(a) The provisions of the Act and 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 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 2d(2)(a) to (i). (FN1)
(b) The provisions in the Act pertaining to an intrastate driver's medical qualifications do not apply to any driver who:
(1) Has been a regularly employed driver of the motor carrier for a continuous period which began on or before June 10, 1984.
(2) Has continued to be a regularly employed driver of that motor carrier.
(3). With the exception of section 2d(2)(f), (FN2), is otherwise qualified to drive a motor vehicle under section 2d. (FN3)
(4) Has made application to the appeal board claiming grandfathering rights.
(5) 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 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 form number MC-25, will be retained in the driver's qualification file in accordance with section 2m. (FN4)
(c) Notwithstanding subsection (b) hereof, the provisions of the Act pertaining to random, reasonable cause, and post-accident drug testing apply to all drivers granted grandfathering rights under this section.
(d) Grandfathering rights shall remain valid until December 31, 2032.
(e) The exemption from medical qualifications under this section applies only to preexisting conditions before January 8, 1996. Any medical condition that would normally disqualify a driver under the Act automatically voids any grandfathering rights. Any driver who develops a normally disqualifying medical condition after being issued a grandfather card must return the grandfather card to the appeal board.
(f) 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.
(g) For 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. 391.1 to 391.41 and 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 Part I of this chapter, relating to the maintenance offices and records, do not apply to a farm vehicle driver as defined in 49 C.F.R. 390.5.
(Ord. 97-10. Passed 11-5-97.)