FMCSA denies Canadian diabetic standard exemption

WASHINGTON, (March 30, 2004) — The Federal Motor Carrier Safety Administration has denied applications from 17 diabetic drivers — including one Canadian — seeking exemptions from federal medical restrictions.

Kevin R. Durham was the Canadian driver who applied for an exemption after the agency began accepting applications for exemption last September. The FMCSA announced that Durham’s application was denied by reinforcing a rule that states the medical reciprocity agreement between the U.S. and Canada prohibits U.S. and Canadian commercial vehicle drivers who are insulin-using-diabetics from trans-border operations. Moreover, the FMCSA noted “exemptions are only valid for operations within the United States.”

Diabetes mellitus is a disease which, on occasion, can result in a loss of consciousness or orientation in time and space. Individuals who require insulin for control have conditions which can get out of control by the use of too much or too little insulin, or food intake not consistent with the insulin dosage. The FMCSA has consistently maintained that a diabetic who uses insulin for control does not meet the minimum physical requirements to operate a heavy truck.

However, last year the agency announced it will consider exemption applications, and rule on each case individually based on its own merits. Generally, applicants must have a valid license to operate a commercial vehicle and must have operated a commercial vehicle, while using insulin to control a diabetic condition, for three years immediately preceding the application.

The three-year driving record can’t have any suspensions or revocations, no convictions for disqualifying offenses, no more than one serious traffic violation, and no accidents where the applicant contributed to the cause or received a citation for a moving violation. Also, Applicants cannot have other disqualifying medical conditions and must provide certification that they meet diabetes-related qualifications. Those who are granted waivers must comply with special recordkeeping rules and undergo periodic medical examinations.

But so far, exemptions seem hard to come by. The FMCSA denied the remaining 16 U.S. applications as well. Most of the unsuccessful applicants lacked the required driving experience, and two did not meet the medical conditions. Applicants do not qualify if they have had more than two hypoglycemic reactions in the past 5 years.

— with files from Truckinginfo.com