FMCSA Basics: Driver Regulations

 Written by: The Deerfield Team

DF-transportation-square-web Clipd pngThe Federal Motor Carrier Safety Administration regulates interstate trucking and bus transportation. The agency’s regulations and methodologies are ever always in flux, with changes proposed as recently as January 15, 2016. The medical qualifications and regulations for drivers are no exception, though general requirements have remained relatively consistent.

Here’s what you need to know about general requirements and recent changes in the regulations.

Driver Requirements:

For the legal, in-depth version of driver requirements, view Rule 391 on the FMCSA website. In short, CMV drivers are required to:

• Be at least 21 years old
• Be able to read and speak the English language well enough to dothe job
• Be able to safely operate the motor vehicle he/she will be driving
• Be physically qualified to operate the vehicle
• Have a currently valid commercial motor vehicle operator’s license issued by his/her state of residence
• Not be disqualified to operate a motor vehicle
• Have successfully completed a road test or its equivalent
• Follow the Hours of Service (HOS) regulations
• Have a Driver Qualification File w/Medical Certification

A Driver Qualification (DQ) file consists of:

• An application for employment
• A motor vehicle record (MVR) from states
• Previous employer information
• Road test form and certificate or license or certificate accepted in lieu of road test
• Medical exam certificate, original or a copy, plus any letter granting a waiver of a physical disqualification
• Annual motor vehicle record
• Annual review of driving record
• Annual list of violations
• Entry-level driver training certificate (if applicable)
• Longer combination vehicle driver training certificate (if applicable)

Physical Qualifications

To qualify physically, drivers must not have any the following conditions if it is likely to interfere with ability:

• A loss of foot, leg hand or arm
• An impairment of hand or finger which interferes with power grasping
• An impairment of arm, foot, leg
• A history or clinical diagnosis of diabetes that currently requires insulin for control
• A current diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, or thrombosis
• A history or clinical diagnosis of respiratory dysfunction
• A current diagnosis of high blood pressure
• A history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease
• A history or clinical diagnosis of epilepsy or any other condition likely to cause loss of consciousness
• A mental, nervous, organic, or functional disease or psychiatric disorder
• Use of a Schedule I drug, amphetamine, narcotic, or any other habit-forming drug
• A current clinical diagnosis of alcoholism

Drivers must also:

• Have eyesight of at least 20/40 in each eye, or corrected to 20/40 or better
• Have a field of vision of at least 70 degrees horizontally
• Be able to perceive red, green and amber
• Be able to perceive a forced whisper in the better ear at no less than five feet (with or without the use of a hearing aid)

Recent Developments

Linking medical status to CDL status: By January 2014, drivers were required to have presented their medical certification status to their state’s DMV to bind their medical to CDL status.

Approved medical examiners: Starting May 21, 2014, drivers seeking new certification or certification renewal had to be medically certified by examiners approved by the agency.

Altered medical exams: In April, 2015, the FMCSA issued a final rule that changed driver medical exams from December on. The most significant change was an expansion of the medical history form truck drivers must fill out before the exam. In December 2015, the FMCSA granted a 120-day grace period on these medical examination rules.

Medical Exemptions:

In May 2015, the FMCSA proposed rules that would release truck drivers with controlled diabetes from having to seek and renew exemptions from the FMCSA.¹  The rule has not been passed yet. In January 2016, The FMCSA exempted 59 truck drivers (many blind in one eye) from the vision requirement and 36 drivers who have insulin-treated diabetes mellitus from the diabetes restriction. ² To apply for an exemption, visit the Driver Exemption Programs page of the FMCSA website or contact the Federal Diabetes and Vision Exemption Program at (703) 448-3094.

As always, we are here to help you any way we can. Please don’t hesitate to call or email if you need us.

The Deerfield Team
800.233.6428
info@deerfieldadvisors.com


References:

  1. http://www.ttnews.com/articles/basetemplate.aspx?storyid=38159
  2. http://thehill.com/regulation/265194-new-regs-for-monday-truck-drivers-beer-guns

SOURCES:

Chiro Stop. “FMCSA Rules and Regulations.” http://dotphysicalutah.com/faq/fmcsa-rules-and-regulations/

Devaney, Tim. “New regs for Monday: Truck drivers, beer, guns,” The Hill. Jan 8 2016. http://thehill.com/regulation/265194-new-regs-for-monday-truck-drivers-beer-guns

Dills, Todd. “Eric Toms’ cancelled CDL privileges,” Overdrive Online. Jan 1 2016
http://www.overdriveonline.com/another-medical-certification-cautionary-tale-eric-toms-cancelledcdl-privileges/ Another medical certification cautionary tale:

Driver Exemption Programs. FMCSA. September 22, 2015.
https://www.fmcsa.dot.gov/medical/driver-medical-requirements/driver-exemption-programs

Fuetsch, Michele. “FMCSA Mulling Over Whether Exemption Process Is Necessary for Diabetic Drivers,” Transport Topics. May 5 2015.
http://www.ttnews.com/articles/basetemplate.aspx?storyid=38159

 

DISCLAIMER

This article is intended only as a general discussion of these issues & we cannot guarantee the accuracy thereof. It does not purport to provide legal, accounting, or other professional advice. If such advice is needed, please consult with your attorney, accountant, or other qualified adviser. The Views expressed here do not constitute legal advice. The information contained herein is for general guidance of matter only and not for the purpose of providing legal advice. Accordingly, the information provided herein is provided with the understanding that Deerfield Advisors is not engaged in rendering legal advice. Deerfield Advisors strongly advises that clients and/or the reader of this publication contact an attorney to obtain advice with respect to any particular issue or problem discussed here. Also, please know that discussions of insurance policy language is descriptive only. We strongly advise that one’s individual policy & one’s advisor be consulted regarding this subject matter before any action is taken in any way. Coverage afforded under any insurance policy issued is subject to individual policy terms and conditions. The Deerfield Advisor White Paper Series is a registered trademark of Deerfield Asset Management Inc. DBA, Deerfield Advisors and is produced by Deerfield Advisors for the benefit of its clients, and any other use is strictly prohibited. All rights reserved. Copyright © 2016

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