(a) Drivers of Property.
(1) The provisions of this chapter and 49 C.F.R. 391.31, relating to applications for employment, 49 C.F.R. 391.23, relating to investigations and inquiries, 49 C.F.R. 391.31, relating to road tests, and 49 C.F.R. 391.35, relating to written examinations, do not apply to a driver who has been a regularly employed driver of an intrastate motor carrier of property for a continuous period which began on or before June 10, 1984, as long as he or she continues to be a regularly employed driver of that motor carrier. Such a driver is qualified to drive a motor vehicle if he or she fulfills the requirements of Section 486.03(b)(1) to (9).
(2) The provisions in the Act pertaining to an intrastate driver's medical qualifications do not apply to any driver who:
A. Has been a regularly employed driver of the motor carrier for a continuous period which began on or before June 10, 1984.
B. Has continued to be a regularly employed driver of that motor carrier.
D. Has made application to the Appeal Board claiming grandfathering rights.
E. Has received a waiver of medical qualification from the Motor Carrier Division of the Department of State Police. The "medical waiver-grandfather rights" card, Motor Carrier Division of the Department of State Police form number MC-22, shall be carried at all times on the person of the driver while he or she is operating a motor vehicle. The original "medical waiver-grandfather rights," Motor Carrier Division of the Department of State Police form number MC-25, will be retained in the driver's qualification file in accordance with Section 486.08.
(b) Bus Drivers.
(1) The provisions of 49 C.F.R. 391.21, relating to applications for employment, 49 C.F.R. 391.23, relating to investigations and inquiries, 49 C.F.R. 391.31, relating to road tests, and 49 C.F.R. 391.35, relating to written examinations, do not apply to a driver who has been a regularly employed driver of an intrastate motor carrier of passengers for a continuous period which began not less than thirty days before the effective date of the amendatory act that added this section, as long as he or she continued to be a regularly employed driver of that motor carrier. Such a driver is qualified to drive a bus if he or she fulfills the requirements of Section 486.03(b)(1) to (9) relating to qualifications of drivers.
(2) The provisions of this chapter pertaining to an intrastate driver's medical qualifications do not apply to a bus driver who:
A. Has been a regularly employed driver of the motor carrier for a continuous period which began not less than thirty days before the effective date of the amendatory act that added this section.
B. Has continued to be a regularly employed driver of that motor carrier.
D. Has made application to the Motor Carrier Division of the Department of State Police claiming grandfathering rights.
E. Has received a waiver of medical qualification from the Motor Carrier Division of the Department of State Police. The "medical waiver-grandfather rights" card, Motor Carrier Division of the Department of State Police form number MC-22, shall be carried at all times on the person of the driver while he or she is operating a motor vehicle under the applicability of these rules. The original "medical waiver-grandfather rights," Motor Carrier Division of the Department of State Police form MC-25, will be retained in the driver's qualification file in accordance with Section 486.08.
(c) Investigation of Drivers' Past Employment. The provisions of 49 C.F.R. 391.23(a)(2) and (c) relating to the investigation of the driver's past employment do not apply to a person who becomes a driver for a motor carrier after being a full time employee of the motor carrier for a minimum of three years before becoming a driver.
(d) Drivers of Vehicles Displaying Farm Registration Plates. The provisions of 49 C.F.R. 391.21, relating to application for employment, 49 C.F.R. 391.23, relating to investigations and inquiries, 49 C.F.R. 391.31, relating to road tests, 49 C.F.R. 391.35, relating to written examinations, 49 C.F.R. 391.41 to 391.45, to the extent that they require a driver to be medically qualified or examined and to have a medical examiner's certificate on his or her person, and of Section 496.08, relating to the maintenance of files and records, do not apply to a driver of a vehicle eligible for and displaying a farm registration plate.
(e) Motor Carrier Equipment Service Mechanics. The provisions of this chapter do not apply to a mechanic who services motor carrier equipment during the intrastate operation of this equipment when:
(1) The vehicle or combinations are not being used to transport passengers or property or for any for-hire or compensated transportation, including paid haulage when the units are empty.
(2) The mechanic is not otherwise being used as a regularly employed driver.
(f) Utility, Telephone and Cable Television Company Service Employees. This chapter and 49 C.F.R. Part 391 do not apply to utility, telephone and cable television company service employees if the employee:
(1) Is not otherwise being used as a regularly employed driver.
(2) Is not used to operate a bus or a motor vehicle, except a motor home, having a gross vehicle weight rating of 36,001 or more pounds, a motor vehicle towing a vehicle with a gross vehicle weight rating of more than 10,000 pounds or a motor vehicle carrying hazardous material and on which is required to be posted a placard as defined and required under 49 C.F.R. Parts 100 to 180. This does not include a vehicle used exclusively to transport personal possessions or family members for nonbusiness purposes.
(g) Exemption to Rules in 49 C.F.R. Part 395. The rules in 49 C.F.R. Part 395 apply to all drivers of commercial motor vehicles as defined in Section 486.01 except:
(1) Farm vehicle drivers as defined in 49 C.F.R. 390.5.
(2) Mechanics as provided in subsection (e) hereof.
(3) Utility, telephone and cable television company service employees as provided in subsection (f) hereof.
(4) Any driver of a public utility service vehicle when being used in cases of emergency.
(Res. 93-512. Passed 7-26-93.)