Frequently Asked Questions
Section 391.43(g) requires the Medical Examiner to give a copy of the medical certificate to the driver and the motor carrier(employer), if the driver passes the medical examination.
Last Updated : April 1, 2014
No, the Border Enforcement Grant program is not intended to take the place of the Motor Carrier Safety Assistance Program, but rather enhance it. They are two separate yet distinct grant programs.
Last Updated : March 4, 2014
Yes. All brokers and freight forwarders subject to FMCSA jurisdiction needed to file BMC–84 or BMC–85 forms reflecting the minimum financial security amount of $75,000. Source: 78 FR 54720, Sept. 5, 2013
Last Updated : April 2, 2014
Q. If the driver admits to regular alcohol use, and based on responses on the driver history, further questioning or additional tools such as CAGE, AUDIT or TWEAK assessments, may the examiner require further evaluation prior to signing the medical certificate?
A. Yes. Except where absolute criteria exist, the final determination as to whether the driver meets the FMCSA medical standards is to be made by the medical examiner. The examiner should use whatever tools or additional assessments they feel are necessary. Under 391.43, Instructions to the Medical Examiner -Laboratory and "Other Testing," support is provided to the examiner if they believe that "Other test(s) may be indicated based upon the medical history or findings of the physical examination."
Further supporting the need for additional evaluation is the medical advisory criteria for 391.41(b) 13 which notes that "if an individual shows signs of having an alcohol-use problem, he or she should be referred to a specialist. After counseling and/or treatment, he or she may be considered for certification."
While not regulation, the medical advisory criteria are provided by the FMCSA to assist the Medical Examiner determine if a person is physically qualified to operate a CMV. The Medical Examiner may or may not choose to use these guidelines. These guidelines are based on expert review and considered practice standards. The examiner should document the reason(s) for not following the guidelines.
Last Updated : April 1, 2014
Q. In industry terminology, "intermodal trailer" means a closed van semi-trailer that is either owned or controlled by a railroad, leasing company, motor carrier, or private entities such as shippers and intermodal marketing companies. Motor carriers transport these trailers to and from intermodal rail and marine terminals, depots, container yards, etc. Are these intermodal trailers covered by the December 2008 rule (73 FR 76794)?
A. No. The Secretary of Transportation is required to issue regulations "to ensure that intermodal equipment used to transport intermodal containers is safe and systematically maintained" (49 U.S.C. 31151(a)(1), emphasis added). Van trailers are not "intermodal containers," as that term is used in the statute.
Last Updated : April 3, 2014
Yes. FMCSA has authority to investigate service agents’ compliance with Parts 40 and 382 as required by Part 40. [§40.331] Under the Moving Ahead for Progress in the 21st Century Act, P.L. 112-141 (MAP-21), Congress expanded FMCSA’s civil penalty enforcement authority to include service agent violations of alcohol and drug testing requirements under 49 CFR. [See(MAP-21, Sec. 3402, new 31306a(f)(2) & (k)(1)
Last Updated : May 14, 2015
No. The Medical Examiner is required to provide a copy of the Medical Examiner’s Certificate (49 Code of Federal Regulations (CFR) 391.43(g)) to the motor carrier that employs the driver. A release form is not required. The motor carrier is required to keep a copy of the certificate in the driver qualification file. (49 CFR 391.51(b)(7))
Last Updated : April 1, 2014
An intermodal equipment provider (IEP) may enter into agreements with others (“designated agents”) to perform inspection, repair, and maintenance on its behalf. The IEP, however, is responsible for the work performed by its agents and for ensuring the safety of the intermodal equipment (IME) it tenders to motor carriers and drivers.
Last Updated : May 4, 2015
Due to Anhydrous Ammonia (ammonia, anhydrous) having both international and domestic entries in the Hazardous Materials Table (HMT)(See 49 CFR § 172.101), considerations must be made in order to determine the need for a Hazardous Materials Safety Permit (HMSP):
- For Anhydrous Ammonia in “domestic transportation” (See 49 CFR § 171.8) and described as UN1005 ammonia, anhydrous 2.2 Inhalation Hazard, an HMSP is not required.
- For Anhydrous Ammonia described as UN1005, ammonia, anhydrous 2.3 Poison Inhalation Hazard or Toxic Inhalation Hazard, Zone D, and when transported in a packaging having a capacity greater than 13,248 L (3,500 gallons), an HMSP is required. In these instances, Anhydrous Ammonia meets the definition of a Material that is Poison-By-Inhalation or Toxic-By-Inhalation as defined in 49 CFR § 171.8 and meets the criteria for a hazard zone D as specified in 49 CFR § 173.116(a).
Last Updated : August 29, 2017
In general, all CMV drivers driving in interstate commerce within the United States must obtain medical certification from a Medical Examiner. CMV drivers from Canada and Mexico can be medically qualified in their countries.
Last Updated : April 1, 2014
Under 49 United States Code 31315 and 31136(e), the FMCSA may grant an exemption from the FMCSRs if the agency determines it is in the public interest and would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with the safety regulation. Section 381.300 through 381.330 of the FMCSRs describes procedures applicants must follow to apply for exemptions and can be viewed at 49 CFR 381.330. FMCSA currently has exemption programs for vision and insulin-treated diabetes mellitus, and offers a certificate program for drivers with limb impairments. FMCSA also has a special certification program for drivers with missing and/or impaired limbs (49 CFR 391.41(b)(1).
Last Updated : April 1, 2014
The guidelines recommend disqualifying a CMV driver with a diagnosis of Narcolepsy, regardless of treatment because of the likelihood of excessive daytime somnolence.
Last Updated : April 1, 2014
Depending on the amount, protein in the urine (Proteinuria) may indicate significant renal disease. The Medical Examiner may certify, time limit, or disqualify a commercial driver with Proteinuria. The decision is based on whether the examiner believes that Proteinuria may adversely affect safe driving regardless of the examiner’s decision. The driver should be referred for follow-up.
Last Updated : April 1, 2014
When a Medical Examiner grants medical certification, he/she certifies the driver to perform any job duty required of a commercial driver, not just the driver's current job duties.
Last Updated : April 1, 2014
Yes, the motor carrier (employer) is required to keep a copy of the medical card (certificate) on file and the driver is required to keep the medical certificate (and supporting documents as required) with him while driving.
Last Updated : April 1, 2014
The FMCSRs do not address this issue.
Last Updated : April 1, 2014
No. If a carrier is identified for enhanced oversight, the Agency will monitor the carrier’s safety and compliance behaviors, and conduct an investigation when warranted. If an investigation is conducted and the final safety rating is less than satisfactory, then the HMSP will be immediately suspended. During the time a carrier has a proposed rating of less than satisfactory, the carrier may file a petition for a change in the safety rating based on corrective action in accordance with 49 CFR 385.17, or a petition for administrative review based on 49 CFR 385.15.
Last Updated : July 29, 2015
Section 391.41(b)(10) do not apply to a driver who was a participant in good standing on March 31, 1996, in a waiver study program concerning the operation of CMVs by drivers with visual impairment in one eye; provided: (1) The driver is physically examined every year, including examination by an ophthalmologist or optometrist attesting to the fact that the driver: (i) Is otherwise qualified under 391.41; and (ii) Continues to measure at least 20/40 (Snellen) in the better eye. (2) The driver provides a copy of the ophthalmologist or optometrist report to the Medical Examiner at the time of the annual medical examination. (3) The driver provides a copy of the annual medical certification to the employer for retention in the driver's qualification file and retains a copy of the certification on his/her person while driving for presentation to an authorized federal, state or local law enforcement official. The grandfathering provision is no longer available.
Last Updated : April 1, 2014
FMCSA will deny an application for provisional operating authority if a Mexico-domiciled motor carrier fails the PASA. If a Mexico-domiciled motor carrier fails the PASA, it may reapply for provisional operating authority after 30 days and must pay the required $300 non-refundable filing fee again.
Last Updated : June 30, 2015
Mexico-domiciled motor carriers who successfully pass a PASA must file required proof of financial responsibility (i.e. insurance) with FMCSA, (see 49 CFR Part 387.301) and may also be required to file an updated form BOC-3 – Designation of Agents-Motor Carriers, Brokers and Freight Forwarder s designating a person to accept service of process in each of the 48 contiguous States (if they were not already designated on the BOC-3 submitted with the OP-1(MX) application). This requirement is outlined in 49 CFR Part 366 – Designation of Process Agent. After FMCSA approves the carrier’s application, FMCSA will publish a summary of the application in the FMCSA Register to give notice to the public in case anyone wishes to oppose the application. If no one opposes the application, the provisional operating authority will become effective. Opposed applications will be handled in accordance with the protest procedures in 49 CFR Part 365, subparts A and B.
Last Updated : June 30, 2015