Definitions and Regulations

Question 1

Define a commercial motor vehicle.

Answer 1

Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property.
-such a vehicle must weigh 10,001 pounds or more
-vehicle is used to transport more than eight people, including the driver, for compensation,
or
-vehicle transports more than 15 passengers, including the driver, but doesn’t have to do so for compensation, OR
-is used to transport hazardous materials

Question 2

________ regulates all interstate drivers and requires them to be medically certified.

Answer 2

FMCSA

Question 3

FMCSA does not regulate interstate commerce. However, under certain circumstances, it regulates interstate drivers-which ones?

Answer 3

FMCSA regulates intrastate drivers who operate a vehicle that is:
> 10,001 pounds
-transports 9 to 15 passengers, including the driver, for compensation
-transports 16 or more people, whether or not for compensation
-transports hazardous materials that require a placard

these drivers must meet FMCSA physical qualifications standards and participate in the federal drug and alcohol testing program

Question 4

Why are Mexican and Canadian drivers exempt from carrying a US medical certificate?

Answer 4

Driver medical criteria in Mexico and Canada meet or exceed FMCSA requirements

Question 5

What statute describes the responsibilities of a medical examiner?

Answer 5

49 CFR 391.43
responsibilities examining the driver, discussing side effects of drugs and medications that can affect driving ability, discussing effects of fatigue, lack of sleep, etc. on driver’s ability to drive, encouraging following primary care practitioner purpose, etc.

Question 6

What does statute 49 CFR 391.41 do?

Answer 6

This statute is Physical Qualifications For Drivers.
Describes physical qualifications for drivers. Review the instructions in this statute before doing the physical exam.

Question 7

What is the CFR?

Answer 7

CFR means Code Of Federal Regulations.
The CFR has a lot of different sections, including:
-391.41 physical qualifications for drivers

-391.43 describes responsibilities of the medical examiner, such as examining the driver, discussing side effects of drugs and medications that can affect driving ability, issuing certificate of physical examination, etc.

Question 8

What is statute 49 CFR 391.11?

Answer 8

This set of regulations describes motor carrier responsibilities. Motor carriers are the bus and truck companies.

Motor carriers must ensure that the drivers are at least 21 years old, speak/read English, and must keep the current medical examiner’s certificate on file.

Question 9

There are times that a driver may present with a physical exam form created by their employer, which is different from the federal exam form (the medical examiner’s certificate).

What should the medical examiner do if a driver fails the motor carrier’s preemployment exam but passes the federal exam?

Answer 9

1. Inform the motor carrier that the certification requirements were not met.
2. Don’t issue of medical examiner’s certificate, even if the federal requirements are met.
3. At the drivers expense, and using the medical examination report form, the medical examiner may re-examine the driver. If qualified, issued the driver a medical examiner’s certificate.

Again, do not certify a driver who doesn’t meet the motor carrier’s requirements, even if the driver meets the federal requirements.

Question 10

Standards are/aren’t legal requirements for interstate commercial vehicles, drivers, and motor carriers.

Answer 10

are

Question 11

What is 49 CFR 391.41?

Answer 11

-Describes physical qualifications for drivers includes 13 medical standards; nine are discretionary, but four are non-discretionary

-describes the standard a driver must meet in order to be considered to be medically fit for duty

Question 12

Regarding regulation 49 CFR 391.41, which standards are nondiscretionary?

Answer 12

There are four that are nondiscretionary-vision, hearing, epilepsy, diabetes mellitus

-if the driver fails the vision or hearing tests, they cannot receive certification

-the driver has a diagnosis of epilepsy, they can’t receive certification

-if the driver has uncontrolled diabetes mellitus, they can’t be certified

Drivers who are certified must carry a medical examiner’s certificate.

Question 13

Regarding regulation 49 CFR 391.41, which standards are discretionary?

Answer 13

There are nine that are discretionary; medical examiner determines if the driver is compromised with regards to the standards:
-loss of limb
-limit impairment
-cardiovascular condition
-respiratory dysfunction
-hypertension
-rheumatic, arthritic, orthopedic, muscular
-mental disorders
-drug use
-alcoholism