FMCSA 2024 SPE Technical Amendment

Summary

On November 18, 2024, the Federal Motor Carrier Safety Administration (FMCSA) published a technical amendment to 49 CFR 391.49. The amendment clarifies the SPE requirements for drivers who have loss or impairment of an upper limb (hand).

Importantly, this update addresses the need for commercial drivers to have precision prehension and power grasp prehension. These capabilities are crucial for safe operation of a commercial vehicle. In addition, the FMCSA provided guidance to help medical examiners avoid common errors when qualifying driver candidates with upper limb loss or impairment. The full amendment is available in the Federal Register.

Updates to 49 CFR 391.49

The 2024 amendment clarifies certification requirements for driver candidates who have loss or impairment of a hand. It states that individuals must be capable of demonstrating precision prehension and power grasp prehension with each hand separately to be eligible for an SPE certificate. There are two specific requirements:

  • Functioning hand – The regulation now explicitly requires a functioning hand to demonstrate both precision prehension (grasping with the thumb and fingers) and power grasp prehension (ability to grasp and hold using the entire hand). A driver candidate who has lost a hand must have a prosthesis that enables him or her to demonstrate these capabilities.
  • Prosthesis or orthotic device – A driver candidate with upper limb loss or impairment who cannot demonstrate precision prehension and power grasp prehension with each hand separately must be fitted with a proper prosthesis or orthotic device.

Updated Language in 49 CFR 391.49(d)(3)(i)(B) and (d)(3)(iii)(C)

The language in these sections has been changed to provide clarification:

  • The explanatory example of precision prehension is now “grasping and manipulating knobs and switches using the fingers/thumb.”
  • The explanatory example of power grasp prehension is now “grasping, holding, and maneuvering the steering wheel using a hand.”
  • Limb loss – Driver candidates must be able to demonstrate precision prehension and power grasp prehension with each hand separately. The following language was added to clarify this requirement: Before applying for an SPE certificate, driver candidates must be fitted with a prosthesis that enables them to perform both precision and power grasp prehension. This requirement does not apply to drivers granted a waiver for lack of a prosthesis before January 6, 1986.
  • Limb impairment – The following clarification was added: Before applying for an SPE certificate, a driver candidate with upper limb impairment must be fitted and proficient with a proper prosthesis or orthotic device, if he or she is not capable of demonstrating precision prehension and power grasp prehension with each hand separately without the prosthesis or orthotic device. This rule apples to all driver candidates after January 6, 1986.

How to Avoid Common Medical Examiner Errors

The FMCSA reports several common errors on the Medical Examination Report form and Medical Examiner’s Certificate that can cause applications for an SPE certificate to be rejected. When this happens, the driver physical exam is voided, and the driver candidate then needs to undergo a new physical.

These guidelines will help you avoid unnecessary rework and delays in the certification process.

  • Review all driver answers and comments in the Driver Health History section of the Medical Examination Report form. You must address all “Yes” and “Not Sure” responses provided by the driver. Review and discuss these responses with the driver, and document your findings. Ensure Question 19 in the Driver Health History (missing or limited use of arm, hand, finger, leg, foot, toe) is answered appropriately. Document the condition with enough specificity to allow FMCSA to clearly identify the limb loss or impairment and whether the driver uses a prosthetic device.
  • When evaluating a driver under 49 CFR 391.41(b)(1) and (b)(2), be sure to select “abnormal” for question 11 (extremities/joints) in the Physical Examination section of the Medical Examination Report form. Document the answer with a detailed description of the condition. FMCSA needs this information to determine whether the driver is eligible for an SPE certificate.
  • Select the correct determination on both the Medical Examination Report form and Medical Examiner’s Certificate. You must indicate the need for an SPE certificate on both the Medical Examination Report form and Medical Examiner’s Certificate.
    • On the Medical Examination Report form, select “Meets Standards” and then check the box “Accompanied by a Skill Performance Evaluation (SPE) certificate.
    • On the Medical Examiner’s Certificate, select the federal qualification (first option), and then check the box “Accompanied by a Skill Performance Evaluation (SPE) certificate.”
  • Complete only the federal or state determination section (not both) on the Medical Examination Report form. FMCSA reports that medical examiners sometimes complete both the federal and state determinations. Only one should be completed.
    • Complete the federal determination section when performing an exam according the Federal Motor Carrier Safety Regulations (FMCSRs).
    • Complete the state determination section when performing an exam according the FMCSRs with applicable state variances. (This certificate is valid for intrastate operation only.)

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