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# Frequently Asked Questions

**Can a driver on oxygen therapy be qualified to drive in interstate commerce?**

In most cases, the use of oxygen therapy while driving is disqualifying. Concerns include oxygen equipment malfunction, risk of explosion, and the presence of significant underlying disease that is disqualifying, such as pulmonary hypertension. The driver must be able to pass a Pulmonary Function Test (PFT).

Last Updated : August 10, 2018

**Can a driver who takes nitroglycerine for angina be certified?**

Yes. Nitroglycerine use is not disqualifying. The Medical Examiner may require an evaluation by the treating Cardiologist to make sure that the driver's angina is stable.

Last Updated : April 1, 2014

**Can a motor carrier broker loads?**

No. A motor carrier cannot *broker loads*without first applying for and receiving a license to operate as a property *broker*.

**Can a moving company put my belongings in storage?**

In certain situations, a moving company can legally put your household goods in storage at your expense.

At the agreed upon time of delivery, you must pay for the charges due and be available to accept delivery of your shipment or it could be placed in storage at your expense.

To learn more, read the FMCSA’s Your Rights and Responsibilities When You Move booklet

**Can carriers set their own standards for CMV drivers who operate in interstate commerce?**

49 CFR Section 390.3(d) gives employers the right to adopt stricter medical standards. Motor Carriers (companies) cannot set less restrictive standards. In addition, the employer can require the driver to perform ancillary duties as a condition of employment.

Last Updated : April 1, 2014

**Can CMV drivers be qualified while being prescribed Provigil (Modafinil)?**

Provigil (Modafinil) is a medication used to treat excessive sleepiness caused by certain sleep disorders. These sleep disorders are narcolepsy, obstructive sleep apnea/hypopnea syndrome and shift work sleep disorders. Provigil has severalconcerning side effects such as chest pain, dizziness, difficulty breathing, heart palpitations, irregular and/or fast heartbeat, increased blood pressure, tremors or shaking movements, anxiety, nervousness, rapidly changing mood, problems with memory, blurred vision or other vision changes to name a few. Many drugs interact with Provigil which include over-the-counter medications, prescription medications, nutritional supplements, herbal products, alcohol containing beverages and caffeine. The use of Provigil needs careful supervision. Provigil may affect concentration, function or may hide signs that an individual is tired. It is recommended that until an individual knows how Provigil affects him/her, they may not drive, use machinery or do any activity that requires mental alertness.

Last Updated : April 1, 2014

**Can I apply for an exemption from the hypertension standard?**

A CMV driver may apply for an exemption from any of the standards. Exemptions are granted only in those instances where the driver can show that safety would not be diminished by granting the exemption.49 CFR 381.300

Last Updated : April 1, 2014

**Can I drive a commercial vehicle after having angioplasty/stents inserted into my heart?**

Yes. Drivers who have uncomplicated, elective Percutaneous Coronary Intervention (PCI), with or without stenting, to treat stable angina may return to work as soon as one week after the procedure. Criteria for return to work after PCI include:
                                  - Examination and approval by the treating cardiologist;
                                  - Asymptomatic;
                                  - No injury to the vascular access site;
                                  - ETT three to six months post PCI. In the CMV driver this requires exercising to workload capacity of at least six METS (through Bruce Stage II or equivalent), attaining a heart rate >85% of predicted maximum (unless on beta blockers), a rise in SBP >20mmHg without angina, and having no significant ST segment depression or elevation. Stress radionuclide or echocardiography imaging should be performed for symptomatic individuals, individuals with an abnormal resting echocardiogram, or those drivers who fail to obtain the minimal standards required from the standard ETT;
                                  - Annual medical qualification examination;
                                  - Negative ETT at least every other year (criteria above) and Tolerance of all cardiovascular medication. The driver should not experience orthostatic symptoms, including light-headedness; a resting SBP<95mmHg systoloc; or a systolic blood pressure decline > 20mmHg upon standing.

Last Updated : April 1, 2014

**Can I get a waiver if I have had a single unprovoked seizure?**

Drivers who have had one unprovoked seizure by definition do not have epilepsy (2 or more unprovoked seizures). Drivers who are seizure-free and off anticonvulsant medication(s) for at least 5 years after a single unprovoked seizure can be certified. Earlier return to work may be considered for drivers with a normal EEG who have no epileptic-form activity and normal examination by a neurologist specializing in epilepsy.

Last Updated : April 1, 2014

**Can I lease my services and operate under another entity's operating authority until my own is active?**

Yes, *leasing* motor carrier *services* is permissible if you comply with the requirements under FMCSR Section 376.11.

**Can I operate outside of my base state now that I have applied for operating authority?**

You cannot transport regulated commodities in interstate commerce (for hire) until you have obtained operating authority (certificate and/or permit) and received your single-state registration. The act of applying for operating authority is not sufficient. You cannot operate until the certificate and/or permit has been issued.

If you are transporting exempt commodities (see below) and have a USDOT number, you may operate as an exempt for-hire interstate motor carrier without an MC number. You are still required to abide by your state regulations.

On our website you will find Administrative Ruling No. 119, which is a guide to what is and is not exempt. The booklet no longer is in print, but the information still is accurate. The list of exempt commodities changes, but this can be used as a general guide. A list of non-exempt commodities can be found in the FMCSR in Section 372.115.

**Can I report a driver operating without a medical certificate? What protection can I expect as a whistleblower and to Whom would I report it?**

Yes. Guidelines for reporting a driver operating a CMV without a medical certificate issued by a Medical Examiner and whistleblower protections, i.e., Motor Carrier Employee Whistle Blower Protection, (49 United States Code 31105 and 29 Code of Federal Regulations 1978).

Last Updated : April 1, 2014

**Can I still get a medical certificate if I have a medical condition that is being treated by a physician?**

The decision is made by the Medical Examiner. The examiner may request information about the driver’s condition from their treating doctor. In general, certification is permitted if the driver does not have a condition, use medication or receive treatment that impairs safe driving.

Last Updated : April 1, 2014

**Can movers hold your stuff hostage?**

Interstate movers can legally hold your belongings if you are don’t honor your contract and pay on time. However, FMCSA may take enforcement action when a mover or broker knowingly and willfully violates a contract, and fails to deliver household goods at the agreed upon destination when a customer has paid. To learn more, read the FMCSA’s Your Rights and Responsibilities When You Move booklet.

**Can we obtain apportioned tags from the FMCSA web site?**

No. License plates and stickers are State matters, and you should contact your State vehicle registration office for the requirements.

An index of state government agencies is available.

Last Updated : April 3, 2014

**COMMERCIAL ZONE: May a Mexico-domiciled carrier operate in the U.S. with a copy of the completed commercial zone application in the vehicle and be in compliance with the regulations?**

No, that is not sufficient. The requirement is for the carrier to have on board the vehicle a copy of the complete Certificate of Registration or Operating Authority.

Last Updated : December 12, 2015

**COMMERCIAL ZONE: What is the commercial zone?**

For Mexico-domiciled motor carriers, commercial zones are areas along the Southern U.S. border, or locations specified in 49 CFR 372, Subpart B that are exempt from certain regulatory provisions. Some zones are identified by name. The population of the municipality determines those that are not identified in 49 CFR 372, Subpart B. The OP-2 application instructions have a list of the border crossings and associated commercial zones.

Last Updated : December 12, 2015

**Did the intermodal equipment provider (IEP) final rule (73 FR 76794) change the way roadside inspections are performed and documented?**

The rule did not change the methods used to perform roadside inspections, but it did change how some information is recorded.

In highway intermodal operations, different entities are usually responsible for the inspection, repair, and maintenance of the power unit (tractor) and the trailing unit (IME). In most situations, a motor carrier is responsible for the tractor, but an intermodal equipment provider (IEP) is responsible for the intermodal equipment (IME) used to transport intermodal containers. For that reason, FMCSA has changed the Aspen software to include separate fields to record the identification of the power unit and the trailing unit. An inspection official will enter the USDOT numbers and equipment identification numbers for both the tractor and IME trailer.

There are some motor carriers that operate their own IME. For those carriers, enter the USDOT number for the carrier in both fields, and enter the tractor and trailer identification numbers for each unit.

In some situations, motor carriers use a flatbed trailer to transport intermodal containers. In most cases, the flatbed trailer is not an item of IME, and it should be identified as the motor carrier’s unit.

An intermodal container is cargo – it is not part of the IME.

Last Updated : April 3, 2014

**Do drivers need to carry the medical certification when driving a CMV?**

As of January 30, 2015, Class A, B, or C commercial drivers which certify as “non-exempted interstate” drivers are no longer required to carry their Medical Examiner Certificate in their possession.

Last Updated : August 20, 2015

**Do I need a new USDOT number if I am changing my company’s Legal Name or Form of Business?**

The FMCSA's policy is to assign a unique USDOT identification number to each person required to identify themself with FMCSA under 49 U.S.C. 13902, 31134 and 49 C.F.R. 390.19T or 390.200T.  USDOT numbers are not transferable and are assigned to only one person and remain assigned to that person forever.  A person includes an individual, corporation, partnership, or other business organization as authorized by state law.  Each separate and distinct person must have separate registration.

For corporations, partnerships and other business organizations, the USDOT number will remain the same when there is a change in company officials, address or other demographic information, and the corporation, partnership, or other business organization will continue operations as the same legal person/entity. In case of a change in demographic information, the motor carrier is required to file an updated Form MCS-150, Motor Carrier Identification Report, within 30 days of the change. 

We will allow a sole proprietor to maintain its USDOT number when it changes its current form of business, and the new entity will continue to operate virtually the same (absent the form of business change) as before the change.  There would be no change in company officials, address, or other demographic information and the new entity will maintain identical operations, employees and assets.  We will permit a change in the Tax ID number based on the new articles of incorporation.

It is important to note that the regulation has not changed.  The Office of Registration and Safety Information is often asked whether a new USDOT number is or is not required following motor carrier ownership, form of business, or operational changes.  The office recently provided clarification and direction for what must be done when these situations arise.

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