39-08-21. Medical qualifications exemption for intrastate drivers.
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/nd/title-39/chapter-39-08-regulations-governing-operators/39-08-21·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding the adoption by the superintendent of the state highway patrol of federal motor carrier safety regulations pursuant to subsection 3 of section 39-21-46, the provisions of 49 CFR 391.41(b)(1)-(11) do not apply to a person who is qualified through a state medical waiver program to operate a commercial motor vehicle within the boundaries of this state or a person who:
1. Is otherwise qualified to operate a commercial motor vehicle and who possesses, on
March 26, 1991, a class 1 license issued pursuant to section 39-06-14, as that section
existed on June 30, 1989, or a class A license issued pursuant to chapter 39-06.2;
2. Operates a commercial motor vehicle only within the boundaries of this state; and
3. Has a medical or physical condition that:
a. Would prevent such person from operating a commercial motor vehicle under
federal motor carrier safety regulations contained in 49 CFR, chapter III,
subchapter B;
b. Existed on March 26, 1991, or at the time of the first required physical
examination after that date; and
c. An examining physician has determined has not substantially worsened since
March 26, 1991, or the time of the first required physical examination after that
date.