Functional Ability in Driving

Guidelines and Standards for Health Care Professionals

Utah residents are individually responsible for their health when driving.  All applicants for licenses will complete a health questionnaire to show their functional ability to drive.  If there is a significant health problem, they will take their medical and/or vision form to a health care professional who will assess the category for the condition indicated.  Licensed ophthalmologists and optometrists may only complete the vision form.  Individuals may not determine a safety assessment level for themselves.  The health care professional will be expected to discuss the applicant’s health as it relates to driving and to make special recommendations in unusual circumstances.  Based upon a completed Functional Ability Evaluation form (FAE)/Certificate of Vision (CVE), the Driver License Division may issue a license with or without limitations as outlined in these Guidelines and Standards approved by the Utah Driver License Medical Advisory Board (MAB).  Health care professionals (HCP) have the opportunity to increase highway safety by carefully applying these guidelines and standards and counseling with their patients about driving.

DRIVERS RESPONSIBILITIES
The Utah State Legislature reaffirmed these responsibilities related to physical, mental, or emotional impairments of drivers: 

  1. Drivers are responsible to refrain from driving if “they have, or develop, or suspect that they have developed a physical, mental, or emotional impairment which may affect driving safety.”
  2. Drivers in such a situation are expected to seek competent medical evaluation and advice about the significance of the impairment as it relates to driving safety
  3. Drivers are responsible for reporting to the Driver License Division if “they have or develop, or suspect a physical, mental, or emotional impairment which may affect driving safety.”

HEALTH CARE PROFESSIONALS' RESPONSIBILITIES
The same legislation applies to Utah health care professionals in these ways: 

  1. Health care professionals may be requested by their patients to make reports to the Driver License Division about impairments which may affect driving safety, but the final responsibility for issuing a driver license lies with the Driver License Division
  2. In addition to making accurate reports when authorized by their patients, health care professionals are expected to counsel their patients about how their condition affects safe driving.  For example, if patients are put on medications which may cause changes in alertness or coordination, their health care professional should advise them not to drive at least until a dosage is established which will not affect safe driving; or, if visual acuity drops, they should similarly be advised, at least until corrective action has been taken to improve their vision.  The following quotation recognizes this important function:

 “Health care professionals who care for patients with physical, mental, or emotional impairments that may affect their driving safety, whether defined by published guidelines and standards or not, are responsible for making available to their patients without reservation their recommendations and appropriate information related to driving safety and responsibilities."

The guidelines and standards which follow will be a useful reference in such counseling.

IMMUNITY IN REPORTING POTENTIAL RISKS
The legislature eliminated a major obstacle for health care professionals with its provision that: 

“A health care professional or other person who becomes aware of a physical, mental, or emotional impairment that appears to be an imminent threat to driving safety and reports this information to the Division in good faith has immunity from any damages claimed as a result of making the report.”

UTAH DRIVER LICENSE MEDICAL ADVISORY BOARD
A Driver License Medical Advisory Board was created to advise the Director of the Driver License Division and to recommend written guidelines and standards for determining the physical, mental, and emotional capabilities appropriate to various types of driving.  Members of the board have been appointed by the Commissioner of the Department of Public Safety to represent a variety of special areas.

If patients are uncertain about the interpretations of these guidelines and standards or have special circumstances, they may request a review by a panel of board members. All of the actions of the Director and Board are subject to judicial review.  The Board operates under the authority of Utah Code Annotated 53-3-303.

The Board has developed the following functional ability safety assessment guidelines and standards in an effort to minimize the conflict between the individual’s desire to drive and the community’s desire for safety.  Through education, medical assistance, and cooperative efforts, an ideal balance may be reached.  Principles followed by the Board in developing the guidelines and standards are detailed in this guide.

PRINCIPLES USED IN DEVELOPING GUIDELINES AND STANDARDS FOR DEFINING DRIVING CAPABILITY
In cooperation with the Director of the Utah Driver License Division, the Medical Advisory Board has followed these ten principles in developing these guidelines and standards:

  1. Guidelines and standards should be the least restrictive possible, consistent with public safety.
  2. Functional ability to operate a vehicle safely, rather than impairments, should receive emphasis.
  3. Some impairments will permit driving safely under appropriate restrictions as to speed, area, time of day, and use of compensating devices, etc. (see Table 2 below)
  4. Fairness should prevail in these ways: 
    1. Medically impaired drivers should not be required to meet guidelines and standards of expected safety in excess of those expected of unimpaired drivers; and 
    2. Drivers with different kinds of impairments, but with similar estimated increases in driving risk, should have as nearly the same restrictions as possible.
  5. A system for assessing all aspects of a person’s health which may adversely affect driving, either intermittently or continuously, will be used by applicants for a driver license.
  6. Health care professionals should not be expected to function as policemen, prosecutors, or judges in the process of driver evaluation, but as individuals skilled in diagnosis and accurate reporting of functional ability, as well as teachers and advisers to their patients.
  7. Since the ultimate responsibility for safety lies with all drivers, they should be involved in self-evaluation, with medical evaluations being used to confirm or change its accuracy.
  8. Every opportunity should be used to educate all drivers and applicants about the effects of physical and emotional health problems, use of drugs, etc. on their ability to drive safely.
  9. If anything related to licensing can be simplified safely, this should be done.
  10. Health care professionals are invited to help put into effect these principles of safety and fairness and of increasing driver awareness of health in relation to driving safety.

FUNCTIONAL ABILITY/SAFETY ASSESSMENT LEVEL CATEGORIES
Functional ability to operate a vehicle safely may be affected by a wide range of physical, mental, or emotional impairments.  To simplify reporting and to make possible a comparison of relative risks and limitations, the Medical Advisory Board has adopted physical, emotional, and behavioral functional ability safety assessment levels including categories, with multiple levels under each category listed below.  Vehicle operation history should be included as a significant part of a complete medical history.

USE OF THE FUNCTIONAL ABILITY/SAFETY ASSESSMENT LEVEL
When requested by the staff of the Driver License Division, applicants must report information regarding their physical, mental, and emotional health.  This may be in the form of a short screening questionnaire or a more extensive assessment outline.  On completion of this and other requirements, a license may be issued immediately, or the applicant may be requested to take a Functional Ability Evaluation/Certificate of Vision form to their own health care professional for confirmation of the safety assessment or change of the assessment as the health care professional believes is indicated

These guidelines and standards contain eleven sections, one for each functional ability category.  Each begins with a short narrative summary of basic concepts, definitions, and working ground rules.  Each summary is followed by a table showing: 

  1. Eight to ten safety assessment levels based upon history, laboratory findings, or other information. 
  2. Safety assessment levels which must be confirmed (or modified) by a health care professional.
  3. Intervals between health care professional confirmation of the safety assessment level.
  4. License class and restrictions (see Tables 1-3 below) will generally be used by personnel of the Driver License Division to issue licenses consistent with the functional ability safety assessment level.

In almost all cases, a health care professional caring for a patient will have adequate information to complete the requested medical form(s).  However, if there is a significant problem affecting driving which is outside their area of capability, ordinary medical practices should apply.  For example, a condition requiring a specialized diagnosis or opinion would suggest a referral to an appropriate specialist before completing the assessment.  On the other hand, a specialist who has seen a patient only for a limited or technical service may: 

  1. Decline to complete the full assessment (especially if there are multiple medical conditions); 
  2. Suggest patients see their personal health care professional; and 
  3. Provide pertinent information to help in completion of the assessment. 

In some circumstances where the limited condition is the only one affecting driving, a health care professional may complete the form based upon history, without extensive examinations or tests, if they are satisfied with the patient’s reliability. 

Where a driver applicant indicates no significant impairment other than visual, they may complete the Certificate of Visual Examination form.  The Certificate of Visual Examination form may be completed by licensed ophthalmologists and optometrists as well.  However, licensed ophthalmologists and optometrists may only complete the vision form.

Reports should be based upon reasonably current information.  In case of doubt, medical common sense should prevail.  Since no special tests are required by the guidelines and standards beyond those needed by a healthcare professional for adequate diagnosis or treatment, no additional expense should result except in unusual circumstances or in cases where individuals may wish to submit additional information, such as a review by a recognized specialist in specific medical conditions, in preparation for review by a medical panel.

Reports of safety assessment levels must be signed by a health care professional licensed to practice, although they may rely upon portions of examinations done under their supervision.  A health care professional may not complete a medical or vision form if the medical or vision form is for themselves

The Medical Advisory Board conducted a six-month pilot program on medical information submitted by nurse practitioners and physician assistants.  On March 28, 2002, the Medical Board made the decision that Nurse Practitioners and Physician Assistants could continue to evaluate, complete, and sign the Functional Ability Medical Evaluation Report at all levels provided: 

  1. The Nurse Practitioner or Physician Assistant is adequately trained and qualified in the category they are evaluating; and
  2. If the Nurse Practitioner or Physician Assistant lacks information or training in a specific area, they will defer assessing the driver.
TABLE 1. UTAH'S CLASSIFIED LICENSE SYSTEM
Class A Class B Class C Class D
Class A: 26,001 pounds or more with towed unit more than 10,000 pounds Class B: 26,001 pounds or more with towed unit that does not exceed 10,000 pounds Class C: Does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers, including the driver, or is transporting material that has been designated as hazardous All other vehicles not defined as: Class A, Class B, Class C or Motorcycle
Minimum Age Minimum Age Minimum Age Minimum Age

Towed unit - 21 years old
Intrastate only - 18-21 years old

Single or combined - 21 years old
Intrastate only - 18-21 years old
16+ occupants - 21 years old
Hazardous materials - 21 years old
All vehicles - 16 years old
Image of blue semi truck with trailer
Image of yellow school bus and red dump truck
Image of a blue box truck and blue bus
Image of a blue and red car and grey truck
TABLE 2. UTAH LICENSE RESTRICTIONS
A: No restrictions L: No air brake equipped 1: Interlock device
B: Corrective Lenses M: No Class A passenger vehicle 2: 249cc or less motorcycle
C: Mechanical aide N: No Class A and B passenger vehicles 3: 649cc or less  motorcycle
D: Prosthetic aide O: No tractor-trailer CMV 4: Street-legal ATV
E: No manual transmission-equipped CMV P: No passenger in a CMV bus on a learner permit 5: 90cc or less motorcycle
F: Outside rearview mirrors U: Three-wheeled motorcycle 6: Posted 40 mph or less
G: Daylight driving only V: Accompanied by a medical variance letter while driving a CMV 7: Automatic transmission
J: Other X: Empty tank CMV or learner permit
K: Interstate only while driving commercially Z: No full air brake-equipped CMV
TABLE 3. LICENSE ENDORSEMENTS  MINIMUM AGE REQUIREMENTS
H: Hazardous materials 21 years old
M: Motorcycle 16 years old

N: Tank vehicles
Intrastate (in-state only)
Interstate (out-of-state)

18 years old
21 years old
P: Passengers 21 years old
S: School bus; includes P 21 years old
T: Doubles/tripes trailers
Intrastate (in-state only)
Interstate (out-of-state)
18 years old
21 years old
X: Tank and hazardous materials 21 years old
Z: Taxi cab 21 years old

FUNCTIONAL ABILITY EVALUATION REPORT
The Functional Ability Guidelines and Standards have been designed for use by all health care providers, but based on an Administrative Rule, the more serious conditions may require evaluation by a licensed MD or osteopathic physician.

RELATION OF FUNCTIONAL ABILITY ASSESSMENTS TO DRIVING RISK/RESPONSIBILITIES
Operators of commercial intrastate vehicles fall under different licensing requirements. As far as possible, these have been incorporated into appropriate safety assessments.  In 1997, the division began the Utah Intrastate Program for commercial drivers. 

Setting limitations on driving for persons with impairments of functional ability works to increase public safety while at the same time permitting individuals a maximum degree of freedom of movement in two ways: 

First, in cases of decreased vision or motor control, avoiding high speeds will reduce the number, as well as the seriousness, of accidents.

Second, in cases involving an increased probability of an accident, reducing the extent of highway exposure by limiting driving areas or times of day should both reduce the total number of accidents and allow a person flexibility to maintain a job with a single round-trip each workday. 

These factors are difficult to define and measure, but an effort has been made to accumulate and develop accurate data in order to refine limitations in the interest of public safety.  In some cases, functional ability safety assessments indicating driving impairment in more than one medical category may be the basis for a more limited license than if there is only one impairment, but generally any limitation will relate to the single assessment showing the most impairment.  As these functional ability safety assessment levels are used in determining the issuance of driver licenses, data will be gathered as to the driving safety record of various groups as a basis for revision of the levels.  Data secured from other sources will also be used.  Denial of driving privileges based upon medical reasons does not constitute a “disability” as defined by the Americans with Disabilities Act.

CHANGES IN FUNCTIONAL ABILITY
After a driver is licensed, they need not report short-term illnesses or abnormalities lasting less than three months to the Driver License Division, provided they refrain from all driving until recovery to the previous level of function for which they were licensed.  When a condition persists beyond three months, or it becomes apparent that it will persist, it should be reported to the Driver License Division.  The license may be revalidated as soon as the condition has become stable at a safety assessment level appropriate for driving. 

SUGGESTIONS AND QUESTIONS
Health care professionals who use these guidelines and standards are invited to direct questions or suggestions to the Driver License Division or to any of the current members of the Medical Advisory Board.

ASPECTS OF LICENSING AND MEDICAL CERTIFICATION OF COMMERCIAL INTRASTATE DRIVERS
These guidelines and standards will only apply to licensing of commercial intrastate drivers.  The Utah State Driver License Medical Advisory Board has reviewed the Federal Department of Transportation requirements for commercial drivers and established an appropriate safety assessment level for each category.  The examining health care professional need only mark the safety assessment level in the usual fashion. In general, a safety assessment level of 2, 3, 4, or 5, depending on the category, may qualify the applicant for a commercial intrastate license. 

Because of the greater responsibilities involved, this program will differ from the usual licensing procedures for private vehicle drivers in three ways: 

  1. A copy of the Functional Ability Evaluation form should be retained by the examining health care professional.  The original should be given to the driver to submit to the Driver License Division.  Drivers may make a copy and retain it for their use. 
  2. Recognition of red, green, and amber used in traffic lights may be tested with simple color cards rather than more complex test devices. 
  3. For commercial intrastate licensing, the driver/applicant will be expected to complete the Application for Intrastate only (K) Medical Waiver Program and the Medical Questionnaire.  If the driver answers “yes” to a medical condition not currently being followed, a request for a Functional Ability Evaluation Medical Report form will be sent to the driver.  In appropriate cases, a report from an ophthalmologist, optometrist, other health care professional, or an audiogram may be attached. 

In order for a driver to be considered for a K restriction, they must make a request for the waiver and provide a copy of the denied DOT Certificate, indicating the reason for the denial (i.e., seizures, blind in one eye.)  Once this denied form is received, the Intrastate Waiver paperwork will be sent to the driver to be completed.  In the past, some experienced drivers have been “grandfathered” under the FMSCA 391.64 with slightly less rigid standards, but future drivers may not be.  Some safety assessment levels recommend “intrastate” commercial driving restrictions.  Whether such restricted driving privileges may actually be issued is subject to federal and state approval.  In these guidelines and standards, notes have been placed at the end of the narrative for each safety assessment category to assist in understanding the basis for reporting for commercial intrastate drivers.

APPLICATION OF COMMERCIAL INTRASTATE MEDICAL STANDARDS
The 2026 Functional Ability in Driving: Guidelines and Standards for Health Care Professionals has outlined the medical standards as applying to ALL commercial intrastate drivers, irrespective of the type of vehicle or cargo involved (i.e., Class A, B, C, and D of Utah’s Classified.)  License System (see Table 1 above)

  1. Use of safety assessment levels will provide the only meaningful method of gathering data on health aspects of safety of commercial intrastate drivers.
  2. Commercial intrastate drivers must be assessed in the appropriate category(s) in order to be considered for an intrastate license.
  3. Also, pursuant to Utah Code Annotated 53-3-303.5 an intrastate driver is no longer able, or required to carry a Federal DOT card.  The intrastate only (K) restriction is sufficient to indicate the driver has met the State of Utah medical guidelines for the commercial license he/she will hold.
  4. Effective December 4, 2001 the Driver License Division was authorized to issue intrastate-restricted (K) medical cards.  This card needs to be carried with the driver at all times.  This card is valid for the State of Utah only.
For more information on current laws and statutes, visit the Utah Legislature Website

This revision of the Functional Ability in Driving: Guidelines and Standards for Health Care Professionals was developed by the Utah Driver License Medical Advisory Board and is based on experience accumulated over the past 30 years.  In addition, safety assessment levels for Commercial Intrastate Driver Licensing have been incorporated into the Guidelines and Standards.  Computer analysis of the assessment data as it relates to driver performance will give us a sound basis for further simplification of the assessment patterns and hopefully allow less restrictive assessment levels for drivers without sacrificing highway safety.

We appreciate the great support we have had from the medical profession.

Utah Department of Public Safety, Driver License Division
Jimmy Higgs, Director

Medical Advisory Board
Kurt T. Hegmann M.D., M.P.H., CHAIR