Medical Variance [Transportation] Law and Legal Definition

According to 49 CFR 390.5 [Title 49 – Transportation; Subtitle B -- Other Regulations Relating to Transportation; Chapter III -- Federal Motor Carrier Safety Administration, Department of Transportation; Subchapter B -- Federal Motor Carrier Safety Regulations; Part 390 -- Federal Motor Carrier Safety Regulations; General; Subpart A -- General Applicability and Definitions], medical variance means “a driver has received one of the following from FMCSA that allows the driver to be issued a medical certificate:

(1) An exemption letter permitting operation of a commercial motor vehicle pursuant to part 381, subpart C, of this chapter or § 391.64 of this chapter;

(2) A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to § 391.49 of this chapter.”