Waynes World - May 2009
FMCSA ISSUES A FINAL RULING ON DRIVER
QUALIFICATION FILES AND...
NEW RULES FOR DRIVER'S
MEDICAL CARDS
by Wayne Schooling
Three years from now, the need for many CDL holders to carry a medical card will be a thing of the past. The FMCSA has issued a final rule merging the medical examiner’s certification with the commercial driver’s license. The result is that an interstate driver’s medical qualification status will be instantly accessible via his or her driving record, meaning many drivers will no longer need to carry their medical cards with them.
Between January 30, 2012 and January 30, 2014 all interstate drivers who hold a CDL must begin providing their medical certificates to their state driver licensing agencies. The licensing agencies, in turn, will be required to record the driver’s medical certification status in the national CDL database, known as the Commercial Driver License Information System (CDLIS), which is accessible to all roadside enforcement personnel.
Also, beginning January 30, 2012 for interstate CDL drivers, motor carriers will no longer be required to keep a copy of the medical card in the driver’s qualification file. But, to verify a driver’s medical qualification status, employers will instead have to obtain a copy of the driver’s motor vehicle record (MVR) before allowing the driver to drive a commercial motor vehicle (CMV) in interstate commerce. This marks a dramatic shift from the current rules, which gives motor carriers 30 days from hire to obtain the MVR.
To maintain a solid paper trial, medical examiners and state licensing agencies will be required to keep a copy of each driver’s medical card for three years. Employers will also have to continue maintaining medical cards for any drivers not subject to the rule, including non-CDL drivers. The final rule only applies to interstate CDL holders and their motor carrier employers, but states are expected to adopt similar rules in order to continue receiving federal highway funds.
In justifying the new rules, the FMCSA cited recent inspection and audit data that indicates that there is a need to improve oversight of the medical certification process for CMV drivers. Among the more than 3.4 million roadside inspections conducted in 2007, the FMCSA says there were 145,000 drivers failing to have a medical certificate with them, 42,000 drivers operating with an expired medical certificate, 4,000 drivers in possession of an improper certificate, and 6,000 violations for physically unqualified drivers. At an average price of $6.00 per MVR, the FMCSA estimates that the new rule will cost employers $3 million annually, but will prevent 288 crashes and save the country $43 million each year.
The new rules will create four new driver categories and each driver will be expected to notify his or her state licensing agency of the type of driver he or she is or expects to be. The four new types of drivers are: 1) Non-Excepted Interstate Driver – operates in interstate commerce, is qualified under Part 391, and is required to obtain a medical card; 2) Excepted Interstate Driver – operates in interstate commerce but is exempt from having to obtain a medical card under Part 391; 3) Non-Excepted Intrastate Driver – operates only in intrastate commerce and is subject to state qualification rules; and 4) Excepted Intrastate Driver – operates in intrastate commerce but is exempted from state qualification rules.
Any drivers presenting themselves as a Non-Excepted Interstate Driver will have to provide the state with a current medical card, and all future cards. If a driver’s medical card or variance expires, the state must update the CDLIS record within 10 days to show that the driver is “not certified” to operate a CMV. They must also notify the CDL holder of the “not certified” status and then downgrade the driver’s CDL within 60 days. The following are some frequently asked questions (and answers) about these new CDL rules.
Q: Do drivers need new medical cards on January 30, 2012?
A: No, existing cards will be accepted as long as they are current.
Q: Will drivers need to renew their medical cards more frequently once the new rules are in effect?
A: No.
Q: Do the new rules require the states to notify drivers before their medical cards expire?
A: No, it is still up to the driver to keep track of the expiration date, although states have the option to notify drivers. The CDLIS driving record will show the medical card’s expiration date, so employers will be aware of the date as well. States must notify drivers before downgrading their CDL.
Q: Will states charge drivers a fee for processing medical cards?
A: Maybe. The rule does not prohibit states from charging drivers a fee, so they probably will.
Q: If an employing carrier’s policy is to review each driver-applicant’s MVR before hire and to require them to undergo a new medical exam, will the carrier need to obtain two MVRs?
A: No. If the carrier obtains an MVR showing one medical card expiration date and then the driver receives a new card expiration date, the carrier would not have to obtain a second MVR showing the new date. The applicant will have to give the new card to the state licensing agency, however. The employer would have to obtain a new MVR within 12 months for the annual review.
Q: Do the new rules affect intrastate (in-state) drivers?
A: They could. To receive federal highway funds, states are required to have rules that are similar to the federal rules. Therefore, most of the states will probably revise their medical certification rules for intrastate drivers to be compatible with the new rules. However, states are not required to post intrastate driver’s medical certification status to the CDLIS driver record.
Q: Will the new rules require employers to wait longer before putting a driver behind the wheel?
A: Possibly. As under the current rules, drivers cannot operate a CMV in interstate commerce until the employer has proof they are medically qualified. Under the new rule, that “proof” will be the MVR instead of the medical card (although for new/renewal licensees, employers can use a receipt from the state licensing agency for up to 15 days after the receipt was issued). Of course, the simple solution to this is that drivers get their own MVR before applying for a job.
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