4901:2-5-04 Qualifications of drivers.

(A) No motor carrier shall operate or permit the operation of a motor vehicle in intrastate commerce within Ohio by a person under the age of eighteen years. No motor carrier shall operate or permit the operation of a motor vehicle hauling an amount of hazardous materials requiring the display of placards, pursuant to 49 C.F.R., subtitle B, chapter 1, subchapter C, in intrastate commerce within Ohio by a person under the age of twenty-one years.

(B) The provisions in 49 C.F.R. 391.21 (applications for employment), and391.23 (investigations and inquiries), as effective on the date referenced in paragraph (G) of rule 4901:2-5-02 of the Administrative Code, shall not apply to a driver operating in intrastate commerce within Ohio who has been a single employer driver as defined in 49 C.F.R. 390.5, as effective on the date referenced in paragraph (G) of rule 4901:2-5-02 of the Administrative Code, of a private motor carrier as defined in section 4923.20 of the Revised Code, for a continuous period which began before January 1, 1987, so long as he continues to be a regularly employed driver of that private 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 (G) of rule 4901:2-5-02 of the Administrative Code, may obtain provisional medical certification for driving in intrastate commerce within Ohio under the following conditions:

(1) A driver may obtain a packet of materials prescribed by the public utilities commission of Ohio's transportation department to be used by the driver, his employer, and the examining physician in conducting a physical examination for provisional medical certification. Included in the packet will be instructions to assist the physician in making his evaluation.

(2) Prior to visiting the physician, the driver and any employing carrier shall certify the conditions of the driver's employment, including date employment commenced, size and type of vehicles operated, hours operated per day, distances from normal work reporting location traveled, whether hazardous materials are transported in quantities which must be placarded, any other work activities performed in connection with or in addition to driving, accident history, and such additional information as is required by the commission's transportation department.

(3) The physician shall conduct his examination as required by 49 C.F.R. 391.43 , as effective on the date referenced in paragraph (G) of rule 4901:2-5-02 of the Administrative Code, and shall complete the examination form prescribed by that part. If the examining physician finds that the driver cannot be certified because of a condition set forth in 49 C.F.R. 391.41(b)(1) to (b)(11) , as effective the date referenced in paragraph (G) of rule 4901:2-5-02 of the Administrative Code, but that the driver can safely operate certain commercial motor vehicles under certain limited conditions, the physician may provisionally certify the driver. No driver may be provisionally be certified who uses drugs or has a clinical diagnosis of alcoholism within the meaning of 49 C.F.R. 391.41(b)(12) or (b)(13) , as effective on the date referenced in paragraph (G) of rule 4901:2-5-02 of the Administrative Code.

(4) To provisionally certify a driver, the physician must complete the "Medical Examiner's Provisional Certificate" prescribed by the commission's transportation department, in lieu of the "Medical Examiner's Certificate" prescribed in 49 C.F.R. 391.43 , as effective on the date referenced in paragraph (G) of rule 4901:2-5-02 of the Administrative Code. On the certificate, the physician shall indicate the limitations on the driver's activities under which the physician finds the driver can safely operate a motor vehicle, including but not limited to restrictions on the size and type of vehicle operated, hours operated per day, distances from normal work reporting location traveled, and any other work activities performed in addition to driving.

(5) One copy of the certificate shall be furnished to the driver and one copy shall be furnished to the motor carrier that employs him. An additional copy shall be mailed to the commission's transportation department within seven days of the certification by the physician. The provisional certificate shall be effective on the date of mailing to the commission's transportation department. A copy of the driver's and employer's certificate, examination form, and provisional medical certificate shall be kept in the employer's driver qualification file in the same manner as the medical certificate, as required by 49 C.F.R. 391.51 , as effective on the date referenced in paragraph (G) of rule 4901:2-5-02 of the Administrative Code.

(6) Notwithstanding the provisions of 49 C.F.R. 391.45(b) , as effective on the date referenced in paragraph (G) of rule 4901:2-5-02 of the Administrative Code, a person who cannot meet the requirements of 49 C.F.R.,391.41, as effective on the date referenced in paragraph (G) of rule 4901:2-5-02 of the Administrative Code, must be medically examined and provisionally certified in accordance with this rule if that person has not been medically examined and certified or provisionally certified within the preceding twelve months, or such shorter time as the certifying physician may prescribe.

(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 49 C.F.R. 396, as effective on the date referenced in paragraph (G) 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 which are required to be placarded as provided in 49 C.F.R. 170 to 49 C.F.R. 179, as effective on the date referenced in paragraph (G) of rule 4901:2-5-02 of the Administrative Code, to transport passengers for hire, to operate a vehicle designed to carry sixteen or more passengers including the driver, or to operate a commercial motor vehicle beyond the scope of any restrictions indicated by the examining physician.

(9) The commission may revoke the provisional medical certification issued by the physician upon its finding that continued operations by the driver constitute an unreasonable risk of harm to the public, due to the specifics of the medical condition, or the nature of the driving responsibilities in which he is engaged.

Effective: 06/06/2011
R.C. 119.032 review dates: 03/17/2011 and 11/30/2014
Promulgated Under: 111.15
Statutory Authority: 4919.79 , 4921.04, 4923.03, 4923.20
Rule Amplifies: 4919.79 , 4921.04, 4923.03, 4923.20
Prior Effective Dates: 1/20/63, 3/19/87, 10/28/90, 5/5/00, 9/17/06