The Commissioner may, to the extent allowed by federal law, grant variances from the regulations with respect to the physical qualifications for drivers of commercial motor vehicles transporting hazardous materials if:

1. 1. The driver is regularly employed in a job requiring the operation of a commercial motor vehicle transporting hazardous materials;
2. 2. The driver is at least twenty-one years of age;
3. 3. A physician licensed in Virginia certifies that, in his professional opinion, the driver is capable of safely operating a commercial motor vehicle transporting hazardous materials; and

4. 4. In the opinion of the Commissioner, the driver is able to perform the normal tasks associated with operating a commercial motor vehicle and comply with the applicable regulations authorized by § 10.1-1450.

   The Commissioner may promulgate regulations addressing such variances.

1997, c. 260.