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Hearing Aid Requirement - Spare Battery Guidance

Entry DateDecember 6, 2019
Issue Number19-042-DRV
NameTechnical Trooper Nick Wright
AgencyKansas Highway Patrol
Address1220 S. EnterpriseOlathe, KS, 66061United StatesMap It (opens in a new tab)
Phone(913) 782-8100
Fax(913) 782-0429
Email[email protected]
CommitteeDriver-Traffic Enforcement Committee
StatusClosed
Summary of Issue

For many years, enforcement personnel have required drivers to carry spare hearing aid power sources (e.g. batteries) when the medical certificate required the use of hearing aids when operating a commercial motor vehicle. Due to changing technology, many new hearing aids cannot accept a replacement battery because they are only rechargeable through Bluetooth systems or charging cases, similar to wireless ear buds. Additionally, Appendix A to Part 391, where the information related to carrying spare hearing aid power sources, is only advisory (Appendix A to Part 391, Part II, K. 3.). The introduction to Appendix A states: I. Introduction This appendix contains the Agency’s guidelines in the form of Medical Advisory Criteria to help medical examiners assess a driver’s physical qualification. These guidelines are strictly advisory and were established after consultation with physicians, States, and industry representatives, and, in some areas, after consideration of recommendations from the Federal Motor Carrier Safety Administration’s Medical Review Board and Medical Expert Panels.

Justification or Need

Drivers are receiving violations for no spare hearing aid batteries when the batteries physically cannot be replaced. As such, inspectors are recording erroneous violations. Erroneous violations burden the industry and enforcement with DataQ challenges, and negatively impact safety data.

Request for Action

Guidance from the CVSA Driver Committee to enforcement that spare hearing aid batteries/power sources are not part of a CVSA inspection.