Section 4129 of SAFETEA-LU

SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A

LEGACY FOR USERS

[[Page 119 STAT. 1144]]

Public Law 109-59

109th Congress

An Act

To authorize funds for Federal-aid highways, highway safety programs,

and transit programs, and for other purposes. <<NOTE: Aug. 10,

2005 - [H.R. 3]>>

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress <<NOTE: Safe, Accountable,

Flexible, Efficient Transportation Equity Act: A Legacy for

Users. Inter- governmental relations. 23 USC 101 note.>> assembled,

SEC. 4129. OPERATION OF COMMERCIAL MOTOR VEHICLES BY INDIVIDUALS WHO USE

INSULIN TO TREAT DIABETES MELLITUS.

(a) <<NOTE: Deadline.>> Revision of Final Rule.--Not later than 90

days after the date of the enactment of this Act, the Secretary shall

begin revising the final rule published in the Federal Register on

September 3, 2003, relating to persons with diabetes, to allow

individuals who use insulin to treat their diabetes to operate

commercial motor vehicles in interstate commerce. The revised final rule

shall provide for the individual assessment of applicants who use

insulin to treat their diabetes and who are, except for their use of

insulin, otherwise qualified under the Federal motor carrier safety

regulations. <<NOTE: Applicability.>> The revised final rule shall be

consistent with the criteria described in section 4018 of the

Transportation Equity Act for the 21st Century (49 U.S.C. 31305 note)

and shall conclude the rulemaking process in the Federal Motor Carrier

Safety Administration docket relating to qualifications of drivers with

diabetes.

(b) No Period of Commercial Driving While Using Insulin Required for

Qualification.--After the earlier of the date of issuance of the revised

final rule under subsection (a) or the 90th day following the date of

enactment of this Act, the Secretary may not require individuals with

insulin-treated diabetes mellitus who are applying for an exemption from

the physical qualification standards to have experience operating

commercial motor vehicles while using insulin in order to be exempted

from the physical qualification standards to operate a commercial motor

vehicle in interstate commerce.

[[Page 119 STAT. 1743]]

(c) Minimum Period of Insulin Use.--Subject to subsection (b), the

Secretary shall require individuals with insulin-treated diabetes

mellitus to have a minimum period of insulin use to demonstrate stable

control of diabetes before operating a commercial motor vehicle in

interstate commerce. Such demonstration shall be consistent with the

findings reported in July 2000, by the expert medical panel established

by the Secretary, in ``A Report to Congress on the Feasibility of a

Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to

Operate Commercial Motor Vehicles in Interstate Commerce as Directed by

the Transportation Equity Act for the 21st Century''. For individuals

who have been newly diagnosed with type 1 diabetes, the minimum period

of insulin use may not exceed 2 months, unless directed by the treating

physician. For individuals who have type 2 diabetes and are converting

to insulin use, the minimum period of insulin use may not exceed 1

month, unless directed by the treating physician.

(d) Limitations.--Insulin-treated individuals may not be held by the

Secretary to a higher standard of physical qualification in order to

operate a commercial motor vehicle in interstate commerce than other

individuals applying to operate, or operating, a commercial motor

vehicle in interstate commerce; except to the extent that limited

operating, monitoring, and medical requirements are deemed medically

necessary under regulations issued by the Secretary.