Medical certification for CDL drivers

Scope

An interstate commercial motor vehicle (CMV) driver who is required to hold a CDL has to provide a current and all future medical certificates (wallet cards) and any applicable variances/exemptions to the state that issued the CDL.

Regulatory citations

• 49 CFR 383.71 — Driver application and certification procedures
• 49 CFR 383.73 — State procedures
• 49 CFR 391.41 — Physical qualifications for drivers
• 49 CFR 391.43 — Medical examination; certificate of physical examination
• 49 CFR 391.51 — General requirements for driver qualification files

Key definitions

• CDLIS driver record: The electronic record of the individual CDL driver’s status and history stored by the state-of-record as part of the Commercial Driver’s License Information System (CDLIS) established under 49 U.S.C. 31309. See Motor Vehicle Record.
• Commercial driver’s license (CDL): A license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in Part 383, which authorizes the individual to operate a class of a commercial motor vehicle (as defined in 383.5).
• Commercial motor vehicle (CMV): A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a:
  • Combination vehicle (Group A) — Having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
  • Heavy straight vehicle (Group B) — Having a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or
  • Small vehicle (Group C) that does not meet Group A or B requirements but that either:
    • Is designed to transport 16 or more passengers, including the driver; or
    • Is of any size and is used in the transportation of hazardous materials as defined in 383.5.
• Driver: Any person who operates any commercial motor vehicle.
• Motor vehicle record (MVR): The report of the driving status and history of a driver generated from the driver record, provided to users, such as, drivers or employers, and subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. 2721–2725.

Summary of requirements

In practical terms, this means:

• After a CMV driver provides a medical certificate (wallet card) and any applicable variances/exemptions to the state that issued the CDL, the expiration date of the certificate as well as other details about the driver’s medical certification are then placed in the CDL database for tracking by the state. The driver then must submit each subsequent medical certificate to the state in order to maintain an active CDL for interstate commerce.
• The state has to make sure the driver is medically qualified before issuing, renewing, or upgrading a CDL, and has to add the driver’s medical qualification status to the driver’s driving record.
• Employers have to obtain each applicant’s driving record — rather than the wallet cards — to verify that the applicant is medically qualified.
• Because drivers’ medical qualification status is instantly accessible to enforcement officers, many drivers no longer need to carry their medical cards with them in the truck or bus (at least for no longer than 15 days, as explained below).

States are free to determine how the medical cards are to be delivered (e.g., in person, mail, fax, email) to the licensing authority, whether copies will be allowed, and whether a fee is charged for medical card processing.

If a driver’s medical card or medical variance expires, the licensing state must change the driver’s medical certification status to “not certified,” must notify the driver of that change, and then must remove the driver’s interstate CMV driving privileges (i.e., must “downgrade” the license) within 60 days. The states are not required to notify drivers prior to the expiration of their medical cards.

Four categories. The regulations distinguish between four types of drivers, and CDL and CLP drivers are expected to notify their state licensing agencies of the type of driver they are or expect to be, as follows:

• Non-excepted interstate. Operates in interstate commerce, is qualified under Part 391, and is required to obtain a medical card.
• Excepted interstate. Operates in interstate commerce but is exempt from having to obtain a medical card under Part 391. The types of operations that are exempt are detailed in 49 CFR 390.3(f), 391.2, 391.68, or 398.3.
• Non-excepted intrastate. Operates only in intrastate commerce and is subject to state qualification rules.
• Excepted intrastate. Operates in intrastate commerce but is exempt from state qualification rules.

All “non-excepted interstate” drivers have to provide the state with a current medical card and all future cards. States are expected to adopt similar rules for most in-state CDL/CLP drivers.

Recordkeeping requirements. The recordkeeping requirements under the rule are as follows, for all interstate CDL/CLP holders and their motor carriers:

• Drivers. Non-excepted interstate CDL/CLP drivers no longer have to carry their medical certificates except for the 15 days after receiving a new medical certificate. That is, drivers who provide a new medical certificate to the state licensing agency must carry a copy of the certificate for up to 15 days, giving the state time (up to 10 days) to add the new information to the driver’s record.
• Motor carriers. Motor carriers using interstate CDL/CLP drivers whose driving record currently includes their most recent medical certification status must use the driving record (MVR) as proof of physical qualification and keep that driving record in the driver’s qualification file. The MVR must be updated every time the driver’s medical certification status changes, i.e., after every new DOT medical exam.
  • If a CDL/CLP driver obtains a new medical certificate then the motor carrier can retain a copy of that certificate for up to 15 days, giving the state time (up to 10 days) to add the new information to the driver’s record. By the end of those 15 days, the carrier must have a new MVR showing the updated medical information.
  • Motor carriers must verify that their CDL/CLP drivers self-certified under the appropriate operational category for their jobs. For example, a driver who self-certified as an intrastate driver is not authorized to operate in interstate commerce.

Medical examiners and state licensing agencies are required to keep a copy of each driver’s medical card for three years. Employers also have to continue maintaining medical cards for any drivers not subject to the rule, including non-CDL drivers.