Regulatory requirements take precedence over the Health Insurance Portability and Accountability Act (HIPAA) of 1996. There are potential subtle interpretations that can cause significant problems for the Medical Examiner. What information must or can be turned over to the carrier is a legal issue, and if in doubt, the examiner should obtain a legal opinion. Federal Motor Carrier Safety Regulation 391.43 does not address or prohibit the sharing of medical information by Medical Examiners. http://www.hhs.gov/ocr/hipaa

Last Updated : April 1, 2014

No. URS stands for "Unified Registration System," a new electronic on-line registration system that will streamline and simplify the Federal Motor Carrier Safety Administration's (FMCSA) registration process and serve as a clearinghouse and depository of information on all entities regulated by the Agency. You can learn more about URS at this page.

UCR stands for "Unified Carrier Registration," which is not an FMCSA program. It refers to an agreement among the states set up by Congress governing the collection and distribution of registration information and UCR fees paid to states by motor carriers, private motor carriers, brokers, freight forwarders, and leasing companies pursuant to 49 U.S.C. Section 14504a.  The fees collected support state motor carrier safety activities. For more information, click here.

No, the FMCSA does not have duties. The Medical Examiner is required to know the FMCSA driver physical qualification standards, medical guidelines, and advisory criteria. The examiner should understand the mental and physical demands of operating a CMV.

Last Updated : April 1, 2014

Although prior statutory exemptions involving agriculture are unchanged, some of these exemptions overlap with the MAP-21 provisions. In these cases, regulated entities will be able to choose the exemption, or set of exemptions, under which to operate. They must, however, comply fully with the terms of each exemption they claim. The potentially overlapping provisions are in Parts 383, 391, and 395.

Last Updated : May 8, 2014

No, USDOT Numbers are not transferable. For more information about USDOT numbers and changing ownership, legal name or form of business, click here. 

Operating authorities (MC numbers) are transferable. For more information, please see our Operating Authority Transfer FAQs.

49 CFR 391.43 “Instructions to the Medical Examiner” do not address or prohibit the sharing of medical information. Refer to the HIPAA regulations for guidance.
http://www.hhs.gov/ocr/hipaa

Last Updated : April 1, 2014

391.43 “Instructions to the Medical Examiner” do not address or prohibit the sharing of medical information. Refer to the HIIPA regulations for guidance.
http://www.hhs.gov/ocr/hipaa

Last Updated : April 1, 2014

Yes, violations that are discovered during a roadside inspection on a chassis that has been tendered by a motor carrier may impact a carrier’s CSMS. It is dependent on whether the violations found during the roadside inspection could have been visually and audibly detected during a driver’s pre-trip inspection and whether the operator of the chassis conducted a pre-trip inspection.

Last Updated : April 3, 2014

Yes, any violation that is discovered during a roadside inspection on a chassis under a motor carrier’s control, either by way of lease or ownership, will impact a carrier’s CSMS.

Last Updated : April 7, 2014

Yes if you are operating interstate commerce and one of the following apply to you:

• Your vehicle is designed or used to transport 9 to 15 passengers (including the driver) and is operated for compensation, whether direct or indirect
• Your vehicle is designed or used to transport 16 or more passengers (including the driver)
• Your passenger-carrying vehicle has an actual weight or gross vehicle weight rating of 10,001 pounds (4,536 kg) or more

For information on how to apply for a US DOT number, click here.

Yes - if you are for-hire and engaging in interstate commerce (crossing state lines, going to the airport or port of entry).

A for-hire passenger carrier is a company that provides transportation of passengers for compensation.

You can be a for-hire passenger carrier regardless of whether:

• You are compensated directly or indirectly for the transportation service provided, or
• The compensation is paid or not paid by the passengers

To apply for passenger carrier authority, first-time applicants must begin the online registration process via our Unified Registration System. This process requires a credit card.

If you already have a US DOT number and/or an additional operating authority, you must apply via our existing application procedures.

Yes, FMCSA does have plans to develop a measurement system for intermodal equipment providers (IEPs), much like we have for carriers. Therefore, violation data collected during inspections performed today, may eventually be used in a measurement system for IEPs.

Last Updated : April 7, 2014

No, at this time intermodal equipment providers (IEPs) will not be evaluated in SMS.

Last Updated : April 7, 2014

No, roadability reviews do not result in the assignment of a safety rating to intermodal equipment providers (IEPs); however, if violations are found, the review may result in the issuance of civil penalties.

Last Updated : April 7, 2014

Yes, intermodal equipment providers (IEPs) will be subject to roadability reviews. Roadability reviews are a review of an IEP’s compliance with the regulations.

Last Updated : April 7, 2014

The reciprocity agreement between the United States and Canada does not permit drivers who do not meet the medical fitness requirements of Canada to drive in the United States. Both countries agree that Canadian drivers who do not meet the medical provisions in the National Safety Code of Canada but have a waiver by one of the Canadian Provinces or territories would not be qualified to operate a CMV in the United States. The National Safety Code states that a driver must wear a prosthesis and demonstrate his/her ability in an on-road test. Some of the Canadian provinces have not adopted the National Safety Code. If a driver has no prosthesis when entering the United States., the driver is not qualified to operate here.
It is not necessary for a Canadian driver to apply for a Skill Performance Evaluation certificate to drive in the United States. A valid commercial driver’s license issued by a Canadian Province or Territory is proof of medical fitness to drive. If a Canadian driver is required to wear prosthesis, the driver must wear the prosthesis while operating a commercial vehicle in the U.S. If a driver has no prosthesis when entering the U.S., the driver is not qualified to operate here.

Last Updated : April 1, 2014

Although the driver has a legal prescription, he/she may be disqualified if the medication could adversely affect the driver's ability to drive a CMV safely.

Last Updated : April 1, 2014

Yes, Please see 49 CFR § 40.355 (j) (1)

Last Updated : May 20, 2015

Drivers with sustained ventricular tachycardia (lasting > 15 seconds) should be disqualified. Drivers experiencing non-sustained V-TACH should be evaluated by a cardiologist to determine the effect on the driver's ability to drive safely, treatment, and if the underlying cause of the ventricular tachycardia is disqualifying (see cardiovascular guidelines for complete review).

Last Updated : April 1, 2014

No. Marijuana, including a mixture or preparation containing marijuana, continues to be classified as a Schedule I controlled substance by the Drug Enforcement Administration (DEA) in 21 CFR § 1308.11. Under the Federal Motor Carrier Safety Regulations (FMCSRs), a person is not physically qualified to drive a CMV if he or she uses any Schedule I controlled substance such as marijuana. (See 49 CFR §§ 391.11(b)(4) and 391.41(b)(12)). Accordingly, a driver may not use marijuana even if is recommended by a licensed medical practitioner.

Last Updated : October 23, 2017