§ 39-08-21 — Medical qualifications exemption for intrastate drivers

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.