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is the property and proprietary interest of the

California Highway Patrol, to which protections

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On-road Enforcement of

Commercial Vehicle Driver

Medical Qualifications

Medical Qualification Issues

• Drivers of commercial vehicles are required

to be medically qualified. Federal Rules.

(391.1)(a)(1) FMCSR

– Class A license

– Class B license

– Class C license (with Hazardous Materials

endorsement)

Medical Qualification Issues (Continued)

In California:

• Drivers of commercial vehicles with a GVWR

of 26,000 pounds or less are not required to

be medically qualified unless:

• 12804.9(c) CVC

– Hazardous Materials

– Tank

– School Bus

– Passenger

– Driver Certificate

– or required by DMV


Other States: (FMCSR adopted)

• Drivers of commercial vehicles with a GVWR

between 10,000 and 26,000 pounds are

required to be medically qualified.


• Purpose is to reduce the collisions caused

by medically induced episodes.

• Save lives.

• Reduce traffic congestion caused by

collisions involving commercial vehicles.

Biggest Medical Issues

• Hypertension: job related stress/readiness.

• Type 2 diabetes: unhealthy diet/fast food.

• Cardiovascular disease: heart attack/stroke.

• Sleep apnea: falling asleep behind wheel.

California Vehicle Code (CVC) Section 1949

• The DMV shall not issue a chauffeur’s

license to any person that is:

– A habitual drunkard.

– Addicted to narcotic drugs.

– Insane, feeble-minded, an idiot, imbecile, or

epileptic.

Section 1949 CVC (Continued)

• The DMV shall not issue a chauffeur’s

license to any person that is:

– Unable to operate a vehicle safely because of

physical or mental defect or lack of skill.

– Unable to understand traffic signs or signals.

• Do they need one or have it in their possession?

– No.

• Do they need one if they go to another state?

– Not after 1/31/15, but some states still require it.

• Can they get one from DMV?

– No. Must carry their report or download a certificate from FMCSA website.

• Is info on DMV database reliable?

– Yes. Enforceable.

Medical Qualification Issues Intra-state:

• Do they need one? – Not after 1/31/15.

• Do they need to have it in their possession?

– Not after 1/31/15.

• Is information on DMV database reliable? – Yes.


Inter-state:

Common Roadside Issues

• DMV database indicates:

– “not valid for commercial operation, medical

examination required”

– Medical certification: expired

– Non-exempt intrastate

Common Roadside Issues (Continued)

DMV database indicates:

Not valid for commercial operation, medical examination required.

• Driver has not filed exam with DMV.

– Doesn’t matter if a copy of exam is with driver.

– Driver will be placed out of service.

– Cannot drive commercial vehicle.

– Citation issued.



Medical certification: expired

• Driver did not renew medical examination.


– Cannot drive commercial vehicle.




Non-exempt intrastate

• OK if load is intra-state.

• NOT OK if load is inter-state.


– Driver placed out of service.


• Commercial Driver License Information

System (CDLIS).

– May not show all relevant information.

– Drivers will be checked through National Law

Enforcement Telecommunications System

(NLETS).

Common CDL Restrictions (Continued)

Can be placed by:

• Your medical examiner.

• The DMV.



Restriction 48 (limited to vehicles without air

brakes when driving commercially)

– Violation will be documented on report.


– Citation Issued.



Restriction 67 (may not drive in interstate commerce)

• Determined by the load.






Restriction 64 (limited to vehicles with

automatic transmission)






Restriction 46 (must wear corrective lenses when driving commercially)

• Must wear when driving during inspection.






Restriction 06 (restricted to driving a vehicle

with additional right side mirror)






Restriction 38 (may not drive on

Saturday/Sunday and any holiday)




National Registry of Certified Medical Examiners

• Doctor conducting medical examination

must be listed on the national registry for

examination to be valid.

• This is a Federal requirement for inter-state

commerce.

National Registry of Certified Medical Examiners (Continued)

• Not a requirement for intra-state commerce

(California only).

• The origination/destination of the load

determines whether intrastate or interstate

commerce.


• California licensed drivers operating trucks

with a GVWR between 10,000 and 26,000

pounds traveling to another state.

• Other states may require a driver to be

medically qualified to operate those trucks.


• CHP recommends the drivers carry a copy of their examination paperwork on their person to prove medical qualification.

• No guarantee other states will accept the paperwork.

• No indication DMV will be adding medical qualifications to these sized trucks.

Driver Waivers

• If driver is engaged in interstate commerce:

– Carry FMCSA exemption letter with them.

– FMCSA determines the extent of the waiver.

Driver Waivers (Continued)

• If driver is engaged in intrastate commerce:

– Carry DMV waiver with them.

– DMV determines the extent of the waiver.

Driver Waivers (Continued)

• Some DMV issued waivers are not

applicable to interstate commerce.

• Be sure the driver is aware of the limits.

Common Delays

• Driver does not go to DMV immediately

after examination.

• If exam turned into employer, employer

delays sending to DMV.

• Driver drops off examination at DMV Kiosk,

which may delay entry onto driver record.

• Best solution:

– wait in line at DMV.

Driver Licenses

• Class C driver license towing limits.

– single vehicle 10,000 pounds or less.

– 5th wheel travel trailer less than 15,000 pounds.

• Towing vehicle weighing 4,000 pounds or more.

• Not for hire.

• Not for compensation.

• With endorsement.

Driver Licenses (Continued)

• Beginning January 1, 2014:

Class C Commercial DL


Commercial Vehicles – 15210 (b)(1) CVC:

Any vehicle requiring an endorsement per

15278 CVC, but must be under 26,000

pounds (actual weight or GVWR).


• A bus (w/passenger endorsement) under

26,000 pounds as determined by either

manufacturer’s GVWR or actual gross

weight.


Tank (as defined in Federal Guidelines).

Tank Vehicle Section 15210(r) CVC

A commercial motor vehicle designed to transport any liquid

or gaseous material within a tank or tanks having an

individual rated capacity of more than 119 gallons and an

aggregate rated capacity of at least 1,000 gallons that is

permanently or temporarily attached to the vehicle or the

chassis, including, but not limited to, cargo tanks and

portable tanks, as defined in Part 171 of Title 49 of the Code

of Federal Regulations. A commercial motor vehicle

transporting an empty storage container tank not designed

for transportation, with a rated capacity of at least 1,000

gallons that is temporarily attached to a flatbed trailer, is not

a tank vehicle.

Tank Vehicle

• Has a tank at least 1,000 gallons

Or

• Has multiple tanks

– Each over 119 gallons

– Aggregate rated capacity adds up to at least

1,000 gallons

Driver Licenses

Class C endorsements continued:

– Schoolbus.

– Hazmat (placards required).

Doubles endorsement will not be available on

Class C


• Problem:

– DMV not yet issuing Class C DLs with endorsement except HM.

– Unknown when available.

– Until then, drivers will still need a Class A or B to have required endorsements.


• Prior to January 1, 2014:

Class B – Section 12804.9(b)(2) CVC: – single vehicle with a manufacturer’s GVWR over 26,000

pounds.

– Three-axle vehicles weighing over 6,000 pounds.

– Any bus.

– Farm Labor Vehicle.

– Housecar over 40 feet in length.



Class B – Section 12804.9(b)(2) CVC:

– Any single vehicle with a manufacturer’s GVWR or Actual weight over 26,000 pounds.

– A bus with a manufacturer’s GVWR or actual weight over 26,000 pounds.


Example # 1:

• A two axle truck with manufacturer’s GVWR 25,995 pounds.

– On CHP scale weighs 26,000 pounds or less: Class C

– Loaded weighs over 26,000 pounds: Class B


Example # 2

• Two axle dump truck with missing Data Plate or label:

– On CHP scale weighs over 26,000 pounds.

Class B required


• Prior to January 1, 2014:

Class A-12804.9(b)(1) CVC:

– Any combination of vehicles where the towed

vehicle has a manufacturer’s GVWR over

10,000 pounds.



Class A-12804.9(b)(1) CVC:

– Any combination of vehicles where the towed

vehicle has a manufacturer’s GVWR or actual

weight over 10,000 pounds.


Example # 3:

– A vehicle towing a trailer with manufacturer’s GVWR 10,000 or less.

But….

– Loaded weighs over 10,000 pounds: Class A


Example # 4:

• Trailer with missing Data Plate or label:

– On CHP scale weighs over 10,000 pounds.

Class A required

CSA Points

(Compliance Safety Accountability)

• Medically unqualified drivers create 8 points

on Safety Measurement System.

– Title 49, CFR, Section 391.11 (b)(4) – per BASIC

table.

• Important to anticipate when exams will

expire.

CSA Points (Continued)

• Violations of CDL restrictions create 8 points

on Safety Measurement System.

– Title 49, CFR, Section 391.11 (b)(5) – per BASIC

table.

• Important to ensure both employer and

driver are aware of restrictions.


• Contact DMV for medical qualification

issues and/or restriction information.

• CHP enforcement based on DMV database

information.


• Depending on doctor examination….

– Some examinations are valid for:

• 2 years

• 1 year

• 6 months


• Employer can require an interstate driver to

undergo a new examination even when

current certification is valid.

– Injury

– Illness

– Title 49, CFR, Section 391.45

(interpretation # 3)


• For interstate driver records:

– Only copy of certificate required.

– No need to maintain copy of long form.

– Title 49, CFR, Section 391.51(7)(i)


• For intrastate driver records:

– Copy of DMV pull notice and copy of medical

certification required.

– Sections 1808.1(a) and 14606(c) of California

Vehicle Code.

COMMERCIAL INDUSTRY

EDUCATION PROGRAM

California Highway Patrol

Commercial Industry Education Program

• What is the Commercial Industry

Education Program (CIEP)?

– A free service to the commercial industry.

– Educate and inform.

– Instructors are liaisons to industry.

– CIEP is available statewide.

Commercial Industry Education Program (Continued)

Driver Safety

– Sharing the Road

– Deadly Distractions

– Driving Dangers

– Traffic Safety Tips

Questions???

Presented by the California Highway Patrol

Commercial Vehicle Section

Officer Jaime Nunez

[email protected]

(916) 843-3400

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