LEGAL NETWORK FOR DEAF AND HARD OF HEARING - Commercial Driver License D.O.T. Physical Requirements Waiver Letter (June 28, 1994)

Sep 18, 2026

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Letter dated June 28, 1994 to the Federal Highway Administration urging reconsideration of proposed waiver rules under the Americans with Disabilities Act. The author, president of the Legal Network for the Deaf and Hard of Hearing and an assistant city attorney, explains how a deaf sanitation truck driver could not pass required physical card requirements despite holding a CDL. The letter criticizes the broad impact on deaf and hard of hearing drivers, argues the rules conflict with ADA anti-discrimination principles, and challenges the practical feasibility of obtaining required driving experience and meeting stringent waiver criteria related to citations and convictions.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages4

Reading Time10 min

AccessFree to download

Letter to Federal Highway Administration

Purpose and personal roles

Impact of proposed federal regulations

ADA discrimination concerns

Waiver standards and safety arguments

LEGAL NETWORK FOR DEAF AND HARD OF HEARING, P. O. Box 106 Olathe, Kansas 66051-0106 June 28, 1994 Federal Highway Administration FHWA Docket No . MC-93-30, Room 4232, HCC-10 Office of the Chief Counsel, FHWA 400 Seventh Street, SW Washington DC 20590 Re: Commercial Driver License D .O .T . Physcial Requirements for Deaf and Hard of Hearing Truck Drivers Dear Ladies and Gentlemen: I have two roles while writing this letter . First, I am President of the Legal Network for the Deaf and Hard of Hearing, Inc . and an assistant City Attorney for the City of Olathe, Kansas . Two weeks ago, a deaf sanitation truck driver for the City of Olathe came into my office very upset that while he has a Commercial Driver's License he was not able to pass the physical card to keep the license due to his deafness . The City of Olathe has several other deaf truck drivers working in different capacities requiring a CDL . After a brief research, I went to Washington D .C . on vacation to meet with Senator Bob Dole's staff and an attorney from the National Center for Law and Deafness . A copy of the Federal Register notice (Vol . 58, No . 239, was provided. After returning home and reviewing the waiver for drivers with hearing deficiencies, I was clearly stunned by the overall impact of proposed regulations on deaf and hard of hearing truck drivers. The overall impact is the simple requirement that deaf and hard of hearing people must have a CDL to operate heavy equipment as a condition for employment whether the equipment is used for on-site jobs, local driving, intrastate driving, highway driving or even interstate driving. Heavy equipment include any equipment larger than pick-up truck, including construction equipment, forklift, backhoe, dump truck, taxi, bus, sanitation truck, ton or larger trucks, and similar equipment. All of these jobs require a CDL due to job functions and insurance requirements. It does not matter whether the job requires driving on the job site, buildings, local streets, intrastate or even state Page 2 highways, a CDL is required as a including Kansas, do not simply because the provide requires condition any other a CDL be of employment . driver license cMosthoicesstates, issued for all commercial vehicle drivers. Where will be the waiver requirement for these deaf andand hardhard ofof hearinghearing driversdrivers net thaed oicvae tLutoiooe? ratWehearewilavyl deaf equipment locally? On page 65638 of the federal register, FHWA stated: current regulation in 49 CFR 391.41 prescribe certain physical qualification standards without any discretion regarding individual circumstances. Drivers who are unable to meet those standards are precluded from operating in interstate commerce. Many more drivers are now or will be precluded from operating a in intrastate commerce as more and more States adopt the Federal driver qualification requirements as a condition to the receipt of federal funds under the Motor Carrier Safety Assistance Program The effect of federal regulations go well beyond interstate commerce with the stringent requirements set by the FHWA . The impact will affect ten of thousands of deaf and hard of hearing drivers' jobs, which has no relation to interstate travel! Furthermore, the massive termination of deaf and hard of hearing commercial drivers is clearly contradictory to the most recent A .D .A . legislation and has no relation to the excellent driving records of those deaf and hard of hearing drivers. Congress stated under Sec . 42 USC of the A .D .A . that individuals with disability continually encounter various forms of discrimination, including outright intentional exclusion , the discriminatory effect of architectural, transportation. and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, standards and criteria , segregation, and relegations to lesser services, prog

FAQs

What issue does the letter raise for deaf and hard of hearing CDL holders?

It argues that proposed FHWA regulations and waiver requirements would prevent deaf and hard of hearing people from operating commercial vehicles despite needing a CDL for employment.

Who wrote the letter and what roles are described?

The author states they are president of the Legal Network for the Deaf and Hard of Hearing, Inc. and an assistant City Attorney for Olathe, Kansas.

How does the letter respond to safety concerns tied to traffic citations?

It asserts that traffic violations are human errors rather than caused solely by deafness, notes that such citations can happen to any driver, and argues accidents do occur regardless of disability.

Sep 18, 2026

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