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Text Content

dot-fmcsa
United States Department of Transportation
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Home › Regulations › Parts › 391 › § 391.41
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INTERPRETATIONS BROWSER

Part/Section #
Keyword
Topic - Any - Company Driver Drug and Alcohol Testing HazMat Hours of Service
Household Goods USDOT Number Vehicle Vehicle Marking

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 * Company
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 * § 391.2
   General exceptions.
   
 * § 391.11
   General qualifications of drivers.
   
 * § 391.15
   Disqualification of drivers.
   
 * § 391.21
   Application for employment.
   
 * § 391.23
   Investigation and inquiries.
   
 * § 391.25
   Annual inquiry and review of driving record.
   
 * § 391.27
   Record of violations.
   
 * § 391.31
   Road test.
   
 * § 391.33
   Equivalent of road test.
   
 * § 391.41
   Physical qualifications for drivers.
   
 * § 391.43
   Medical examination; certificate of physical examination.
   
 * § 391.45
   Persons who must be medically examined and certified.
   
 * § 391.47
   Resolution of conflicts of medical evaluation.
   
 * § 391.49
   Alternative physical qualification standards for the loss or impairment of
   limbs.
   
 * § 391.51
   General requirements for driver qualification files.
   
 * § 391.63
   Multiple-employer drivers.
   
 * § 391.65
   Drivers furnished by other motor carriers.


PART 391


SECTION § 391.41: PHYSICAL QUALIFICATIONS FOR DRIVERS.

Below are the available interpretations for the given section. To return to the
list of parts, use the Parts link above. The menu to the left provides a full
list of sections that have interpretations. To view interpretations for a
different section, click on the menu item.

The regulations text of the section can be found on the eCFR website. To view
the regulations text, use the link below. For assistance, please send an email
to FMCSA.Webmaster@dot.gov.
View regulations for Part 391



   
 * Guidance Q&A



Question 1: Who is responsible for ensuring that medical certifications meet the
requirements?

Guidance:

Medical certification determinations are the responsibility of the medical
examiner. The motor carrier has the responsibility to ensure that the medical
examiner is informed of the minimum medical requirements and the characteristics
of the work to be performed. The motor carrier is also responsible for ensuring
that only medically qualified drivers are operating CMVs in interstate commerce.



Question 2: Do the physical qualification requirements of the FMCSRs infringe
upon a person’s religious beliefs if such beliefs prohibit being examined by a
licensed doctor of medicine or osteopathy?

Guidance:

No. To determine whether a governmental regulation infringes on a person’s right
to freely practice his religion, the interest served by the regulation must be
balanced against the degree to which a person’s rights are adversely affected.
Biklen v. Board of Education, 333 F. Supp. 902 (N.D.N.Y. 1971) aff’d 406 U.S.
951 (1972).

If there is an important objective being promoted by the requirement and the
restriction on religious freedom is reasonably adapted to achieving that
objective, the requirement should be upheld. Burgin v. Henderson, 536 F.2d 501
(2d. Cir. 1976). Based on the tests developed by the courts and the important
objective served, the regulation meets Constitutional standards. It does not
deny a driver his First Amendment rights.



Question 3: What are the physical qualification requirements for operating a CMV
in interstate commerce?

Guidance:

The physical qualification regulations for drivers in interstate commerce are
found at §391.41. Instructions to medical examiners performing physical
examinations of these drivers are found at §391.43. Interpretive guidelines are
distributed upon request.

The qualification standards cover 13 areas which directly relate to the driving
function. All but three of the standards require a judgement by the medical
examiner. A person’s qualification to drive is determined by a medical examiner
who is knowledgeable about the driver’s functions and whether a particular
condition would interfere with the driver’s ability to operate a CMV safely. In
the case of vision, hearing, and epilepsy, the current standards are absolute,
providing no discretion to the medical examiner.



Question 4: May the medical examiner restrict a driver’s duties?

Guidance:

No. The only conditions a medical examiner may impose upon a driver otherwise
qualified involve the use of corrective lenses or hearing aids, securement of a
waiver or limitation of driving to exempt intracity zones (see §391.43(g)). A
medical examiner who believes a driver has a condition not specified in §391.41
that would affect his ability to operate a CMV safely should refuse to sign the
examiner’s certificate.



Question 5: If an interstate driver tests positive for alcohol or controlled
substances under part 382, must the driver be medically re-examined and obtain a
new medical examiner’s certificate to drive again?

Guidance:

The driver is not required to be medically re-examined or to obtain a new
medical examiner’s certificate provided the driver is seen by an SAP who
evaluates the driver, does not make a clinical diagnosis of alcoholism, and
provides the driver with documentation allowing the driver to return to work.
However, if the SAP determines that alcoholism exists, the driver is not
qualified to drive a CMV in interstate commerce. The ultimate responsibility
rests with the motor carrier to ensure the driver is medically qualified and to
determine whether a new medical examination should be completed.



Question 6: Are drivers prohibited from using CB radios and earphones?

Guidance:

No. CB radios and earphones are not prohibited under the regulations, as long as
they do not distract the driver and the driver is capable of complying with
§391.41(b)(11).



Question 7: Is the use of coumadin, an anticoagulant, an automatic
disqualification for drivers operating CMVs in interstate commerce?

Guidance:

No. Although the FHWA 1987 "Conference on Cardiac Disorders and Commercial
Drivers" recommended that drivers who are taking anticoagulants not be allowed
to drive, the agency has not adopted a rule to that effect. The medical examiner
and treating specialist may, but are not required to, accept the Conference
recommendations. Therefore, the use of coumadin is not an automatic
disqualification, but a factor to be considered in determining the driver’s
physical qualification status.




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ABOUT FMCSA

 * Who We Are
 * Mission
 * Leadership
 * Field Offices
 * Policy
 * Budget
 * Careers
 * Contact Us


RESOURCES

 * Frequently Asked Questions
 * Registration FAQs
 * Grants
 * Resources for State and Local Partners
 * Reports to Congress


INFORMATION SYSTEMS

 * Overview
 * ITD
 * PRISM


VIEW REGULATIONS, RULES, & NOTICES

 * Regulations and Interpretations
 * Rulemaking Documents
 * Federal Register Notices


ENFORCEMENT

 * Adjudication Decisions
 * Civil Penalties
 * Uniform Fine Assessment


TOPICS

 * Medical
 * National Registry of Certified Medical Examiners
 * Exemptions
 * Petitions
 * Petitions for Reconsideration
 * Drug & Alcohol Testing
 * Hours of Service
 * ADA Guidelines for Over-the-Road Bus Companies
 * Cargo Securement


REGISTRATION

 * Getting Started
 * Update Your Registration
 * Get Authority to Operate
 * Get a USDOT Number
 * Get a Cargo Tank Number


COMMERCIAL DRIVER'S LICENSE

 * Licensing Overview and Resources
 * Military Driver Programs
 * Under 21 Military Pilot Program
 * State Resources

 * Passenger Carrier and Bus Safety
 * Our Roads, Our Safety
 * Household Goods - Protect Your Move
 * Report a Safety Violation
 * Company Safety Data
 * Certification

 * International Safety
 * Hazardous Materials Safety
 * Driver Safety
 * Carrier Safety
 * Bicyclist and Pedestrian Safety


ANALYSIS, RESEARCH, & TECHNOLOGY

 * Overview
 * Active Research Projects
 * Reports & Publications


DATA & STATISTICS

 * Safety Progress Report
 * Pocket Guide to Large Truck and Bus Statistics
 * Large Truck and Bus Crash Facts


NEWS

 * News Releases
 * Emergency Declarations
 * Events
 * Speeches
 * Testimony


CONNECT WITH US

 * FMCSA on Facebook
 * FMCSA on Twitter
 * DOT on YouTube

 * FAST Act
 * FAST Act Overview
 * Grants
 * Compliance, Safety, Accountability
 * Beyond Compliance
 * Veteran Drivers
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