Mechanics and Medical cards

No you do not. Your CDL is still valid, you are in violation of not having a medical certificate. There "could" be a violation of not being qualified under 391.11, but that is most of the time a strectch. The only way that would come into play would be previous history of not able to obtain a medical certificate and that sometimes can be a hard point to prove. If you don't have a medical certificate, it is a cite under 391.41. The other confusing part is there is two (2) definitions relating to CMV's. One deals specifically with licensing. The other with general commerical vehicle requirements. I know this can confuse the heck out of most but here they are:
From Part 390.5 which details all commerical motor vehicle's:

390.5

Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle— (1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter a

Part 390 lays out who needs Carrier name and US DOT numbers. Why do you think the little service trucks F-350, F450, F550 all have US DOT numbers? I get landscapers with three mowers on a trailer behind a F-150. They need everything atractor trailer driver does, EXCEPT a CDL.

Now this definitions comes from Part 383.5, Part 383 deals with Commercial Driver's Licenses:


Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle— (a) Has a gross combination weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or
(b) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 pounds or more); or
(c) Is designed to transport 16 or more passengers, including the driver; or
(d) Is of any size and is used in the transportation of hazardous materials as defined in this section.

383 deals specifically with which vehicles or combination of vehicles requires a CDL. This is where so much confusion from the general public comes from. I agree that it can be confusing, but they are like comparing apples and oranges. They are two seperate things.

 

You are correct. There are many operators who try to keep below IFTA and have no cdl and get caught with no medical card.

 

With the cost of a DOT Physical no more than it is I would think that your Mechanic should get it. If he is concerned about not passing it perhaps he has some medical/physical condition he/you are concerned about. The physical may turn up something he is not aware of. I suggest he should have it.

 

A little off topic... but I just heard a 'rumor' via state police.... medical cards will soon to be required for larger sized RV's at least in Minnesota.

Hmm? No more geriatrics barreling down the interstate at 45MPH???

 

They will come back valid. Cali. does show a medical valid or not.

 

I had four driver's today with expired medicals, no big deal it is a violation, but that was it.

 

And could the fact that 391.41 (Physical qualifications for drivers.) frequently references 383 add to this confusion since the FMCSA obviously does not know that 383 deals specifically with which vehicles or combination of vehicles require a CDL?

Best regards

 

FMCSA knows where it came from. Truck stop lawyers is what adds to the confusion. Radio rambo's and the like. If your going to look at individual regs like 391.41, go back and look at 391.1, Scope of the rules of this part, 391.2 exceptions and 391.11 Qualifications. Each Part, whether it be 383, 390, 391, 395 etc will have scope of the rules and exceptions. This is what most people get confused. The are regulations written by lawyers and regulatory folks, not common everyday folks like us. Unless you are familiar with the numerous legal terms, it can become confusing. If they had the FMCSR's for Dummies like they have in numerous other topics, us "normal" folks would understand it better.

 

I would certainly hope so, but when the following question is asked and is answered as below, I just do not see how their answer can be reconciled with some of the answers or comments in this thread.

Are CMV drivers who operate in interstate commerce required to have a medical certificate? states that Drivers are required to have a DOT Medical Certificate:
If they operate a motor vehicle with a gross vehicle weight rating (GVWR), gross combination weight rating (GCWR), gross vehicle weight (GCW), or gross combination weight (GCW) of 4,536 (Which is 10,001 lbs) kilograms or more in interstate commerce.

I can't argue with that, but at the same time if the FMCA sometimes doesn't seem to be on the same page with itself, so it sometimes appears there is little hope of the rest of us knowing which page to be on or when. The good news is that from what I have seen is that state enforcement personnel generally appear understanding if not lenient when it appears a driver either genuinely misunderstands or doesn't know but wants to.

While that is basically correct, each section does not have it's own definitions, they reference another section. Then there are answers such as the one above that do mirror a particular definition, and its not acceptable?

That's not a bad idea, it could be written by us dummies for dummies.

Best regards