Medical Exemptions from Hearing Requirements Administering CDL Skills

Medical Exemptions from Hearing Requirements Administering CDL Skills Tests to Deaf or Hard of Hearing Applicants 2015 CDL Coordinators Meeting Charlotte, NC

Medical Exemptions • On February 1, 2013, the Medical Unit of the FMCSA granted exemptions from the hearing requirements as described in § 391. 41(b)(11) to 40 hard of hearing/deaf individuals from 20 different States. • Exemptions allow these individuals to operate CMVs in interstate commerce for a 2 -year period. • Exemptions preempt State laws and regulations and may be renewed.

• Granting exemptions from the hearing requirements became controversial when the first applicant appeared in a SDLA office for a Skills Test. • FMCSA requested that the TMS look at the issue and make recommendations for testing.

What factors were taken into consideration by TMS • TMS discussed the pros and cons of testing a hearing impaired applicant; the safety implications for the vehicle inspection, basic control skills and road tests; and identified potential accommodations, approaches and alternatives to testing hard of hearing/deaf applicants.

• We conducted a survey to determine how States test hard of hearing/deaf: – Non-commercial applicants – CDL Intrastate Waiver applicants – CLP/CDL Interstate applicants • Responses were received from 27 States

Do you conduct skills/driver’s test for hard of hearing/deaf applicants? • Non-commercial testing: – 26 do conduct skills/driver’s tests – 14 allow the use of an ASL interpreter for some/all portions of the test(s). – Only 5 permit the ASL interpreter to assist during the in-vehicle portions of the test. In two jurisdictions, the Examiner is an ASL interpreter.

Do you issue CLPs/CDLs restricted to Intrastate driving only to hard of hearing/deaf applicants? • CDL Intrastate Restrictions/Waivers – 10 do issue restricted CDLs – The application and eligibility process varies with each jurisdiction. – In most cases, current CDL holders are not required to retest

Has your state administered a Skills Test or processed a CLP/CDL application to/for the holder of a hearing exemption? • CDL applicants granted exemptions: – 6 have taken Skills Tests in 6 jurisdictions • 5 had never held CDL (1 unknown) • 2 completed CDL Driver Training, 2 did not; unknown whether the remaining 2 received any training • 3 have passed the Skills test (none took driver training) – 1 jurisdiction has issued some CLPs but no drivers have been tested – In 1 jurisdiction if the applicant holds a valid CDL, retesting is not required.

English Language Requirement – FMCSA Guidance On October 2 nd, the Federal Motor Carrier Safety Administration (FMCSA) issued regulatory guidance on driver qualifications and the applicability of language requirements to drivers who do not meet the hearing standard. Existing federal regulations require that interstate drivers must be able to read and speak the English language sufficiently to (FMCSR § 391. 11(b)(2)). If a driver fails to meet the medical hearing standard but has obtained an exemption from that requirement from FMCSA and is capable of reading and writing in English, that driver satisfies the English language requirement. The absence of the ability to speak in English is not an indication that the individual cannot read and write in English.

TMS Proposed Test Methodology Prior to beginning the test: • Provide written instructions explaining the entire examination process. • Outline specific requirements for each test segment. • Allow applicant to ask/write any questions they have and to ensure they understand the instructions.

Vehicle Inspection • Have the applicant read the script prior to beginning the vehicle inspection. • Ask the applicant questions to confirm that they understood the instructions. • If the applicant can speak, they can provide the required commentary. • If they are unable to speak, the applicant will be required to explain in writing what they are inspecting on each component. • If prompting or probing of the applicant is required; or if the applicant needs clarification, it would be done by writing notes between applicant and Examiner.

Basic Control Skills • Utilizing a diagram of your basic control skills range containing written labels illustrating the start point, end point, exercises, boundaries, etc. , walk the applicant through the course. • Have the applicant read the script (general overview of the test) and confirm that s/he understands the instructions. • Have the applicant move the vehicle to the starting position for the basic skills. • Once in position, have the applicant read the instructions for the exercise and perform it. • This would be repeated for each of the three required exercises. • If the applicant needs clarification, it would be done by writing notes between applicant and Examiner.

Road Test • Prior to beginning the test, have the applicant read the script/instructions and review a map of the road test route. • Explain how you will be giving directions/instruction and allow the applicant to ask questions if needed. • If you are using direction flash cards, hand gestures/motions, hand‐held grease board or pen/paper instruct the applicant how and when these will be used; and make sure s/he understands their meaning.

Tools & Resources In jurisdictions that prohibit the use of an ASL interpreter, a variety of tools/resources are used: • Written instructions or directions • Hand signals/motions • Flash cards • One/two word cue cards • Notes/messages on e -CDL pads • Dry erase boards • Maps (road test) • 2 Examiners for BCS • Combination of tools

Next Steps AAMVA and FMCSA would like to establish Best Practices for testing hard of hearing/deaf drivers. • Training materials for field examiners regarding basic hand signals and charts for hand signal reference • Flash cards, cue cards • Any other resources that you have used and found to be effective.

Questions ? Comments / questions should be directed to the Test Maintenance Subcommittee through: Karen Morton kmorton@aamva. org