Issue link: http://read.dmtmag.com/i/367531
14 Oil Prophets New CDL Driver Rule Restricts Choice of Mark S. Morgan Regulatory Counsel The U.S. Federal Motor Carrier Safety Administration (FMCSA) issued a new rule that will likely make it more difficult for drivers seeking a new or renewed CDL license to obtain the required medical examiners certificate proving that they are physically fit to operate a commercial motor vehicle (CMV). Before the rule was adopted, drivers could simply go to their family doctor, pass a medical fitness exam and receive the medical examiner's certificate required for licensure. The process was simple, quick and easy - perhaps a little too easy for some drivers. Highway safety advocates convinced Congress that unfit drivers were able to obtain a medical examiner's certificate from either a sympathetic family doctor trying to save his patient's job or worse yet from unscrupulous medical professionals selling certificates for cash. These advocates pointed to data showing an increasing number of CMV accidents attributed to driver medical emergency (heart attack, stroke, black out, etc) as evidence that unfit drivers were getting behind the wheel. As is often the case, commercial passenger drivers (bus drivers) are the most likely CDL driver to experience a medical emergency while driving. Instead of targeting those drivers, Congress decided make the new rule applicable to all CDL drivers, even those with hazardous materials endorsements who have the lowest accident rate in the industry. The rule was mandated by the Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005 (49 U.S.C. 31149). The new rule went into effect on May 14, 2014, and prohibits all CDL drivers from obtaining a medical examiner's certificate from any medical professional not listed on the FMCSA's newly created National Registry of Certified Medical Examiners (National Registry). In order to be listed on the National Registry, medical professionals must complete extensive training and testing in FMCSA's physical qualification standards for drivers. Since most doctors won't bother with such training and testing, the pool of qualified medical professionals permitted to conduct driver physical exams for the purpose of CDL licensure will shrink dramatically. This means that drivers applying for new or renewed CDL licenses will now spend more time, travel greater distances and likely pay more money to pass a physical fitness exam and obtain the required medical examiner's certificate for licensure. Currently most of the medical professionals listed on National Registry are private clinics specializing in U.S. DOT compliance services (drug testing etc). Starting in 2015, another rule will go into effect requiring certified medical professionals to electronically transfer a driver's medical certificate directly to the applicable state licensing agency. Drivers at that time will no longer be required to carry a paper medical certificate – though some states still have no electronic capability in place. The roll out of the electronic medical certificate has already been delayed a year. In the meantime, paper certificates are still issued and required. Many drivers are likely not aware of the new FMCSA physical exam requirements. In order to prevent delays in the CDL renewal process, employers should inform their drivers of the new requirements for physical fitness exams well in advance of their CDL renewal date. Here are a few facts about the new rule that will help to make the CDL renewal process faster and less burdensome: DRIVER RESPONSIBILITY: On or after May 21, 2014, CDL drivers seeking a medical certificate necessary to obtain or renew a CDL license must undergo a physical examination by a medical REGULATORY CORNER