[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR391.43]



[Page 331-342]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 391_QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) 

DRIVER INSTRUCTORS--Table of Contents

 

           Subpart E_Physical Qualifications and Examinations

 

Sec. 391.43  Medical examination; certificate of physical examination.



    (a) Except as provided by paragraph (b) of this section, the medical 

examination shall be performed by a licensed medical examiner as defined 

in Sec. 390.5 of this subchapter.

    (b) A licensed optometrist may perform so much of the medical 

examination as pertains to visual acuity, field of vision, and the 

ability to recognize colors as specified in paragraph (10) of Sec. 

391.41(b).

    (c) Medical examiners shall:

    (1) Be knowledgeable of the specific physical and mental demands 

associated with operating a commercial motor vehicle and the 

requirements of this subpart, including the medical advisory criteria 

prepared by the FMCSA as guidelines to aid the medical examiner in 

making the qualification determination; and

    (2) Be proficient in the use of and use the medical protocols 

necessary to adequately perform the medical examination required by this 

section.

    (d) Any driver authorized to operate a commercial motor vehicle 

within an exempt intracity zone pursuant to Sec. 391.62 of this part 

shall furnish the examining medical examiner with a copy of the medical 

findings that led to the issuance of the first certificate of medical 

examination which allowed the driver to operate a commercial motor 

vehicle wholly within an exempt intracity zone.

    (e) Any driver operating under a limited exemption authorized by 

Sec. 391.64 shall furnish the medical examiner with a copy of the 

annual medical findings of the endocrinologist, ophthalmologist or 

optometrist, as required under that section. If the medical examiner 

finds the driver qualified under the limited exemption in Sec. 391.64, 

such fact shall be noted on the Medical Examiner's Certificate.



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    (f) The medical examination shall be performed, and its results 

shall be recorded, substantially in accordance with the following 

instructions and examination form. Existing forms may be used until 

current printed supplies are depleted or until September 30, 2004, 

whichever occurs first.



     Instructions for Performing and Recording Physical Examinations



    The medical examiner must be familiar with 49 CFR 391.41, Physical 

qualifications for drivers, and should review these instructions before 

performing the physical examination. Answer each question ``yes'' or 

``no'' and record numerical readings where indicated on the physical 

examination form.

    The medical examiner must be aware of the rigorous physical, mental, 

and emotional demands placed on the driver of a commercial motor 

vehicle. In the interest of public safety, the medical examiner is 

required to certify that the driver does not have any physical, mental, 

or organic condition that might affect the driver's ability to operate a 

commercial motor vehicle safely.

    General information. The purpose of this history and physical 

examination is to detect the presence of physical, mental, or organic 

conditions of such a character and extent as to affect the driver's 

ability to operate a commercial motor vehicle safely. The examination 

should be conducted carefully and should at least include all of the 

information requested in the following form. History of certain 

conditions may be cause for rejection. Indicate the need for further 

testing and/or require evaluation by a specialist. Conditions may be 

recorded which do not, because of their character or degree, indicate 

that certification of physical fitness should be denied. However, these 

conditions should be discussed with the driver and he/she should be 

advised to take the necessary steps to insure correction, particularly 

of those conditions which, if neglected, might affect the driver's 

ability to drive safely.

    General appearance and development. Note marked overweight. Note any 

postural defect, perceptible limp, tremor, or other conditions that 

might be caused by alcoholism, thyroid intoxication or other illnesses.

    Head-eyes. When other than the Snellen chart is used, the results of 

such test must be expressed in values comparable to the standard Snellen 

test. If the driver wears corrective lenses for driving, these should be 

worn while driver's visual acuity is being tested. If contact lenses are 

worn, there should be sufficient evidence of good tolerance of and 

adaptation to their use. Indicate the driver's need to wear corrective 

lenses to meet the vision standard on the Medical Examiner's Certificate 

by checking the box, ``Qualified only when wearing corrective lenses.'' 

In recording distance vision use 20 feet as normal. Report all vision as 

a fraction with 20 as the numerator and the smallest type read at 20 

feet as the denominator. Monocular drivers are not qualified to operate 

commercial motor vehicles in interstate commerce.

    Ears. Note evidence of any ear disease, symptoms of aural vertigo, 

or Meniere's Syndrome. When recording hearing, record distance from 

patient at which a forced whispered voice can first be heard. For the 

whispered voice test, the individual should be stationed at least 5 feet 

from the examiner with the ear being tested turned toward the examiner. 

The other ear is covered. Using the breath which remains after a normal 

expiration, the examiner whispers words or random numbers such as 66, 

18, 23, etc. The examiner should not use only sibilants (s-sounding test 

materials). The opposite ear should be tested in the same manner. If the 

individual fails the whispered voice test, the audiometric test should 

be administered. For the audiometric test, record decibel loss at 500 

Hz, 1,000 Hz, and 2,000 Hz. Average the decibel loss at 500 Hz, 1,000 Hz 

and 2,000 Hz and record as described on the form. If the individual 

fails the audiometric test and the whispered voice test has not been 

administered, the whispered voice test should be performed to determine 

if the standard applicable to that test can be met.

    Throat. Note any irremediable deformities likely to interfere with 

breathing or swallowing.

    Heart. Note murmurs and arrhythmias, and any history of an enlarged 

heart, congestive heart failure, or cardiovascular disease that is 

accompanied by syncope, dyspnea, or collapse. Indicate onset date, 

diagnosis, medication, and any current limitation. An electrocardiogram 

is required when findings so indicate.

    Blood pressure (BP). If a driver has hypertension and/or is being 

medicated for hypertension, he or she should be recertified more 

frequently. An individual diagnosed with Stage 1 hypertension (BP is 

140/90-159/99) may be certified for one year. At recertification, an 

individual with a BP equal to or less than 140/90 may be certified for 

one year; however, if his or her BP is greater than 140/90 but less than 

160/100, a one-time certificate for 3 months can be issued. An 

individual diagnosed with Stage 2 (BP is 160/100-179/109) should be 

treated and a one-time certificate for 3-month certification can be 

issued. Once the driver has reduced his or her BP to equal to or less 

than 140/90, he or she may be recertified annually thereafter. An 

individual diagnosed with Stage 3 hypertension (BP equal to or greater 

than 180/110) should not be certified until his or her BP is reduced to 

140/90 or less, and may be recertified every 6 months.



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    Lungs. Note abnormal chest wall expansion, respiratory rate, breath 

sounds including wheezes or alveolar rales, impaired respiratory 

function, dyspnea, or cyanosis. Abnormal finds on physical exam may 

require further testing such as pulmonary tests and/or x-ray of chest.

    Abdomen and Viscera. Note enlarged liver, enlarged spleen, abnormal 

masses, bruits, hernia, and significant abdominal wall muscle weakness 

and tenderness. If the diagnosis suggests that the condition might 

interfere with the control and safe operation of a commercial motor 

vehicle, further testing and evaluation is required.

    Genital-urinary and rectal examination. A urinalysis is required. 

Protein, blood or sugar in the urine may be an indication for further 

testing to rule out any underlying medical problems. Note hernias. A 

condition causing discomfort should be evaluated to determine the extent 

to which the condition might interfere with the control and safe 

operation of a commercial motor vehicle.

    Neurological. Note impaired equilibrium, coordination, or speech 

pattern; paresthesia; asymmetric deep tendon reflexes; sensory or 

positional abnormalities; abnormal patellar and Babinski's reflexes; 

ataxia. Abnormal neurological responses may be an indication for further 

testing to rule out an underlying medical condition. Any neurological 

condition should be evaluated for the nature and severity of the 

condition, the degree of limitation present, the likelihood of 

progressive limitation, and the potential for sudden incapacitation. In 

instances where the medical examiner has determined that more frequent 

monitoring of a condition is appropriate, a certificate for a shorter 

period should be issued.

    Spine, musculoskeletal. Previous surgery, deformities, limitation of 

motion, and tenderness should be noted. Findings may indicate additional 

testing and evaluation should be conducted.

    Extremities. Carefully examine upper and lower extremities and note 

any loss or impairment of leg, foot, toe, arm, hand, or finger. Note any 

deformities, atrophy, paralysis, partial paralysis, clubbing, edema, or 

hypotonia. If a hand or finger deformity exists, determine whether 

prehension and power grasp are sufficient to enable the driver to 

maintain steering wheel grip and to control other vehicle equipment 

during routine and emergency driving operations. If a foot or leg 

deformity exists, determine whether sufficient mobility and strength 

exist to enable the driver to operate pedals properly. In the case of 

any loss or impairment to an extremity which may interfere with the 

driver's ability to operate a commercial motor vehicle safely, the 

medical examiner should state on the medical certificate ``medically 

unqualified unless accompanied by a Skill Performance Evaluation 

Certificate.'' The driver must then apply to the Field Service Center of 

the FMCSA, for the State in which the driver has legal residence, for a 

Skill Performance Evaluation Certificate under Sec. 391.49.

    Laboratory and Other Testing. Other test(s) may be indicated based 

upon the medical history or findings of the physical examination.

    Diabetes. If insulin is necessary to control a diabetic driver's 

condition, the driver is not qualified to operate a commercial motor 

vehicle in interstate commerce. If mild diabetes is present and it is 

controlled by use of an oral hypoglycemic drug and/or diet and exercise, 

it should not be considered disqualifying. However, the driver must 

remain under adequate medical supervision.

    Upon completion of the examination, the medical examiner must date 

and sign the form, provide his/her full name, office address and 

telephone number. The completed medical examination form shall be 

retained on file at the office of the medical examiner.



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    (g) If the medical examiner finds that the person he/she examined is 

physically qualified to drive a commercial motor vehicle in accordance 

with Sec. 391.41(b), the medical examiner shall complete a certificate 

in the form prescribed in paragraph (h) of this section and furnish one 

copy to the person who was examined and one copy to the motor carrier 

that employs him/her.

    (h) The medical examiner's certificate shall be substantially in 

accordance with the following form. Existing forms may be used until 

current printed supplies are depleted or until November 6, 2001, 

whichever occurs first.



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[GRAPHIC] [TIFF OMITTED] TR05OC00.021





[35 FR 6460, Apr. 22, 1970, as amended at 68 FR 56199, Sept. 30, 2003]



    Editorial Note: For Federal Register citations affecting Sec. 

391.43, see the List of CFR Sections Affected, which appears in the 

Finding Aids section of the printed volume and on GPO Access.



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