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                DOT on YouTubeMenu HomeFrequently Asked Questions

Displaying 1 - 20 of 97SearchTopic
                    
- Any -Carrier & Vehicle Safety-Bridge Strikes & GPS-Hazardous Materials-Intermodal Equipment Providers-SaferBus AppProtect Your MoveDriver Safety & Health-Drug and Alcohol-Hours of Service-Medical Requirements-Safety RegulationsGrantsHuman Trafficking PreventionInternational-Commercial Zone-General-Long-Haul-Mexico-Based Carriers-U.S & Canada Commercial Drivers LicensesLaws & Regulations-Civil Penalty Proceedings-Hours of Service-MAP-21 Legislation-Safety BeltRegistration, Licensing & Insurance-Biennial Updates-Commercial Drivers License-Definitions-Insurance-New Entrant Program-Operating Authority-Transfers of Operating Authority-Unified Registration System-USDOT NumbersState Issues-State Issues
       **Am I required to have a medical certificate if I only operate a CMV in my home State (intrastate commerce)?**

        Intrastate drivers are subject to the physical qualification regulations of their States. All 50 States have adapted their regulations based on some of the Federal requirements. Many states grant waivers for certain medical conditions.
NOTE: FedEx, UPS and DHL drivers usually do not leave the state but are subject to interstate regulations.

Last Updated : April 1, 2014        
      **Are CMV Drivers required to be CPR certified?**

        No. There is no regulation that requires CMV drivers to be CPR certified.

Last Updated : April 1, 2014        
      **Are government employees exempt from routine/yearly physical examinations?**

        Transportation performed by the Federal government, a State, or any political subdivision of a State, or an agency established under a compact between states that has been approved by the Congress of the United States are exempt from the FMCSRs, if the political entity chooses.

Last Updated : April 1, 2014        
      **Are motor carriers legally obligated to provide air conditioning in commercial motor vehicles?**

        The FMCSRs do not address this issue.

Last Updated : April 1, 2014        
      **Are the DOT medical examinations covered by HIPAA?**

        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        
      **Are there duties related to the FMCSA medical certification?**

        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        
      **As a Medical Examiner, can I disclose the results of my medical evaluation to a CMV driver's employer?**

        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        
      **As a Medical Examiner, can I disclose the results of my medical evaluation to a commercial motor vehicle driver's employer?**

        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        
      **Can a Canadian driver apply for a Skill Performance Evaluation (SPE) certificate to drive in the United States?**

        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        
      **Can a CMV driver be disqualified for using a legally prescribed drug?**

        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        
      **Can a driver be qualified if he/she is having recurring episodes of ventricular tachycardia?**

        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        
      **Can a driver meet the qualification standards under 49 CFR § 391.41(b)(12) if using medical marijuana recommended by a licensed medical practitioner in the United States or another country?**

        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        
      **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 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 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

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