NAC483.8031. Prerequisites for waiver of certain physical requirements; confidentiality of information submitted to Department.

     1. An applicant for a waiver of one or more of the physical requirements described in 49 C.F.R. § 391.41 must submit to the Department with his or her application:

     (a) A copy of a medical examination required pursuant to paragraph (e) of 49 C.F.R. § 391.43;

     (b) A copy of a medical certificate required pursuant to 49 C.F.R. § 391.43; and

     (c) A medical evaluation signed by a physician on a form prescribed by the Department if the applicant suffers from a physical impairment or by a physician or optometrist if the applicant suffers from a visual impairment. The medical evaluation must:

          (1) Identify and describe the visual or physical impairment of the applicant;

          (2) Indicate whether the applicant’s condition is stable or progressive;

          (3) Certify that the applicant is able to operate a commercial motor vehicle;

          (4) Certify that the vision of the applicant is at least 20/40, corrected or uncorrected, in at least one eye if the applicant suffers from a visual deficiency;

          (5) If a limb of the applicant has been amputated or otherwise impaired, assess the physical capabilities of the applicant as they relate to his or her ability to perform the tasks specified in the description of the applicant’s job which the applicant must provide to the physician;

          (6) If the applicant wears a prosthetic or orthotic device, include a description of the manner in which the prosthetic or orthotic device operates; and

          (7) If the applicant suffers from epilepsy or any other condition which is likely to cause loss of consciousness or any loss of the ability to control a commercial motor vehicle safely or if the applicant is diabetic and dependent upon insulin, indicate the date of his or her most recent seizure and whether:

               (I) The seizure was an isolated incident;

               (II) Additional seizures are likely to occur; and

               (III) The prescribed medication will interfere with the person’s ability to operate a motor vehicle.

     2. An applicant who suffers epilepsy or any other condition which is likely to cause loss of consciousness or any loss of the ability to control a commercial motor vehicle safely, or is diabetic and dependent upon insulin, will not be issued a waiver unless:

     (a) The applicant has not suffered any fainting or dizzy spells, seizures or other similar disorders for at least 1 year immediately preceding the date the Department receives the application; and

     (b) A physician’s diagnosis of the applicant’s condition and its effect on the person’s ability to operate a motor vehicle safely has been submitted to the Department.

     3. An applicant for a waiver who wears a prosthetic or orthotic device must demonstrate his or her ability to operate safely the type of motor vehicle the applicant intends to operate. The Department may require any other applicant to demonstrate his or her ability to operate safely the type of motor vehicle the applicant intends to operate if the Department determines that such a demonstration is necessary.

     4. Any information that is submitted to the Department pursuant to NAC 483.799 to 483.850, inclusive, is privileged and may be released only upon the written consent of the applicant or pursuant to a court order.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, eff. 11-7-95; A by Dep’t of Motor Veh. by R103-06, 6-28-2006)