return a copy of the "Certification of
			 Driver Employment" form to the driver and provide the driver with the "Medical
			 Examiner's Provisional Certificate" form, prescribed by the commission, for the
			 medical examiner to complete.
(3)
			 The medical examination  performed
			 in accordance with 49 C.F.R.
			 391.43, as effective on the date referenced
			 in paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code, should also
									 be recorded on the examination
			 form prescribed by that part. If the medical examiner finds that the driver
			 cannot be certified in accordance with
			 49 C.F.R.
			 391.41 as effective the date referenced in
			 paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code, but that the driver can safely operate commercial motor
			 vehicles under certain conditions, the medical examiner may provisionally
			 certify the driver.
(4) To
			 provisionally certify a driver, the medical examiner 
									may complete the
			 "Medical Examiner's Provisional Certificate" in lieu of the "Medical Examiner's
			 Certificate" prescribed in 49 C.F.R. 391.43, as effective on
			 the date referenced in paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code. The medical examiner's considerations for the provisional
			 certificate include the limitations under which
			 the medical examiner finds the driver can safely operate a commercial motor
			 vehicle, including but not limited to, restrictions on the size and type of
			 vehicle operated, hours operated per day, and any other work activities
			 performed in addition to driving. 
									The driver is entitled to receive a copy of the
			 provisional certificate .
(5)
									
									Upon receipt of
			 a copy of the completed provisional certificate,
									
									the commission shall
			 confirm receipt by placing a stamp upon the provisional certificate and then
			 returning a copy of it to the driver. A provisional certificate
			 
									is not
			  effective unless stamped by the
			 commission. The driver shall provide a copy of the provisional certificate to
			 the driver's employer, which shall be kept in the employer's driver
			 qualification file in the same manner as the medical examiner's certificate, as
			 required by 49 C.F.R.
			 391.51, as effective on the date referenced
			 in paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code. A driver must possess a copy of the provisional
			 certificate at all times when operating a commercial motor vehicle.
(6) A driver who has obtained provisional
			 medical certification shall be re-examined one year from the date of the
			 medical examination, or such shorter time as the medical examiner may
			 prescribe, and shall obtain a new provisional certificate pursuant to the
			 requirements of this rule, except that the driver 
									need not
			  submit a new "Certification
			 of Driver Employment" form prior to obtaining a "Medical Examiner's Provisional
			 Certificate" form from the commission.
(7) Except as otherwise provided by this
			 rule, the medical examiner's provisional certificate 
									is treated
			 as a medical examiner's certificate for all
			 purposes as provided in 49
			 C.F.R. 390 to
			 396, as effective on the date
			 referenced in paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code.
(8)
			 Provisional medical certification under this rule is
			 ineffective to qualify a driver to drive in interstate commerce, to transport
			 hazardous materials in a quantity or of a type that requires the motor vehicle
			 to be placarded pursuant to 49 C.F.R. 172, as effective on the
			 date referenced in paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code, to transport passengers for hire, to operate a motor
			 vehicle designed to transport sixteen or more passengers, including the driver,
			 or to operate a commercial motor vehicle beyond the scope of any restrictions
			 indicated by the medical examiner.
(9) After notice and opportunity for a
			 hearing conducted pursuant to Chapter 4901-1 of the Administrative Code, the
			 commission may invalidate the provisional medical certification issued by the
			 medical examiner upon its finding that continued operations by the driver
			 constitute an unreasonable risk of harm to the public.
(10) Beginning July 1, 2021, no provisional
			 medical certificates for drivers with diabetes mellitus treated with insulin
			 for control will be issued or renewed.