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  • § 391.1
    Scope of the rules in this part; additional qualifications; duties of carrier-drivers.
  • § 391.2
    General exceptions.
  • § 391.11
    General qualifications of drivers.
  • § 391.13
    Responsibilities of drivers.
  • § 391.15
    Disqualification of drivers.
  • § 391.21
    Application for employment.
  • § 391.23
    Investigation and inquiries.
  • § 391.25
    Annual inquiry and review of driving record.
  • § 391.27
    Record of violations.
  • § 391.31
    Road test.
  • § 391.33
    Equivalent of road test.
  • § 391.41
    Physical qualifications for drivers.
  • § 391.42
    Schedule for use of medical examiners listed on the National Registry of Certified Medical Examiners.
  • § 391.43
    Medical examination; certificate of physical examination.
  • § 391.45
    Persons who must be medically examined and certified.
  • § 391.47
    Resolution of conflicts of medical evaluation.
  • § 391.49
    Alternative physical qualification standards for the loss or impairment of limbs.
  • § 391.51
    General requirements for driver qualification files.
  • § 391.53
    Driver investigation history file.
  • § 391.55
    LCV Driver-Instructor qualification files.
  • § 391.61
    Drivers who were regularly employed before January 1, 1971.
  • § 391.62
    Limited exemptions for intra-city zone drivers.
  • § 391.63
    Multiple-employer drivers.
  • § 391.64
    Grandfathering for certain drivers participating in vision and diabetes waiver study programs.
  • § 391.65
    Drivers furnished by other motor carriers.
  • § 391.67
    Farm vehicle drivers of articulated commercial motor vehicles.
  • § 391.68
    Private motor carrier of passengers (nonbusiness).
  • § 391.69
    Private motor carrier of passengers (business).
  • § 391.71
    [RESERVED]

Part 391
QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER INSTRUCTORS

§ 391.43: Medical examination; certificate of physical examination.

(a) Except as provided by paragraph (b) of this section and as provided by § 391.42, the medical examination must be performed by a medical examiner listed on the National Registry of Certified Medical Examiners under subpart D of part 390 of this chapter.
(b) A licensed optometrist may perform so much of the medical examination as pertains to visual acuity, field of vision, and the ability to recognize colors as specified in paragraph (10) of § 391.41(b).
(c) Medical examiners shall:
(1) Be knowledgeable of the specific physical and mental demands associated with operating a commercial motor vehicle and the requirements of this subpart, including the medical advisory criteria prepared by the FMCSA as guidelines to aid the medical examiner in making the qualification determination; and
(2) Be proficient in the use of and use the medical protocols necessary to adequately perform the medical examination required by this section.
(d) Any driver authorized to operate a commercial motor vehicle within an exempt intracity zone pursuant to § 391.62 of this part shall furnish the examining medical examiner with a copy of the medical findings that led to the issuance of the first certificate of medical examination which allowed the driver to operate a commercial motor vehicle wholly within an exempt intracity zone.
(e) Any driver operating under a limited exemption authorized by § 391.64 shall furnish the medical examiner with a copy of the annual medical findings of the endocrinologist, ophthalmologist or optometrist, as required under that section. If the medical examiner finds the driver qualified under the limited exemption in § 391.64, such fact shall be noted on the Medical Examiner's Certificate.
(f) The medical examination shall be performed, and its results shall be recorded, substantially in accordance with the following instructions and examination form. Existing forms may be used until current printed supplies are depleted or until September 30, 2004, whichever occurs first.
(g) Upon completion of the medical examination required by this subpart:
(1) The medical examiner must date and sign the Medical Examination Report and provide his or her full name, office address, and telephone number on the Report.
(2) If the medical examiner finds that the person examined is physically qualified to operate a commercial motor vehicle in accordance with § 391.41(b), he or she must complete a certificate in the form prescribed in paragraph (h) of this section and furnish the original to the person who was examined. The examiner must provide a copy to a prospective or current employing motor carrier who requests it.
(3) Once every calendar month, beginning May 21, 2014, the medical examiner must electronically transmit to the Director, Office of Carrier, Driver and Vehicle Safety Standards, via a secure FMCSA-designated Web site, a completed Form MCSA-5850, Medical Examiner Submission of CMV Driver Medical Examination Results. The Form must include all information specified for each medical examination conducted during the previous month for any driver who is required to be examined by a medical examiner listed on the National Registry of Certified Medical Examiners.
(h) The medical examiner's certificate shall be substantially in accordance with the following form.
(i) Each original (paper or electronic) completed Medical Examination Report and a copy or electronic version of each medical examiner's certificate must be retained on file at the office of the medical examiner for at least 3 years from the date of examination. The medical examiner must make all records and information in these files available to an authorized representative of FMCSA or an authorized Federal, State, or local enforcement agency representative, within 48 hours after the request is made.

Citation: [35 FR 6460, Apr. 22, 1970]