The National Association of the Deaf (NAD) has been advocating on behalf of drivers who are deaf and hard of hearing and who wish to obtain Commercial Driver’s Licenses (CDLs). The United States Department of Transportation (DOT), through its regulations, has long required individuals seeking CDLs to satisfy Physical Qualification Standards before becoming eligible to receive a CDL. These Physical Qualification Standards include a requirement that drivers prove they can “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 “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 . . .” in order to obtain a CDL. See 49 C.F.R. § 391.41(b)(11). As a result of this regulation, individuals who are deaf and hard of hearing have long been unfairly barred from driving commercial motor vehicles in interstate commerce.
The NAD attended the June 30, 2011 Federal Motor Carrier Safety Administration (FMSCA) Medical Review Board Public Meeting which discussed Cochlear Implants among other issues. The Board recommended that CI users be allowed only to take the audiometric hearing test and not the forced whisper test. This is discriminatory as it creates a separate and unequal class for CI users. Regardless, the NAD remains strongly opposed to any hearing requirements for CDL and there is absolutely no evidence that deaf and hard of hearing people are higher crash risks than the rest of the population. The FMSCA Medical Review Board has made these decisions based on prejudice and not objective standards.
The public has until this Friday, July 14th to submit written comments in response to the June 30th hearing. We have prepared comments below and urge our members and readers to take a few minutes to advocate for equality for deaf and hard of hearing truck drivers.
How to Submit Comments
Pre-Prepared Comments
Comment #1: General
Deaf people drive safely! Deaf people drive cars safely every day, all over the United States. Deaf people also safely drive trucks. The hearing requirements contained in the DOT Physical Qualification Standards are not a valid test of driver safety and should be removed. The Federal Motor Carrier Safety Administration conducted research and concluded that there is no increased crash risk for people who cannot pass the DOT hearing test. If a deaf person is able to satisfy all of the DOT’s Physical Qualification Standards, except for the hearing test, they should be allowed to prove they can drive safely.
Comment #2: Current CDL Truck Driver
I am a successful commercial truck driver and I am deaf. My state waived the DOT’s hearing requirement because they understood that my being deaf had nothing to do with my driving ability. It is time to give the same treatment to all other deaf people who want to become truck drivers but are not allowed to because their states follow the Federal Motor Carrier Safety Association’s federal requirements. If I can do it, other deaf people can, too!
Comment #3: Denied CDL
My application for a CDL was denied because of the DOT’s hearing requirements. I passed all of DOT’s other Physical Qualification Standards. Because of the hearing requirement, I was prevented from proving that I can drive just as safely and skillfully as a hearing person. The DOT’s hearing requirement is not based on any valid evidence. In fact, the Federal Motor Carrier Safety Administration commissioned research which proved that deaf drivers who cannot meet the DOT’s hearing test are not at an increased crash risk. The DOT should not further restrict opportunities for deaf drivers and should remove the hearing requirement from the Physical Qualification Standards for commercial drivers.
Links:
[1] http://www.nad.org/users/admin
[2] http://www.regulations.gov
[3] http://deaf.disqus.com/?url=http%3A%2F%2Fwww.nad.org%2Fnews%2F2011%2F7%2Fsupport-deaf-truck-drivers-%25E2%2580%2593-submit-comments-dot