Ensure that the driver signs and dates the Medical Examination Report form. By signing the form, the driver certifies that the information and history are complete and true. The driver signature also acknowledges that providing inaccurate or false information or omitting information could invalidate the medical examiners certificate. A civil penalty MAY be levied under 49 U.S.C. 521(b)(2)(b) against the driver who provides a false or intentionally incomplete medical history. Everything above the driver signature should be completed by the driver.
The words shall and may in general acts of legislature or in private constitutions, are to be construed imperatively. That is to say they absolutely will levy a civil penalty.
may v. a choice to act or not, or a promise of a possibility, as distinguished from "shall" which makes it imperative. 2) in statutes, and sometimes in contracts, the word "may" must be read in context to determine if it means an act is optional or mandatory, for it may be an imperative.
The word MAY isn't definitive as to what action will be taken besides invalidating your license.
This is my question. Depending on the circumstance (accident, audit, injury, applying for insurance) under which the (DOT or FMCSA or trucking company) discover you provided inaccurate information, will they decide to only revoke your license or to also pursue a civil penalty as well? Would certain circumstances constitute a lesser penalty or is it all the same to them?
For those on this forum encouraging drivers to not volunteer information to the doctor that may disqualify the driver. You are encouraging drivers to incur a civil penalty. Even though it is past history about medications that you took and are no longer taking or mental conditions that the driver was misdiagnosed with or is in full remission of.
If they will eventually have all our medical records in a national medical records database then they will know anyways so why bother lying? So you can screw your live up and pay dearly for it?
And what if you do update your history when you do go to get your dot physical? If you include stuff that should have been on the older dot card because the date of the diagnoses or surgery, etc, do they have the legal capability give you a civil penalty even though the old card isn't valid anymore? Even though your trying to be truthful in an effort to avoid future problems. They will have your long form on record so they could compare the dates and see you should have mentioned it on the older DOT physical.
Reporting of this information would be accomplished, by completing a CMV Driver Medical Examination Results Form, MCSA-5850, via their individual password-protected National Registry web account. For holders of CDLs and CLPs, FMCSA also proposes to electronically transmit driver identification, examination results, and restriction information from the National Registry system to the State Driver Licensing Agencies (SDLAs). This includes those that have been voided by FMCSA because it finds that an ME has certified a driver who does not meet the physical certification standards.
FMCSA has authority under 49 U.S.C. 31133(a)cool: and 31149(c)(1)(E) to require MEs on the National Registry to record and retain the results of the physical examinations of CMV drivers and to require frequent reporting of the information contained on all of the MECs they issue. Section 31133(a)
Very important Medical Records question.......Will they or not? when will they?
Discussion in 'Questions From New Drivers' started by Gettingitover, Sep 9, 2013.
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