FMCSA Amends and Clarifies the Skill Performance Evaluation (SPE) Eligibility Requirements

Amendments have been made to paragraphs 49 CFR 391.49(d)(3)(i)(B) for limb loss, and (d)(3)(ii)(C) for limb impairment to help clarify the SPE eligibility requirements regarding the upper extremities. Click [HERE] to view this section of the Code of Federal Regulations (CFR).

These amendments are reflected in the SPE functional capacity exam.

Who does not need an SPE?

If an individual with partial loss of a hand or with an upper limb impairment can demonstrate precision prehension and power grasp prehension with each hand separately, without a prosthesis or orthotic device, they do not need an SPE certificate and can be certified for up to 2 years.

Precision prehension = grasping and manipulating knobs and switches using the fingers/thumb

Power grasp prehension = grasping, holding, and maneuvering the steering wheel using a hand

SPE Certificate Eligibility Requirements for the Upper Extremities:

• If an individual does not have a hand or extremity, a prosthesis is required

• If an individual with an upper limb impairment is not capable of demonstrating prehension without a prosthesis or orthotic device, this individual must be able to demonstrate adequate prehension with a prosthesis or orthotic device

• During the functional capacity exam found at the end of the SPE application, either the physiatrist or the orthopedic surgeon performing the exam must indicate that the applicant can demonstrate prehension with each hand separately

ME Steps to Follow:

1.  Do they have sufficient prehension in both hands without an assistive device?

• If they do, there is no need for an SPE. They can be certified for up to 2 years

• Even an individual with one finger may demonstrate adequate prehension

2.  If insufficient prehension, do they have a prosthesis or orthotic device?

• If not, they are not eligible to apply for an SPE certificate and should be disqualified

• If they do have an assistive device, can they demonstrate sufficient prehension with the use of this device?

  • If so, they may be certified for up to 2 years. The ME should mark the box on both the exam form and certificate that states, “Accompanied by a skill performance evaluation (SPE)”

  • If not, they are not eligible to apply for an SPE certificate and should be disqualified

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