622.555. Skill performance evaluation certificate granted, when--application, procedures--rulemaking authority.
Skill performance evaluation certificate granted, when--application,procedures--rulemaking authority.
622.555. 1. The division of motor carrier and railroad safety may granta skill performance evaluation certificate to a person who is not physicallyqualified to drive under Code of Federal Regulations, Title 49, Section391.41. A skill performance evaluation certificate granted pursuant to thissection shall apply to intrastate transportation only. The skill performanceevaluation certificate shall be in the possession of the commercial driver anytime he or she is operating a commercial motor vehicle.
2. A person who wishes to obtain a skill performance evaluationcertificate under this section shall submit to the division the followinginformation:
(1) The applicant's name, address, and telephone number;
(2) The name, address, and telephone number of an employer co-applicant,if any;
(3) A description of the applicant's experience in driving the type ofvehicle to be operated under the skill performance evaluation certificate;
(4) A description of the type of driving to be done under the skillperformance evaluation certificate;
(5) A description of any modifications to the vehicle the applicantintends to drive under the skill performance evaluation certificate that aredesigned to accommodate the applicant's medical condition or disability;
(6) Whether the applicant has previously been granted another skillperformance evaluation certificate pursuant to this section;
(7) A copy of the applicant's current commercial driver's license;
(8) A copy of a medical examiner's certificate showing that theapplicant is medically unqualified to drive;
(9) A statement from the applicant's treating physician that includes:
(a) The extent to which the physician is familiar with the applicant'smedical history;
(b) A description of the applicant's medical condition for which a skillperformance evaluation certificate is necessary;
(c) Assurance that the applicant has the ability and willingness tofollow any course of treatment prescribed by the physician, including theability to self-monitor or manage the medical condition; and
(d) The physician's professional opinion that the applicant's conditionwill not adversely affect the applicant's ability to operate a commercialmotor vehicle safely; and
(10) Any other information considered necessary by the divisionincluding requiring a physical examination or medical report from a physicianwho specializes in a particular field of medical practice.
3. The division of motor carrier and railroad safety shall promulgaterules and regulations to provide skill performance evaluation certificates forindividuals who have failed to meet the specified federal driver's physicalqualifications under 49 CFR 391.41. Any rule or regulation promulgated shallonly authorize such individual to operate a commercial motor vehicle withinMissouri. The regulations promulgated pursuant to this section may only beimplemented if the United States Department of Transportation (USDOT) will notimpose any sanctions, including funding sanctions, against the state.
4. As used in this section, the term "skill performance evaluationcertificate" means approval granted by the division of motor carrier andrailroad safety allowing a driver to drive commercial motor vehiclesintrastate even though the driver may not meet the minimum federal fitnessstandards to drive commercial motor vehicles interstate.
5. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in this sectionshall become effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review, todelay the effective date or to disapprove and annul a rule are subsequentlyheld unconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2002, shall be invalid and void.
(L. 2002 H.B. 1270 and H.B. 2032)