247 Neb. Admin. Code, ch. 7, § 003

Current through September 17, 2024

Section 247-7-003 - Physical and Mental Requirements

003.01Class A, B, and all permits (excluding school bus) - No applicant shall be issued a license or permit to operate a motor vehicle on the streets and highways of the State of Nebraska until such person has satisfied the examiner and/or the Director that he/she possesses a sufficient physical and mental capacity to operate a motor vehicle with a reasonable degree of safety.

If through information revealed on the application for the license or permit, through observation or personal knowledge of the examiner, or through information revealed in the driving record of the applicant it is determined by the examiner that an applicant may suffer from any physical defect or defects of a character which may affect the safety of operation by such applicant of a motor vehicle, the examiner shall require the applicant to show cause why such license or permit should be granted and the license shall not be issued until such cause is shown.

003.01A The examiner may require that the applicant be issued a Request For Statement Of Physician when he/she has reason to believe that a physical or mental condition exists in the applicant which may impair the safe operation of a motor vehicle.

003.01A1 The examination documented on the Request For Statement Of Physician must have been conducted no more than 90 days prior to the date of the application for the license. However, the examiner at his or her discretion, may request that a more current examination be conducted and recorded on a Statement Of Physician if in his or her judgment there has been a significant change in the health condition of the applicant since the last documented examination.

003.01A2 If the examining physician indicates on the Request for Statement of Physician that the applicant is not physically and/or mentally capable of safely operating a motor vehicle, the issuance of the license or permit shall be denied.

003.01A3 If the examining physician indicates on the Statement Of Physician that the applicant meets the physical and mental standards established by the Department through Policies and Procedures of the Director, and if the examining physician answers in the affirmative that the applicant is physically and mentally qualified to operate a motor vehicle, then such applicant will be considered qualified to continue with the examination process.

003.01A4 If the examining physician indicates on the Request for Statement of Physician that the applicant should operate a motor vehicle only under certain specific restrictions, the examiner may consider this recommendation along with the results of other parts of the examination for license in deciding whether to issue a license or permit subject to such specific limitations.

003.01B In addition to any other inquiries into the physical and mental capacity of an applicant to safely operate a motor vehicle, the examiner may require that the applicant demonstrate his/her ability to safely operate the motor vehicle for which a license is being sought.

003.01C In addition to any other inquiries into the physical and mental capacity of an applicant to safely operate a motor vehicle, the examiner may require that the applicant demonstrate his/her knowledge of the traffic laws and safe driving principles of the State of Nebraska -unless exempted from this portion of the examination by the provisions of 60-411.01(3).

003.01D After considering the results of all phases of the examination, the examiner may issue a limited license restricted to such driving conditions and/or special control apparatus as the examiner may determine is reasonable to insure that the applicant will be able to safely operate a motor vehicle. The restriction(s) shall be printed on the license using the following code system:

Code 1: Must wear spectacle lenses (glasses), contact lenses, or bioptic or telescoptic lenses.

Code 2: Must have right and left outside mirrors on any vehicle driven.

Code 3: Must have automatic turn indicators on any vehicle driven.

Code 4: Must operate vehicles with automatic transmission only.

Code 5: Must operate a vehicle within a specified geographic area or designated roadway only.

Code 6: Must operate a vehicle only during daylight hours; that is, between sunrise and sunset.

Code 7: Must not operate a motor vehicle on any public streets marked for one-way traffic or marked for more than one lane of traffic in each direction.

Code 8: Must drive vehicles equipped with specified controls for operating the steering, brakes and/or speed functions of the vehicle only.

Code 9: Must operate a vehicle only with specified speed limitations.

Code 10: Must not operate a vehicle on any divided arterial highway designed primarily for through traffic with full control of access.

Code 11: Special: as specified by the Department.

003.02School Bus Permits - No person shall be issued a permit to operate a school bus until that person has satisfied the examiner and/or the Director that he/she possesses a sufficient physical and mental capacity to safely operate a school bus.

003.02A An applicant for a school bus permit must meet the qualifications set forth by Department of Education Rule 91 as per N.R.S. 79-328.01(13), and;

003.02B An applicant for a school bus permit must present to the examiner a current physical examination form completed by a licensed physician not more than 90 days prior to permit application indicating that the applicant is physically and mentally qualified to safely operate a school bus. The physical examination must be documented on a form approved by the Department. The examiner may require that a more current examination be conducted and documented if he/she has reason to believe that there has been a significant change in the health condition of the applicant since the last examination.

003.02C An applicant is physically qualified to operate a school bus if he/she meets all of the following requirements:

003.02C1 Has no loss of a foot, a leg, a hand, or an arm, or has been granted a waiver pursuant to Section 391.49 of the Bureau of Motor Carrier Safety of the United States Department of Transportation, or granted a waiver by the Department of Motor Vehicles. The waiver must accompany the physical form when applying for a school bus permit.

003.02C2 Has no impairment of a hand or finger which interferes with prehension or power grasping, or, impairment of an arm, foot, or leg which interferes with the ability to perform normal tasks associated with operating a school bus; or any other significant limb defect or limitation which interferes with the ability to perform normal tasks associated with operating a school bus; or, has been granted a waiver pursuant to Section 391.49 of the Bureau of Motor Carrier Safety of the United States Department of Transportation, or granted a waiver by the Department of Motor Vehicles. The waiver must accompany the physical form when applying for a school bus permit.

003.02C3 Has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control.

003.02C4 Has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure.

003.02C5 Has no established medical history or clinical diagnosis of a respiratory dysfunction likely to interfere with his/her ability to control and drive a school bus safely.

003.02C6 Has no current clinical diagnosis of high blood pressure likely to interfere with his/her ability to operate a school bus safely.

003.02C7 Has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease which interferes with his/her ability to control and operate a school bus.

003.02C8 Has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a school bus.

003.02C9 Has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to operate a school bus.

003.02C10 Must first perceive a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested, by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500Hz., 1000Hz., and 2000Hz. with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA standard) Z24.5-1951.

003.02C11 Must not use an amphetamine, narcotic, or any other habit-forming drug.

003.02C12 Must have no current clinical diagnosis of alcoholism.

003.2DWaiver of Certain Physical Requirements

003.02D1Request for Waiver - The applicant must submit a request for a waiver under Section 003.02C1 or 003.02C2 of these rules and regulations in writing to the Director. The request must be on a form prescribed by the Director and must state the reason or reasons why the applicant feels a waiver should be granted. The Director may require additional medical information and may also require the applicant to demonstrate that he/she can safely operate a school bus.

003.02D2Revocation of Waiver - Any waiver granted by the Director shall be valid for a period of two years from the date of issuance. A waiver may be revoked by the Director only after notice to the person to whom it is issued is given by the Department by mailing such notice by registered to certified mail to the last known address of such person and an opportunity for an appeal in the manner set forth in Section 005 of these rules and regulations has been afforded to such person.

247 Neb. Admin. Code, ch. 7, § 003