Ohio Administrative Code|Rule 4901:2-5-04 | Qualifications of drivers.

                                                
(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, shall 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 shall be 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, and shall 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 must 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 shall indicate on the provisional
			 certificate 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. A copy of the
			 provisional certificate shall be provided to the driver.
(5) A copy of the
			 completed provisional certificate shall be submitted to the commission. 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 shall not be 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 shall not be required
			 to 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
			 shall be treated as 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 shall be 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.


Last updated June 18, 2021 at 9:17 AM