DMVs to begin verifying medical certification in 2012

| 11/1/2011

The days of truckers telling state licensing agencies that their medical certifications are current are just about over because of a new regulation going into effect in January.

The Federal Motor Carrier Safety Administration issued a final rule in 2008 that changes the way states must verify the medical certification for truckers either renewing or applying for a CDL. Phased-in compliance deadlines for states, motor carriers and truckers start kicking in on Jan. 30, 2012.

Some states such as Illinois are already sending letters out to CDL holders alerting them of the change.

Once everything is up and running on the state level, truckers will be required to present either the original or a copy of the current medical examiner’s certificate. The state agency must then date stamp the certification card and return it to the trucker.

The date-stamped card will be sufficient to prove medical certification for 15 days. Within 10 days of stamping the card, the state licensing agency must enter the information into the Commercial Drivers License Information System, according to the new requirement.

States will be required to keep a copy of the stamped card for three years from the date the CDL is issued.

Once the information is entered in the CDLIS system, truckers won’t be required to present the valid medical card for inspections or employment.

Instead, inspectors will have access to the electronic information. Motor carriers won’t even be able to use the medical card anymore to prove a driver’s fitness.

Starting Jan. 30, 2012, the motor carriers must keep a copy of the current CDLIS motor vehicle record documenting medical certification status in the driver’s qualification file before allowing the driver behind the wheel.

Truckers will have to stay on top of their medical certification because of the new requirement.

If the certification expires before the CDL, states will be required to update the driver’s CDLIS file to reflect the driver as “not certified.” The driver’s CDL will be downgraded after 60 days of the expiration of the medical certification.

The Owner-Operator Independent Drivers Association filed comments in early 2007 when FMCSA pitched the proposed rulemaking for comment.

The Association did not challenge the requirement for proving medical certification, but did attempt to restrict states from requiring the “long form” in place of the certification card.

Citing extensive privacy concerns, OOIDA pointed out that countless people could potentially have access to a driver’s personal medical information contained on the medical “long form.”

“The right to privacy must be balanced against legitimate governmental rights to collect certain information,” Association officials wrote in comments submitted to FMCSA. “Nevertheless, truck drivers still retain a significant privacy interest in remaining free of unwarranted governmental intrusions into their lives.”

In addition to infringing on privacy, OOIDA said that allowing states and employers to require the “long form” could very well undermine highway safety and the quality of medical care truckers receive from their physicians.

OOIDA said more truckers would share sensitive medical information with their physicians if they knew that it wouldn’t wind up in a state or employer file somewhere with potential unfettered access to almost anyone.

While the new final rule issued by the agency does not require use of the “long form” in obtaining or renewing CDLs or for proof of fitness to motor carriers, the new reg doesn’t prohibit it either.

“OOIDA’s recommendation that employers be prohibited from obtaining the medical examination report (“long form”) is not necessary to prevent infringing upon the employee’s privacy rights,” FMCSA officials wrote in the comments portion of the final rule.

Agency officials went on to say that if an employer required the form and put it in a driver qualification file, agency auditors could ask for the “long form” during an audit.

As far as states requiring the “long form,” FMCSA officials said it was up to state officials to decide if they wanted to implement stricter requirements on medical certification. FMCSA regs are essentially the minimum requirements.

To read the new regulation governing medical certification, click here.