Sauk Rapids Minnesota 800-656-1396
http://www.midwestcompliance.com/
The headline for this article may not make any sense to you. But you wouldn’t believe how many times someone says to me; “that driver never crosses state lines, so he doesn’t need a medical card…” or “…he’s got a medical card so he can drive now, right?” Wrong!
Let’s eliminate the confusion and review how to qualify a driver of a commercial motor vehicle, (CMV). If you read my article, How Am I Supposed to Know , you already know that the definition of a CMV is any vehicle over 10,000 pounds Gross Vehicle Weight Rating used in commerce. (By the way, if you don’t know what the gross vehicle weight is, you can usually find it stamped on the driver side door post – or listed on the vehicle title or registration card).
The driver qualification (DQ) rules are the same whether or not you are crossing state lines or operating within state lines.
Under the DQ rules a driver must meet the physical qualifications according to the Federal Code of Regulations, part 391.41, which states that the driver needs a DOT physical, and the driver must carry proof of this DOT physical in the form of a medical examiners certificate. Typically these certificates are good for two years – an expired certificate could earn you a fine.
One of the items checked during the medical exam is blood pressure. Last September, the B/P limit was adjusted to 140/90. If the driver’s blood pressure is above this number, their certificate may be good for a shorter time period.
There are several other physical qualifications, (too numerous to mention in this article). If you are concerned that you or one of your drivers may not be medically qualified, you can check Part 391.41 or give me a call and we can tell you what it says.
Remember, just because the medical examiner is DOT qualified doesn’t necessarily mean that they are knowledgeable of the regulations. We frequently see errors on driver physicals. The thing to know is, if a medical examiner makes an error, it is up to the carrier to document notice of the error to the examiner, and attempt to get it corrected. Point in fact, medical examiners are not regulated by the DOT – you are!
Other requirements for driver qualification are;
- The driver must be able to speak and read English well enough to do the job;
- The driver must have a driver license that is valid for the type of vehicle driven;
- They must be able to drive the vehicle safely;
- They must know how to properly load and secure cargo;
- They must not be disqualified from driving a CMV; and
- If they are engaged in intrastate transportation they must be a least 18 years old – or 21 if they are hauling hazardous material in a quantity requiring placards. If they are engaged in interstate transportation they must be 21.
Carriers must also maintain a Driver Qualification File for each driver. The file must be kept current for as long as the driver is employed, and for three years thereafter. The file must contain the following items:
- the driver’s application for employment;
- a copy of the current medical examiner’s certificate;
- and a copy of any medical waiver which may have been granted to a driver;
- a certificate of a road test, (a legible copy of a valid commercial driver’s license is an acceptable substitute providing the license is issued for the class of vehicle the driver will operate);
- a written record of three years of past employers contacted to verify the driver’s previous employment;
- a state motor vehicle report about the drivers driving record from the past three years for every state a drivers license was held;
- a motor vehicle report generated at each annual review of the driver’s driving record showing the date of the review and who performed the review;
- a list of any violations of motor vehicle laws from the driver each year.
There are some limited exemptions on some of the documents required to be on file, and you can read about them in Subpart G of Part 391. But my best advice is to have a driver qualification file on every driver – then you can sleep better at night!
Next month I’ll clear up the confusion surrounding the Drug and Alcohol testing rules. Until then, take it one load at a time!
Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396
