DOT Safety Regulation Update Fast-Fax™
Week of June 13, 2011
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The Federal Motor Carrier Safety Administration has issued a proposed rule effectively delaying an overhaul to the medical certificate filing regulations that has been on the books since 2008. Drivers and motor carriers will be required to keep paper copies of the medical certificate until at least 2014
The Federal Motor Carrier Safety Administration (FMCSA) has proposed delaying an important overhaul to the Medical Certificate system. The agnecy wants to continue to require that drivers and motor carriers keep a paper copy of the medical examiner’s certificate.
Before this ruling, FMCSA had been initiating a new system with each State Driver’s Licenseing Agency (SDLA) whereby the CDL and Medical Certificate are effectively merged into a single electronic document. The delay is being proposed as a way to give the SDLAs more time to implement the new system.
The requirement will be in effect until January 30, 2014.
The New Rule
We first wrote about this rule in Fast-Fax 565, back in December of 2008. Below is a reminder of the new rule:
The new rule will require your state’s licensing agencies to modify their CDL procedures to:
- Require submission of the medical examiner’s certificates (or a copy) from those drivers operating in non-excepted, interstate commence who are required by part 391 to be medically certified;
- Record a CDL driver’s self-certification regarding type of driving (e.g., interstate (non-excepted or excepted) and intrastate (non-excepted or excepted) on the CDLIS driver record);
- Date stamp the medical examiner’s certificate (or a copy);
- Provide the stamped medical examiner’s certificate or a copy as a receipt to the driver;
- Retain the certificate or a copy for three years from the date of issuance;
- Post the required information from the certificate or a copy onto the CDLIS driver record within 10 days; and
- Update the medical certification status of the CDLIS driver record to show the driver as ``not-certified’’ if the certification expires; and then downgrade the CDL within 60 days of the expiration of the driver certification.
When Will This Go Into Effect?
As the new rule affects the SDLA in every state, FMCSA has given plenty of time for the rules to go into effect:
All CDL holders must comply with the requirement to submit to their SDLA their self-certification as to whether they are subject to the physical qualification rules by January 30, 2014.
As the implementation dates will vary from state to state, it is our understanding you will be notified of when you need to submit your information.
Who Will Be Required To Submit A Medical Certificate?
- All drivers who have a CDL will be required to submit a medical examiner’s certificate providing they meet the provisions of 49 CFR 383.5. The four categories of CMVs for which an operator is required to have a CDL, as defined in 49 U.S.C. 31301(4) and specified in 49 CFR 383.5, are the following:
- Those with a Gross Vehicular Weight Rating (GVWR) or Gross Combination Weight (GCW), of at least 26,001 pounds, including towed units with GVWR or GCW of more than 10,000 pounds;
- Those with a GVWR or GCW of at least 26,001 pounds;
- Those designed to transport at least 16 passengers, including the driver; or
- Those of any size used to transport either hazardous materials that require a placard on the vehicle under 49 CFR part 172, subpart F, or any quantity of a material listed as a select agent or toxin under 42 CFR part 73.
Two More Carriers Removed from the Road. Over the weekend, the Federal Motor Carrier Safety Administration (FMCSA) removed two more carriers from the road. North Carolina-based United Tours, Inc. and Michigan-based Haines Tours were declared “imminent hazard(s)” to public safety and ordered to cease operations immediately.
Haines Tours was shuttered for its practice of transporting passengers in the luggage compartment. During a May 27 inspection in Lake Township, Ohio, an officer discovered six passengers riding in the luggage compartment with unsecured luggage. According to FMCSA, United Tours was using drivers who did not have a proper CDL and/or who were not medically examined and qualified. Go to www.FoleyServicesBlog.com for more information.
Editor: Roxanne Swidrak, Vice President, Operations • 1-800-253-5506 • www.FoleyServices.com • Vol. 111, No. 691 • © Foley Carrier Services, LLC. 2011