Frequently Asked Questions
Your SDLA will notify you that you are no longer medically certified to operate a commercial motor vehicle (CMV) in non-excepted interstate commerce. The SDLA will then downgrade all your CDL privileges. Click here for more information.
A lack of basic safety management controls or failure to comply with one or more of the regulations set forth in the chart below and will result in a notice to a new entrant that its USDOT new entrant registration will be revoked.
Automatic failure of the audit: a new entrant will automatically fail a safety audit if found in violation of any one of the following 16 regulations:
Table to § 385.321: Violations That Will Result in Automatic Failure of the New Entrant Safety Audit
|
Violation |
Guidelines for Determining Automatic Failure of the Safety Audit |
|---|---|
|
§ 382.115(a)/§ 382.115(b)—Failing to implement an alcohol and/or controlled substances testing program (domestic and foreign motor carriers, respectively). |
Single occurrence. |
|
§ 382.201— Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function. |
Single occurrence. |
|
§ 382.211—Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382. |
Single occurrence. |
|
§ 382.215—Using a driver known to have tested positive for a controlled substance. |
Single occurrence. |
|
§382.305—Failing to implement a random controlled substances and/or alcohol testing program. |
Single occurrence. |
|
§ 383.3(a)/§ 383.23(a)—Knowingly using a driver who does not possess a valid CDL. |
Single occurrence. |
|
§ 383.37(b)—Knowingly allowing, requiring, permitting, or authorizing an employee to operate a commercial motor vehicle with a commercial learner’s permit or commercial driver’s license which is disqualified by a State, has lost the right to operate a CMV in a State or who is disqualified to operate a commercial motor vehicle. |
Single occurrence. |
|
§ 383.51(a)—Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle. |
Single occurrence. |
|
§ 387.7(a)—Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage. |
Single occurrence. |
|
§387.31(a)—Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility. |
Single occurrence. |
|
§ 391.15(a)—Knowingly using a disqualified driver. |
Single occurrence. |
|
§ 391.11(b)(4)—Knowingly using a physically unqualified driver. |
Single occurrence. |
|
§ 395.8(a)—Failing to require a driver to make a record of duty status. |
Requires a violation threshold (51% or more of examined records) to trigger automatic failure. |
|
§ 396.9(c)(2)—Requiring or permitting the operation of a commercial motor vehicle declared ‘‘out-of-service’’ before repairs are made. |
Single occurrence. |
|
§396.11(c)—Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again. |
Single occurrence. |
|
§ 396.17(a)—Using a commercial motor vehicle not periodically inspected. |
Requires a violation threshold (51% or more of examined records) trigger automatic failure. |
For more information on the New Entrant Program, click here.
While the state driver licensing agencies are responsible for issuing licenses to commercial drivers, the FMCSA sets the standards (found in 49 CFR 391.41) for drivers' minimum levels of physical fitness, and determines who can perform the physical exams.
- The FMCSA Medical Programs website is the main source of information on FMCSA physical standards and programs.
- The National Registry of Certified Medical Examiners lists medical professionals who have completed training and successfully passed a test on FMCSA's physical qualification standards, and are certified to perform FMCSA physical exams for commercial drivers.
- The Medical Examiner's Certificate is completed by the person who performed the exam, and certifies that the driver is physically qualified to drive a CMV. If they prefer a medical "card," Drivers can purchase a separate blank medical card from a supplier of motor carrier forms (e.g., State trucking association) before the exam and ask the examiner to complete and sign it, in addition to the Medical Examination Report form, or they can print the Certificate on cardstock.
- Drivers may apply for exemptions to some of the standards, such as loss of a limb, vision or diabetes standards. Information on how to apply for these exemptions is available on the FMCSA Medical Exemptions page.
For assistance with interpretation of FMCSA CDL medical standards, please contact the FMCSA Physical Qualifications Division directly:
- Email: FMCSAMedical@dot.gov
- Phone: 202-366-4001