Commercial Driver Legislation Changes under FMCSA
The Federal Motor Carrier Safety Administration (FMCSA) has issued a rule change in the hopes of removing unfit commercial truck and bus drivers from the roadways. This change came after the release of a Government Accountability Office (GAO) report that found that 563,000 commercial drivers’ licenses (CDLs) had been issued to individuals who were eligible for full disability benefits (which typically would disqualify a person from holding a CDL).
Medical Certification Requirements as Part of Commercial Drivers License
The FMCSA amended the Federal Motor Carrier Safety Regulations (FMCSRs) to require interstate commercial drivers’ license holders, who are subject to the physical requirements of the FMCSRs, to provide a current original or copy of their medical examiner’s certificate(s) to their State Driver Licensing Agency (SDLA). The SDLA is then required to record the certification information made by the driver regarding his/her applicability to the Federal driver qualification rules onto the Commercial Driver License Information System (CDLIS). The certificate will outline that the driver is physically able to operate a commercial motor vehicle for interstate commerce purposes. As a result, the FMCSA hopes that accurate information about the CDL holder’s medical examiner’s certificate will be stored and readily available in the electronic CDLIS driver record maintained by the state. Finally, this new rule requires states to penalize CDL holders if they fail to provide required and up-to-date medical certification status information. The FMCSA’s final rule became effective January 30, 2009. States have until January 30, 2012 to modify their systems and processes to comply, and all CDL holders driving commercial vehicles in interstate commerce for transportation of passengers or property must be in compliance by January 30, 2014.
USDOT Requires Observed Urination Procedures for Certain Drug Tests
A U.S. Court of Appeals decision in May 2009 upheld a challenged Department of Transportation regulation that requires employees in safety-sensitive positions (such as driving) to submit to “observed” urination drug testing for all follow-up and return-to-duty drug tests. Previously, only transportation employees suspected of tampering with their urine samples were required to undergo direct observation testing. The regulatory changes were mandatory as of August 31, 2009.
For more information on these regulatory changes, visit FMCSA’s website at http://www.fmcsa.dot.gov.
**This Legislative Alert is a general summary of regulatory issues and does not constitute legal advice. Readers should contact legal counsel for legal advice.
