[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR391.43]

[Page 336-346]
 
                        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.
    (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.

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    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.
    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

[[Page 338]]

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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