The Trucking Law section on Overdrive is a monthly feature where we address frequently asked questions from truckers and owner-operators, consulting with legal professionals. In this edition, Dr. Alex Underwood discusses how drivers can return to work even after significant life changes. You can explore all installments of Trucking Law through this link.
A person may be able to qualify for a Skill Performance Evaluation if their physical condition is fixed and non-progressive, such as an amputated limb.
The Federal Motor Carrier Safety Administration (FMCSA) has made significant strides in recognizing that drivers with certain disabilities can be safe behind the wheel. Many of the drivers I see after an accident have experienced a loss of a limb, an eye, or their hearing. Thankfully, many of them can return to commercial driving following such life-altering experiences.
According to federal guidelines, “A person is physically qualified to operate a Commercial Motor Vehicle (CMV) if that individual has no loss of a foot, leg, hand, or arm, OR has been granted a Skill Performance Evaluation (SPE) certificate … [and] has no impairment of a hand or finger that interferes with prehension or power grasping.”
To qualify for driving with a missing limb or a deficiency in a hand, finger, or leg, the driver must follow certain procedures. The medical condition must be fixed and not progressive, meaning it cannot worsen over time. For instance, an amputated hand qualifies as a fixed condition. In some cases, a driver may need to be fitted with a suitable prosthetic device.
Dr. Alexander E. Underwood can be reached at KT Health Clinic, located a mile from I-44’s Exit 80 near Springfield, Missouri.
However, conditions affecting the nervous system, such as multiple sclerosis, are considered progressive. Even if a driver experiences an issue in only one extremity due to such diseases, they would not qualify for a Skill Performance Evaluation.
During your Department of Transportation (DOT) physical examination, the examiner will assess your eligibility for an SPE. Certain impairments, like a missing finger or toe, typically do not necessitate an SPE in addition to your standard DOT medical exam. If multiple fingers are missing, the examiner will evaluate whether this impacts your ability to grip a steering wheel or operate vehicle controls effectively.
If a medical examiner identifies a non-progressive deficit but deems you otherwise medically fit, they will issue a medical card with a requirement for an SPE. After completing the physical examination, you must obtain the SPE application from the FMCSA’s website.
After filling out the application and undergoing evaluation by a certified physiatrist or orthopedic surgeon, you’ll need to submit the completed packet, which requires detailed information about your driving plans, including vehicle specifications.
Throughout my career, I have certified numerous drivers who successfully obtained an SPE. Reports indicate that the FMCSA has issued over 3,000 SPE certificates to truck drivers, allowing many to maintain a prosperous career despite physical challenges. For more information about the SPE, you can contact the program in Washington, D.C., at (202) 366-4001 or via email at [email protected]. The program also operates two regional service centers to assist various states.
