On Friday, May 10th, the FMCSA issued a Notice of Proposed Rulemaking that would change the form that medical examiners use when performing DOT physical exams and require the medical examiners to report the results of the completed physicals to the FMCSA by the end of that day.
The new rule would also require that the FMCSA transmit all medical information electronically to state driver’s license agencies immediately upon receipt from the medical examiner. In one way, this is beneficial since it would mean that drivers would no longer have to give their medical certificates or documents to the state licensing agencies. Fleets would also no longer have to verify the National Registry Number of the FMCSA approved medical examiner.
The downside is that since the medical information is transmitted almost instantaneously, if a driver is failed for whatever reason they will be immediately placed out of service regardless of where they are in the country, what they’re hauling, or where they’re going. This could potentially leave drivers stranded without a way to transport their goods until another driver can either take over their rig or unload and reload their freight. If the load being hauled is time sensitive, the carrier could be held responsible for the total cost of the freight lost. This could be a huge expense for any fleet, but nearly insurmountable for small fleets or owner operators.
This new rule comes on the heels of the older rule created by the FMCSA last year that established a National Registry of Certified Medical Examiners and mandated that all commercial truck drivers must get their medical certification from an FMCSA approved examiner.
According to the FMCSA, the new rule will go into effect three years after it gets finalized.
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Source: overdrive
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Mark says
Right now in VA. we just go to DMV and fill out a form and show our med card. If the Dr. sends the info over, who sees it? What about Dr./patient confidentiality? Big Brother is watching!
Welcome to Amerika!
Trucker Docs says
Well Mark, right now no one sees it but the data input person and all they have is your paperwork that you filled out and a copy of your medical certificate. But when the new laws go into effect, it will be viewed by FMCSA, and your local DMV office. From what I have been able to gleen so far is the whole Dr / patient confidentially issue and HIPPA, is that it applies to everyone, except the government. And they want the doctors and their staff to input that information to the FMCSA at the end of each working day. All of this will also drive the cost of your DOT physicals up too. But they say it’s all for the betterment of our industry, they say. Who is THEY?
S Anderson says
Great point Trucker Docs, about Hippa laws not applying to Uncle Sam. And the cost of the physical going up more.
Mike V says
I’m having a hard time seeing a major issue here. If a driver is medically unfit/unsafe to drive, they shouldn’t be finishing the load they are on, no matter when the data is sent to the state/FMCSA.
Blaine says
If you are on a CPAP machine and don’t have a download for the doctor, they could deny your certificate even though you may have been using it religiously.
Allen says
Your ASSSSUUUUMMMING that the office is competent and the people actually care. Add to that the number of times records get mixed up. Imagine an office that does 20-50 exams a day. How do they ensure the records stay aligned with the patient?
Now the biggest problem. When was the last time some apathetic, bumbling bureaucrat, did something correct. Worse yet, even cared if it was correct. These people don’t get paid for “job performance” or going the “extra mile”. They keep their jobs, get their annual raise, enjoy their paid holidays, and keep their retirement by just showing up for work and putting a minimal effort in for the day (or at least pretend they’re doing their job.) There isn’t ONE government program that isn’t a case study for fraud, waste, abuse, and incompetence.
The technology implementation is beyond the government. When was the last time you went to a port and had a reader (not a person) actually read your TWIC card. This was suppose to be in place years ago, but excuse me, the readers malfunctioned when they got wet! Unless you’re at an inland port you’d expect them to get wet. Two months ago I finally went to a port that a reader actually read my TWIC card, but it wasn’t raining.
You’ll see the major issue when the process screws up your medical records with the incorrect information from another person’s records and they declare you unfit to drive. You’ll loose at least 1-3 months of pay trying to get the mess corrected, probably have to hire a lawyer, and pay for two or three more exams before they’re convinced you’re okay and it was a mix up somewhere. Of course they’ll never admit it, they’ll just put you on probation for a year or two and see if your “condition” reoccurs.
Let’s see:
Hours of Service
CSA
Hours of Service Again
Electronic Logs
TWIC Cards
Medical Cards and Records
….
Does anyone see a pattern???
THIS IS A CHOCOLATE COVER TURD!! IT HAS LOTS OF CHOCOLATE TO COVER WHAT’S INSIDE.
Russ says
It’s not always the driver who is unfit or fit to drive.
I think this whole medical card is a money scam.
Why is it only cdl drivers who are required to do the dots every two years. While no other job source does not do them? It’s my opinion that right to have it done. It causes to many issues and down time.
Drivers know when something is wrong they don’t need dot examiners saying other wise.
Robert says
Actually pilots have to be medically certified or they are grounded. I know because a friend of mine is a certified flight instructor. They also have hos just like truckers. It’s actually more strict.
JR says
CPAP machine?? No card download?? No DOT MEDICAL….(its already happening!!!) ITS A FACT.
shadowdancer says
30 odd years ago we were supposed to have magnetic strips down the highway to let these trucks drive themselves. Withthe lack of recruits and the elimination of so many drivers, they better get that ball rolling to keep things moving. Oh, wait! That would mean a drop in revenue for the local gestapo/cops! Hmmm, what to do…
Robert says
That’s why automatics are making their way into trucking. No longer will trainers have to teach shifting. In addition, Freightliner unveiled the auto drive truck. Pretty impressive, already making deliveries. But a CDL driver has to be in the truck to takeover if the technology malfunctions. Just like airplanes, pilots are there to takeoff, land and takeover if technology fails.
shut down says
So if we fail a d.o.t physical do we go to the head of the line to get SSi and disability? lol
Janice says
I agree with you, do we get ssi or disability or are we going to have to fight for it too
Dan M says
Well, here we go again. The FMCSA spouting off about how yet another rule is needed. Sure, I suppose in the eyes of FMCSA, there can never be enough rules.
Another rule and who’s going to pay for this extra cost? You got it, the truck mills will make sure the driver pays for a failed test. It will be part of their working agreement where the driver will have to accept in advance. Also, if the driver does have a medical problem that may require treatment of some sort, understand well because a failed test means instantly”no work”. It also means no medical coverage for when a driver is forced into termination. No loss for the truck mill, they just hire another rookie from the internet recruiting outfit. (Dime a dozen, always another rookie driver to take your place). It’s funny to hire on these characters who I just recruit in one door and most are walking out the back door at an astounding rate.
Lunch break is over, time to go back to my truck mill job where I can recruit another one who things truck driving is good. Funny thing, rarely does any of these drivers stay longer than a couple years. My job does pay well, so I hire them on where I eagerly collect my nice salary and commission. Of course I can’t say these things to the driver that wants to work here, because then they might not want to work for us and I would not make big bucks. So, I just collect my paychecks and amusingly enjoy the show.
Michael Gambino says
It’s Time to either shut down or get out of the business ! There isn’t a day that the companies or a government entity isn’t violating your rights or flat out stealing from you.
tgtrotter says
HIPPA ? What about the FMCSA suggesting Troopers during a stop call your Drs. office to verify your Med card ? Hell I can’t even call my wifes Dr. or our own Insurance Company without her ‘auth’.
Was the Med card issue not fixed in the late 90s ?
FMCSA would do better checking Green Cards and State DMVs.
Yes, time for a shutdown. If there are any intelligent Drivers to do so. Seems the way of the Independent is a thing of the past. Do not get offended, get smart.
I’m shutting down first of the year. Starting with California. Too much Government B.S.
THEY WORK FOR US. NOT VICE VERSA !
H Varney says
Sorry fellows ,I seen this coming in 2010 when the whole sleep apnea B.S. started. I went out on disability Social Security then due to a number of medical problems. Took about 6 months to get it started with help from my Congressman. I think all of you should start applying now so the Mexicans can have jobs. That’s what they want anyway.
Sam says
The rules, regulations and governance for trucking is getting as stringent as the Airlines yet drivers earn less than half what an airline pilot earns. It’s time that we become better compensated for all this extra scrutinization and regulation. This latest Medical Card debacle is a prime example of a good idea creating a negative impact on the industry.
Terry Dallman says
Im 54 years old and in my 2nd week of truck driving school in central MN. Things are going well but I’m beginning to have some concerns about finding employment because of my driving record. My record is spotless for the past 18 years, there are 3 DUI’ on my record before that dating back to 1985. I have heard recruiters talk about one DUI within the past 10 years or one over 10 years ago that might be acceptable but some require trips in to Canada. I haven’t applied to any major companies yet but would like to start doing that soon, before I finish school the 3rd week in June. Any advice or comments on how I should proceed or what I should expect to be faced with would be greatly appreciated. I do have an excellent work history as a transmission rebuilder, business owner with a safety background in the past 18 years.
Samuel Barradas says
If it all happened over 18 years ago then there are a lot of trucking companies who will disregard it, though some of the major carriers might not. The best thing to do is apply everywhere and see who accepts you. If you’re upfront with your history and don’t attempt to hide anything then the worst they can tell you is “no, we won’t hire you.”
john ellis says
Hi i was wwandring is it illegal to strand a driver that is independent. and a company driver is it legal for the owner to leave me at a shop were the truck is getting worked on