11.21.01.06

.06 49 CFR 391, Qualifications of Drivers — Amendments and Exemptions.

A. 49 CFR §391.1. The provisions of 49 CFR §391.1 are not applicable to a farmer, or an agent or employee of a farmer, who operates farm equipment intrastate or a motor vehicle owned or operated by the farmer in the intrastate transportation of supplies to a farm or the transportation of farm products as defined in Agriculture Article, §10-601, Annotated Code of Maryland, within 150 air miles of the farmer's farm.

B. 49 CFR §391.11. A driver who operates intrastate only, who does not transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations, and who does not operate a vehicle designed to transport 16 or more passengers, including the driver, may operate those vehicles described in Regulation .03 of this chapter if the driver is at least 18 years old and otherwise qualified to operate the vehicle.

C. 49 CFR §§391.21, 391.23, 391.31, and 391.35. The provisions of 49 CFR §§391.21, 391.23, 391.31, and 391.35 are not applicable to the intrastate driver, or to the motor carrier, with regard to the intrastate driver, who is a regularly employed driver of a motor carrier for a continuous period that began before July 1, 1986, and who does not:

(1) Transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or

(2) Operate a vehicle designed to transport 16 or more passengers, including the driver.

D. 49 CFR §391.41.

(1) The physical qualifications of 49 CFR §391.41 are not applicable to individuals employed by the Administration as driver license examiners or school vehicle inspectors while in the performance of their official duties.

(2) The medical examination and certification requirements of 49 CFR §391.41 are not applicable to the intrastate driver who operates a vehicle or vehicle combination with a registered gross or combination weight of less than 10,001 pounds, and who does not:

(a) Transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or

(b) Operate a vehicle designed to transport 16 or more passengers, including the driver.

E. 49 CFR §391.41(b).

(1) An intrastate driver who does not operate a bus or who does not transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations, or who does not operate a vehicle designed to transport 16 or more passengers, including the driver, and who does not meet the physical qualifications of 49 CFR §391.41(b)(1)—(3), (10), or (11), may drive in intrastate commerce if issued a waiver for intrastate operation by the Administrator. The waiver is valid for up to 2 years from the date of issue.

(2) In order to obtain a waiver for medical conditions from the provisions of 49 CFR §391.41(b)(1)—(3), (10), or (11), the intrastate driver shall:

(a) Be otherwise qualified to operate a commercial motor vehicle;

(b) Operate in intrastate commerce; and

(c) Have a mental or physical condition which would disqualify the individual under 49 CFR §391.41(b)(1)—(3), (10), or (11).

(3) In order to obtain a waiver for intrastate operation from the provisions of 49 CFR §391.41(b)(11), the applicant shall currently hold or have held within the past year a valid commercial drivers license.

(4) The condition set forth in §E(2)(c) of this regulation shall:

(a) Be certified by a physician who has examined the individual and determined the medical condition; and

(b) Be documented on the form provided by the Administration.

(5) While operating a commercial motor vehicle requiring a commercial driver's license to operate, the driver shall be in possession of a valid intrastate waiver issued by the Administration, showing that the provisions of 49 CFR §391.41(b), have been waived.

(6) A copy of the waiver for intrastate operation shall also be filed in the driver qualification file of the motor carrier employing the driver.

F. 49 CFR §§391.41(a), 391.43, and 391.45. The medical examination and certification requirements of 49 CFR §§391.41(a), 391.43, and 391.45 are not applicable to the intrastate driver who:

(1) Operates a vehicle or vehicle combination with a registered gross or combination weight of less than 26,001 pounds;

(2) Does not transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or

(3) Does not operate a vehicle designed to transport 16 or more passengers, including the driver.

G. 49 CFR §391.49.

(1) A driver who operates intrastate only in a commercial motor vehicle requiring a commercial driver's license to operate, who is not physically qualified to drive under 49 CFR §391.41(b)(1) or (2), and who is otherwise qualified to drive a motor vehicle, may drive in intrastate commerce only, if granted a waiver by the Administrator. The waiver is valid for up to 2 years from the date of issue.

(2) In order to obtain a waiver for intrastate operation from the provision of 49 CFR §391.41(b)(1) or (2), the intrastate driver shall comply with the requirements specified in 49 CFR §391.49 for interstate drivers.

(3) For the driver who operates intrastate only, and who is applying for a waiver under the provisions of 49 CFR 391.49(a), all references to the "Regional Director, Motor Carrier Safety", contained in 49 CFR §391.49, shall be replaced with "Administrator".