Despite safety concerns expressed by a national truck driver training group, federal regulators confirmed on Thursday their exemption of 18 drivers who are deaf or hard of hearing from certain commercial vehicle regulations.
The Federal Motor Carrier Safety Administration stated that it had evaluated the applicants’ eligibility “and determined that granting exemptions to these individuals would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved by complying with” federal regulations.
The two-year exemptions expire on Dec. 22, 2024.
However, the Commercial Vehicle Training Association (CVTA), members of which train over 100,000 drivers annually, argued that FMCSA had provided no “comprehensive understanding” of its reasoning for the exemptions, as well as for exemptions renewed earlier this year to 40 deaf and hard-of-hearing individuals who had received initial exemptions in 2013.
Without such understanding, “our members are not able to provide a consistent standard without sacrificing safety or opening themselves up to liability,” CVTA asserted.
Federal regulations state that a person is physically qualified to drive a commercial motor vehicle if that person “first perceives a forced whispered voice in the better ear at not less than five 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 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard.”
In renewing the 40 existing exemptions, FMCSA “provided little to no relevant data other than noting that they ‘searched for crash and violation data’ and ‘driving records from the State Driver’s Licensing Agency’ when making the decision,” CVTA stated. “The agency did not articulate a satisfactory explanation of why this data was relevant” when determining if the exemptions would likely achieve an equivalent or greater level of safety, the group added.
“Therefore, although CVTA fully supports the FMCSA’s mission to promote inclusivity and provide reasonable accommodations, it is the opinion of the association that not enough research has been made available to the public on this matter and the Agency has not been transparent with their standards of how exemptions are granted or extended. We request additional research, public data, and guidance on this matter.”
In responding, FMCSA countered that CVTA “has not provided any data showing that drivers who are hard of hearing or deaf are at increased crash risk.”
It pointed out that training of deaf or hard-of-hearing drivers is beyond the scope of medical exemptions and is not evidence that it should not grant hearing standard exemptions.
“FMCSA notes there are CDL training schools that have successfully trained deaf and hard of hearing drivers and state driver’s licensing agencies have found ways to conduct CDL skills tests for such individuals,” the agency stated. “FMCSA believes that it is not necessary for FMCSA to ‘provide a consistent standard’ for training and testing activities when considering an application for an exemption from the hearing standard.”
The agency also emphasized that its hearing exemptions are based on “relevant medical information and literature” and a 2008 report that reached two conclusions regarding the matter of hearing loss and CMV driver safety:
- No studies were identified showing a relationship between hearing loss and crash risk exclusively among CMV drivers.
- Evidence from studies of the private driver’s license holder population does not support the contention that those with hearing impairment are at an increased risk for a crash.
Randy
Honestly, How can a deaf person hear a horn ? Or other safety issues ?
So why can’t people with 1 eye have a CDL ?
When the CDL came into effect years ago I had a chauffeur license and hauled hazardous waste .
When I went to renew & get a new license & CDL the FL.DMV refused me a CDL saying the Feds won’t allow drivers with one eye !
The Federal government cost me a nice job and living.
I drove in every state except Alaska and Hawaii at one time or another. I also drove a R model tandem axle semi Rollback in South Florida. Plus I drove Dump trucks part time.
For years I’ve asked to be given a CDL .
And I shouldn’t have to do NO school since I had a legal chauffeur’s license & was Denied years ago.
I can see better than most people with 2 eyes. Have a perfect driving record and I can Hear .
What makes these people better than me or anyone with one eye ?
Sounds like someone is getting a payoff ?
Mark Dzukola
Am I going to hear a forced whisper while going down the road, no! How is this a safety sensitive issue? I’ve driven for 36 years, 20 as a o/o never has my hearing loss been an issue accept for these government wizards that create problems for our industry. No wonder we have a severe driver shortage!
Greg
There is no standard for the hearing test, I couldn’t hear the petite female whispering but the male Marine captain whispering was crystal clear. Has to do with pitch and tone as well as the perceived volume of a whisper. Probably the most useless test in the DOT Physical. Plus if you fail they send you off to a hearing specialist which in most cases isn’t covered by insurance. Then the results of the hearing test come back and you are within the parameters and then have to go through the process again the next annual DOT physical
John J Delfino
Yes now you can be deaf and blind and still the FMCSA will exempt you.
Kevin McCurley
I lost my cdl because I couldn’t pass the mechanical hearing test due to tinnitus in both ears after an accident-free 25 years. If you think hearing is the most important aspect to being fit for driving, you’re not thinking clearly.
James
I play the radio when driving it’s all about the eyes space and speed. It’s simple
David Berkovits
D O T physicals are a joke. They exclude someone who is healthy yet has diabetes from driving a C M V and if your blood pressure is above 140/80 and below 150/90 over 90 they consider that high blood pressure.
Arthur Moran
How will licensing be affected by drivers or instructors with one eye?