Nev. Admin. Code § 483.8012 - Medical examiner's certificate: Medical examination required; variance or waiver; exception

1. Except as otherwise provided in subsection 5, every person who applies for, or currently holds, a commercial driver's license, commercial driver's license instruction permit or commercial learner's permit shall undergo a medical examination that meets the requirements of 49 C.F.R. § 391.43.

2. If the applicant or holder obtains a medical examiner's certificate that requires a variance or waiver, he or she may apply:

(a) To the Federal Motor Carrier Safety Administration of the United States Department of Transportation for a variance.

(b) To the Department for a waiver pursuant to NAC 483.8031 if the applicant or holder:

(1) Is unable to obtain a variance from the Federal Motor Carrier Safety Administration;

(2) Operates a commercial motor vehicle solely within the borders of this State; and

(3) Does not hold an endorsement obtained pursuant to 49 C.F.R. § 383.93 to operate a passenger vehicle, a school bus or a vehicle used to transport hazardous materials.

3. A holder of a commercial driver's license that contains an endorsement to operate a passenger vehicle, a school bus or a vehicle used to transport hazardous materials who is unable to obtain a medical examiner's certificate and operates a commercial motor vehicle solely within the borders of this State must:

(a) Remove the endorsement and apply for a waiver pursuant to NAC 483.8031;

(b) Self-certify pursuant to NAC 483.801 that he or she intends to operate a commercial motor vehicle only in nonexcepted intrastate commerce and apply for a waiver pursuant to NAC 483.8031;

(c) Self-certify pursuant to NAC 483.801 that he or she intends to operate a commercial motor vehicle only in excepted interstate commerce or excepted intrastate commerce; or

(d) Apply to the Department for a noncommercial driver's license pursuant to NRS 483.010 to 483.630, inclusive.

4. A holder of a commercial driver's license whose variance issued by the Federal Motor Carrier Safety Administration has been removed or rescinded must:

(a) If he or she wishes to continue operating a commercial motor vehicle:

(1) Provide a current medical examiner's certificate indicating that the health of the holder is such that he or she does not require, or no longer requires, a waiver or variance to operate a commercial motor vehicle;

(2) Self-certify pursuant to NAC 483.801 that he or she intends to operate a commercial motor vehicle only in nonexcepted intrastate commerce and apply for a waiver pursuant to NAC 483.8031; or

(3) Self-certify pursuant to NAC 483.801 that he or she intends to operate a commercial motor vehicle only in excepted interstate commerce or excepted intrastate commerce; or

(b) If he or she wishes to operate only a noncommercial motor vehicle, apply to the Department for a noncommercial driver's license pursuant to NRS 483.010 to 483.630, inclusive.

5. A person who applies for, or currently holds, a commercial driver's license, commercial driver's license instruction permit or commercial learner's permit and who operates a commercial motor vehicle only in excepted interstate commerce or excepted intrastate commerce is not required to comply with the provisions of subsection 1.

6. An applicant who is unable to meet the standards for hearing set forth in 49 C.F.R. § 391.41(b)(11) is not eligible for a waiver issued by the Department, but may apply to the Federal Motor Carrier Safety Administration for a variance.

Notes

Nev. Admin. Code § 483.8012

Added to NAC by Dep't of Motor Veh. by R142-12, 11-1-2012, eff. 1-28-2013; A by R049-15, eff. 4/4/2016

NRS 483.908