What are the rules on amputees?

Discussion in 'Driver Health' started by shriner75, Jan 10, 2012.

  1. shriner75

    shriner75 Heavy Load Member

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    Dec 7, 2008
    Minnesota, dontcha know...
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    So Ive recently had some issues with my foot where I had a partial amputation of the big right toe and now I just had the rst of that toe and a bit more cut off due to infection. No pity please I have accepted it and now am looking forward to see what the feds say about issues like these. I will be out for about 3 weeks and want to make sure I am not in violation of anything when and if I can get back to driving. Thanks for your time and input.:yes2557:
     
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  3. rubberducky68

    rubberducky68 Road Train Member

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    Jefferson GA
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    I hope I can be of some help. I saw your thread and wanted to try and be of some service. I found this information in a search. If it is wrong someone pleased correct me.

    Regulation 391.41(b), which basically states that a person cannot drive a commercial motor vehicle if they have a loss of a foot, a leg, a hand, or an arm. BUT, they always seem to miss the next line:except if they have been granted a skill performance evaluation certificate pursuant to 391.49.

    Within this section is the key for those with this physical condition:

    391.49 9 Alternative physical qualification standards for the loss or impairment of limbs. All one needs is a Skill Performance Evaluation (SPE) Certificate. This certificate shows that the person seeking a CDL can operate the commercial motor vehicle safely, and that the amputee condition does not interfere with the safe operation of the vehicle.

    More info on 391.49
    http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=391.49
     
    shriner75 and Lady K Thank this.
  4. claydcousta

    claydcousta Bobtail Member

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    Nov 16, 2011
    Folsom
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    Yes, the rule is meant to apply to those without amputations. It says you can't be rated for MORE than an amputation would get you to an unamputated extremity.
     
  5. pirinolsky

    pirinolsky Bobtail Member

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    Oct 3, 2012
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    I am about to enroll in a school, Went to speak with them and paid my deposit, got my current MVR, etc. I have to mtake the physical tomorrow to be able to start school.

    I asked the person in the school about the (SPE) skills performance evaluation, and they had no idea what I was talking about.

    I had an accident 3 years ago and lost the distal and middle phalanges on my pinky, ring and middle fingers of my left hand. It has not impeded my life at all really, I am a mig welder and fabricator by trade and the only real setback I have experienced is my typing :p

    So my question is this: When will I be required to take the SPE? Will I need to take it before I even enroll in school? Or after I get my CDL? If its after i get my CDL, wouldn't that make getting a CDL pointless and a waste of money?

    I would appreciate it if anyone can shed some light on this for me, Thanks.
     
  6. cuzzin it

    cuzzin it Road Train Member

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    Berea, KY
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    No you should be able to drive missing some fingers, i have seen people driving. Basically if you can perform the function of operating a truck, you can drive one
    Same with the foot
     
    Last edited: Oct 3, 2012
  7. pirinolsky

    pirinolsky Bobtail Member

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    Oct 3, 2012
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    Thanks for the reply. Its insane how little information there is online about this. All the forums I find state that they're amputees but never follow up on what they had to do.

    Same goes when this question is asked and people link the website that describes the act on amputees or disabled drivers.

    It seems I have to finish school, get my cdl, THEN send my application along with copies of my cdl, the medical examiners report, my drivers test results and scores. Then and only then will I be considered for an spe certificate.

    I am concerned because it states that those with mental illness are not eligible. But I was diagnosed with ptsd and depression after my accident a few years ago.

    So I'm considering nit going thru with it especially if I will be deemed ineligible after I pay fees, drs visits and school.

    Very let down about all this. Not many options right now and I was really looking forward to this.

    I have a kid due next month and am unemployed on the verge of being broke.
     
  8. cuzzin it

    cuzzin it Road Train Member

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    Berea, KY
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    Do NOT disclose anything you do not have too.... Don't volunteer things that would not show up elsewhere.
     
  9. pirinolsky

    pirinolsky Bobtail Member

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    Oct 3, 2012
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    Can you please pm me? I tried to pm you but I couldn't because I'm new.
     
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