§391.45 — Persons who must be medically examined and certified The following persons must be medically examined and certified in accordance with §391.43 as physically qualified to operate a commercial motor vehicle:
(a) Any person who has not been medically examined and certified as physically qualified to operate a commercial motor vehicle; |
(b) Any driver who has not been medically examined and certified as qualified to operate a commercial motor vehicle during the preceding 24 months, unless the driver is required to be examined and certified in accordance with paragraph (c), (d), (e), (f), or (g) of this section; |
(c) Any driver authorized to operate a commercial motor vehicle only within an exempt intracity zone pursuant to §391.62, if such driver has not been medically examined and certified as qualified to drive in such zone during the preceding 12 months; |
(e) Any driver who has diabetes mellitus treated with insulin for control and who has obtained a medical examiner's certificate under the standards in §391.46, if such driver's most recent medical examination and certification as qualified to drive did not occur during the preceding 12 months; |
(f) Any driver whose ability to perform his or her normal duties has been impaired by a physical or mental injury or disease; and |
(g) On or after June 23, 2025, any person found by a medical examiner not to be physically qualified to operate a commercial motor vehicle under the provisions of paragraph (g)(3) of §391.43. |
[83 FR 47520, Sept. 19, 2018]
§391.45 — DOT Regulatory Guidance
Question 1: Is it intended that the words "person" and "driver" be used interchangeably in §391.45? Guidance: Yes.
Question 2: Do the FMCSRs require applicants, possessing a current medical certificate, to undergo a new physical examination as a condition of employment? Guidance: No. However, if a motor carrier accepts such a currently valid certificate from a driver subject to part 382, the driver is subject to additional controlled substance testing requirements unless otherwise excepted in subpart H.
Question 3: Must a driver who is returning from an illness or injury undergo a medical examination even if his current medical certificate has not expired? Guidance: The FMCSRs do not require an examination in this case unless the injury or illness has impaired the driver's ability to perform his/her normal duties. However, the motor carrier may require a driver returning from any illness or injury to take a physical examination. But, in either case, the motor carrier has the obligation to determine if an injury or illness renders the driver medically unqualified.