Skill Performance Evaluation Certificates For Commercial Drivers

PURPOSE: This rule implements the provisions of section 622.555, RSMo, as enacted by House Bills No. 1270 and No. 2032, 91st General Assembly, Second Regular Session, 2002, by prescribing requirements relating to applications for skill performance evaluation certificates, and the issuance, renewal, suspension, and revocation of those certificates by the commission. These certificates authorize certain individuals, who cannot satisfy the physical qualifications generally required by federal regulations, to drive commercial motor vehicles in intrastate commerce if they satisfy alternative requirements, which demonstrate their ability to maintain an equivalent or greater level of safety while operating commercial motor vehicles. PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Definitions and Substitutions. Except when the context clearly suggests otherwise, the words and terms used in this rule, or in any federal regulation incorporated by reference in this rule, shall have the meaning stated in this section. (A) Whenever the terms “application,” “letter of application,” “written request,” or any similar terms used in the federal regulation refer to a document to be filed with a federal agency or official, the word “application” shall be substituted for those terms, which means a writing filed with the director, which shall contain all information required to complete the applicable form provided for that purpose by the department. (B) Whenever the term “commercial motor vehicle” is used in the federal regulation, the term shall include any motor vehicle, or the operator or driver of any motor vehicle, within the jurisdiction of the commission pursuant to the provisions of section 226.008, RSMo. (C) The word “commission” means the Missouri Highways and Transportation Commission. (D) The word “department” means the Missouri Department of Transportation. (E) The word “director” means the director of Motor Carrier Services of the Missouri Department of Transportation. (F) Except for subsection (4)(A) and section (6) of this rule, whenever the term “exemption” is used in this rule, the term “SPE certificate” shall be substituted for the term “exemption.” (G) Whenever the term “FMCSA,” “field service center, FMCSA,” or any comparable term is used in the federal regulation, then the words “Missouri Department of Transportation, Motor Carrier Services” shall be substituted for those terms. If the federal regulation prescribes an address applicable to any of these terms, then the current business address of the director of Motor Carrier Services shall be substituted for that address. (H) Whenever the terms “Federal Motor Carrier Safety Administrator,” “Federal Highway Administrator,” “State Director, FMCSA,” or any comparable terms are used in the federal regulation, then the words “Missouri Department of Transportation, director of Motor Carrier Services” shall be substituted for those terms. If the federal regulation prescribes an address applicable to any of these terms, then the current business address of the director of Motor Carrier Services shall be substituted for that address. (I) Whenever the word “interstate” is used in the federal regulation, the word “intrastate” shall be substituted for “interstate.” (J) The word “SPE certificate” means a skill performance evaluation certificate as defined in subsection 4 of section 622.555, RSMo. Publication of a Missouri Register notice of application for SPE Certificates is not required. (2) Delegation of Authority. The commission authorizes the director to administer the skill performance evaluation program for intrastate drivers of commercial motor vehicles, as provided in sections 622.027 and 622.555, RSMo, and this rule. The director, at his/her discretion, may delegate any part of this authority to other department personnel. (3) Filing and Determination of Applications; Demonstration and Verification of Ability to Operate Commercial Motor Vehicles. Applications for an intrastate SPE certificate, and related documents, and information reasonably required by the director, shall be filed at PO Box 270, Jefferson City, MO 65102. Every application shall include all information and supporting documents required by section 622.555, RSMo, this rule, and the “Application for Skill Performance Evaluation Certificate.” The application and accompanying instructions are incorporated herein by reference and made a part of this rule as published on April 15, 2022, by the Missouri Department of Transportation Motor Carrier Services Division, PO Box 270, Jefferson City, MO 65102. This rule does not incorporate any subsequent amendments or additions to the application and instructions. (A) The director may dismiss, grant, or deny applications for SPE certificates, in accordance with the provisions of section 622.555, RSMo, and this rule. (B) The director may issue SPE certificates that include reasonable limitations, conditions, and requirements to protect public safety, or to promote the department’s effective administration of SPE certificates, or both. (C) At any time while an application is pending, or after the person is issued a SPE certificate, the director may require the person to demonstrate or verify the person’s present ability to operate a commercial motor vehicle safely with his/her physical deficiency or impairment. These requirements may include: 1. Successfully completing a road test, using a commercial motor vehicle and associated equipment of the type which the applicant drives or seeks to drive pursuant to the SPE certificate; 2. Obtaining additional or periodic physical examinations by a physiatrist, orthopedic surgeon, audiologist, or otolaryngologist; and 3. Filing additional or periodic reports with the director concerning the person’s medical or hearing examinations, treatment, prognosis, employment, driving record, accidents, traffic violations, and other pertinent information. (4) Physical Deficiencies. Persons who are physically unqualified to drive commercial motor vehicles pursuant to any provision of Title 49, Code of Federal Regulations (CFR), section 391.41(b), may apply for intrastate SPE certificates, and the director may TRANSPORTATION issue intrastate SPE certificates to those applicants, only if— (A) The Federal Motor Carrier Safety Administration (FMCSA) is currently administering a program for issuing SPE certificates, or exemptions from the physical qualification requirements, to interstate drivers who are physically unqualified because of the same physical deficiency or impairment affecting the applicant; except that a FMCSA exemption from 49 CFR section 391.41(b)(8) will not authorize the issuance of a SPE certificate for Missouri intrastate operation; (B) The applicant files an application for SPE certificate with the director, which conforms to all applicable requirements of section 622.555, RSMo, and this rule, and conforms to the same standards and procedures that are applicable under FMCSA’s comparable interstate SPE certificate or exception program, as modified and supplemented by any applicable provisions of section 622.555, RSMo, or this rule; and (C) With the exception of Subpart C, section 381.315, the commission incorporates by reference and makes a part of this rule the provisions of 49 CFR 381 as published by the United States Government Publishing Office, 732 North Capitol Street NW, Washington DC 20401, on February 22, 2022. The commission also incorporates by reference and makes a part of this rule the provisions of 49 CFR 391.41 as published by the United States Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401, on March 22, 2022. The commission also incorporates by reference and makes a part of this rule the provisions of 49 CFR 391.49 as published by the United States Government Publishing Office, 732 North Capitol Street NW, Washington, DC 20401, on February 22, 2022. This rule does not incorporate any subsequent amendments or additions to 49 CFR 381, 391.41, and 391.49. (5) Multiple Physical Conditions. The director may deny applications for SPE certificates, and may suspend or revoke SPE certificates, regarding any person who is not physically qualified pursuant to the requirements of two (2) or more separate paragraphs within subsection (b) of 49 CFR section 391.41, except a person who is physically unqualified only pursuant to paragraphs (1) and (2) of that subsection. (6) Federal Exemption or SPE Certification. Upon the filing of an application containing such information as the director may require, the director may waive any procedural requirements pursuant to this rule and shall issue an intrastate SPE certificate to any driver who is authorized to operate commercial motor vehicles in interstate commerce by a currently valid SPE certificate or hearing exemption issued by the FMCSA. Each SPE certificate issued pursuant to this section shall be conditioned upon the driver’s continued possession of the federal SPE certificate in good standing and the driver’s compliance with all applicable requirements, including all conditions specified in the driver’s federal SPE certificate, and any other conditions imposed by the director. (7) Operation in Conformity with Terms of SPE Certificate. No person shall operate a commercial motor vehicle by authority of any SPE certificate issued pursuant to this rule, unless the vehicle is operated in conformity with all limitations, requirements, and other terms specified in that SPE certificate. (8) Suspension and Revocation. For good cause, the director may revoke a person’s SPE certificate after notice and an opportunity for hearing before the Administrative Hearing Commission, or may suspend the certificate until it is determined whether the certificate should be revoked. AUTHORITY: sections 226.008 and 622.555, RSMo 2016.* Emergency rule filed June 6, 2003, effective June 16, 2003, expired Feb. 26, 2004. Original rule filed June 6, 2003, effective Dec. 30, 2003. Amended: Filed Oct. 14, 2016, effective July 30, 2017. Amended: Filed March 6, 2020, effective Oct. 30, 2020. Amended: Filed June 3, 2022, effective Jan. 30, 2023. *Original authority: 226.008, RSMo 2002, amended 2014, and 622.555, RSMo 2002.