For the first time in seven years, physicians have reliable guidance they can use to help determine if commercial truck drivers are physically fit to operate their vehicles.
The Federal Motor Carrier Safety Administration on Tuesday published a draft of its new Medical Examiner’s Handbook (MEH). The handbook provides information on driver health requirements and guidelines used by medical examiners (MEs) listed on FMCSA’s National Registry of Certified Medical Examiners to interpret regulations on physical qualifications for commercial drivers.
An ME is licensed, certified, and/or registered in accordance with state laws and regulations to perform physical examinations and must also be knowledgeable of the physical and mental demands associated with operating a truck.
“Other health care professionals, such as treating providers and specialists, may provide additional medical information or consultation, but the ME ultimately decides whether the driver meets the physical qualification standards of FMCSA,” according to the agency.
FMCSA also emphasized that, unlike regulations, the recommendations and guidance in the handbook “do not have the force and effect of law and are not meant to bind MEs, drivers or the public in any way. Rather, such guidance itself is only advisory and not mandatory.”
FMCSA first posted the MEH on its website in 2008 but had to withdraw it in 2015 because some of the information was “obsolete or was prescriptive in nature,” according to FMCSA, and therefore MEs and training organizations were told not to consider the MEH as guidance to interpret federal regulations.
Potential for sleep apnea rulemaking
While federal regulations do not include specific requirements related to testing drivers for obstructive sleep apnea (OSA), “the big question is whether FMCSA will use [the MEH] as a potential launchpad for a formal rulemaking on OSA,” P. Sean Garney, co-director of Scopelitis Transportation Consulting, told FreightWaves.
To address the issue, FMCSA would have to go through a formal rulemaking process, Garney noted. In 2016, FMCSA and the Federal Railroad Administration (FRA) issued an advanced notice of proposed rulemaking on OSA, but the Trump administration withdrew the proposal in 2017. “The agencies believe that current safety programs and FRA’s rulemaking addressing fatigue risk management are the appropriate avenues to address OSA,” the agencies stated at the time.
Over the last decade, however, “there is a lot more data available on [OSA], and the industry’s take on the issue has evolved as well. The time could be right,” Garney said.
FMCSA addresses OSA in the handbook by providing a link to recommendations made in 2016 by the Medical Review Board, an advisory committee to the agency. It includes suggestions on risk factors, screening, testing and medical certification of drivers with OSA.
Comments on the draft handbook must be received on or before Sept. 30.
Charles
If existing laws were enforced the roads would be a whole lot safer . When you got trucks doing the speed limit attempting to drive safe and everyone around him is driving not 5 or 10 miles an hour over but closer to 20 mph over the speed limits that’s what makes for ugly outcomes
Nick
The only thing that needs to be regulated are companies that push drivers. The logging system needs to go back to paper logs and if a driver is tired he can stop and rest without loosing any of his time to drive. This is where the rule makers messed up. And all this medical card regulation stuff should be done with your personal physician not these fly by night doc in a box places with someone who knows nothing of you and you actual health.
D mall
You can stop anytime you want to sleep if you understood how. Be a professional and don’t just beg to cheat the system by falsified logs. It’s that mentality that results in ever more regulation
James
U need to make it easier for drivers to be chk for drug and alcohol past easier to log in. It is impossible at times and disqualified results often wrong cause u can’t log in in giv log. Very bad govt fact ..
Txn
My gosh of your the mouth of the new breed driver the industry is in trouble. Anyone with 10 years driving and a good driving record should be log exempt. Mature drivers know when to drive and when to sleep.
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Bruce nelson
Why don’t people quit picking on the truckers and let’s regulate the people that rents equipment and campers with a cdl also I understand problems but really discrimination against one type of industry I drove a truck for 45 yrs and all these so called schools don’t teach what it’s about as far as being courteous and professional.
Steve Valenta
This is a ridiculous rule.
Some of us techs have a CDL just to test drive a truck. We never should have needed a CDL in the first place. This will make it hard on a lot of techs.
Txn
The new breed never ceases to amaze me! Trucking was fun once upon a time. Most these new breed couldn’t do half the work we did.
Dave Butts
Been driving for 41 years and to this day have not met one truck driver that sleeps regularly or what you consider regularly. My record speaks for itself one accident and one citation in 41 years.
My problem is some pencil pusher trying to decide what is best for truck drivers yet no one asks a truck driver what would be in his best interest!!!
Philip Roeder
Every rule they make now is to push an agenda . Right now it’s whatever propagates the illusion of a driver shortage. Make it harder for drivers to retain their CDL so the ATA ( we know who’s running that org) can push the need for autonomous trucks. Autonomous trucks will be pushed through long before autonomous cars will be . There’s a bigger financial gain to be had with trucks ., Plus try taking a steering wheel out of the hands of people , good luck thank God I’m done within next 8 yrs