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Insulin Dependent School Bus Drivers Medical Waiver Board Appeal Process
Prior to June 22, 2010 § The school bus driver medical standards were set by the Pupil Transportation Act, Act 187 of 1990. Under the rules, a bus driver with diabetes qualified for a school bus medical certificate provided they met certain conditions. § It was not a waiver § No waivers were available.
After June 22, 2010 § Public Act 93 of 2010 was signed into law § As of this date, the medical requirements of bus drivers changed to “the requirements…found in 49 CFR 391. 41 to 391. 49. § Commonly called the “DOT Physical” § 391. 41(b)(3) disqualifies a driver that uses insulin to control diabetes.
Two Exceptions The requirement of 49 CFR 391. 41 (b)(3) does not apply if either of the following is true: The driver of the school bus has been granted a waiver under section 3 of the motor carrier safety act of 1963, 1963 PA 181, MCL 480. 13. (Was not possible at the time. )
Two Exceptions Or The driver of the school bus is employed as a school bus driver on the effective date of the amendatory act that added this subdivision, diabetes is noted at the time of examination, and the requirements of subdivision (c) are met. (Grandfathered)
Motor Carrier Safety Appeal Board § Created in Act 181, Motor Carrier Safety Act. § 480. 13 of Act 181 states The Appeal Board shall decide applications for waivers from medical requirements of this act and the rules promulgated pursuant to this act. § 480. 15 also stated This act and the rules promulgated under this act do not apply to a school bus …
House Bill 4360 § Signed into law Public Act 156 on September 27, 2011 § Amended Act 181 section 5 to read “Except for the purpose of granting a waiver in accordance with section 53 of the pupil transportation act this act and the rules promulgated under this act do not apply to a school bus…
So now school bus drivers can apply for a waiver from the insulin controlled diabetes disqualifier.
Three Possible Situations § A bus driver that was diagnosed with diabetes and was employed as a bus driver prior to June 22, 2010 § A current bus driver that develops diabetes after June 22, 2010 § A new hire bus driver that does not pass the medical examination.
Diabetic driver before June 22, 2010 § Grandfathered in. § Follow the rules that were in effect prior to June 22, 2010. § Continues to carry a blue MDE medical card. § Does not need a waiver.
Medical Waiver Board Process § Driver fails DOT Physical due to insulin use. § The employer determines if they will support the driver operating their school buses with a medical waiver. They are not required to. § A waiver packet is submitted to the State Police Commercial Vehicle Enforcement Division Medical Waiver Unit.
Waiver Packet to be submitted includes § MC-027 Application for Intrastate Medical Waiver § MC-028 Physician’s Statement of Examination § MC-029 Vision Specialist Statement of Examination § DOT Medical Examination Report § 60 days of blood sugar readings
§ § § Employment application Driving record Copy of accident reports for any accidents applicant has been involved in the last five years. § May submit any other documentation to support appliacation.
Common Problems § Incomplete forms. All information requested is required. § Each medical document must be completed by a different medical professional. § Paperwork too old. All exams must be completed within the prior 60 days. § Missing documentation. No blood sugar reading, driving record, crash report…
Waiver Board Meeting § After the complete packet is submitted the driver will be schedule to attend the next waiver board meeting. § The driver must attend or a waiver will not be approved. § The employer is encouraged to attend. § The waiver will be approved or denied at the meeting.
General Information § The waiver board meets the third Wednesday of the month in January, April, July, and October. § The application packet is due two weeks before the waiver board hearing. § The waiver will be valid for no more than one year. May be less if board has concernes.
General Information (cont) § The waiver is only valid for the company (school district) listed on the waiver. § The waiver is only valid in intrastate operations. (Within Michigan) § Driver may have more than one waiver.
Renewal § Same packet is required except instead of an employment application, a list of accidents and sick time used since last waiver was issued is required. § Unless something unusual happened, the applicant does not have to attend another waiver board hearing.
Additonal Information § Michigan Department of Education Web Page. Pupil Transportation link. § Michigan Department of State Police Web Page. Commercial Vehicle Enforcement Division link. § Michigan State Police Medical Waiver Unit (517)241 -0542
Touch HERE to move on to MCL 480. 13 Motor Carrier Safety Review Board Regulation