Medical Long Form

Discussion in 'Trucking Industry Regulations' started by Dottie, Dec 17, 2010.

  1. never late always behind

    never late always behind Light Load Member

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    YES YES YES always keep your long form and card with you. Sooner or later you will be asked for it. And yes there better be a copy of the green book in the cab. Truck driving schools teach a lot of bs that has nothing to do with reality. Weather or not if it's the law doesn't always matter. DOT and police are human and interpet the law through their own eyes like everyone else. Use your common sense better to have more than you need than not enough. Bottom line CYA.
     
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  3. Scalemaster

    Scalemaster Heavy Load Member

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    ??? Why do you need to carry the long form? Where is the regulation which requires it to be carried?

    391.43(h) shows the Medical Examiners Certificate form that is required to be on your person when opearating a CMV. (391.41(a)(1)(i) - "when on-duty has on his or her person the original, or a copy, of a current medical examiner's certificate")

    The Medical Certificate, or short form, shows date of expiration. Med cards are good for up to 2 years, but the doctor makes the determination of how long they are good for. The long form does not show date of expiration, only date of examination. Roadside the long form does not tell me what I need to know. Only the Medical Certificate.
     
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  4. Giggles the Original

    Giggles the Original Road Train Member

    but i guess since scalemaster IS THE DOT he wouldnt know anything, right?? wow you guys are amazing sometimes.....
     
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  5. CAXPT

    CAXPT Road Train Member

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    You might be required to carry your Long Form Medical with you. Circuitously.

    I believe the logic you're looking for is that the reason they seal them is two-fold:

    1.) So it becomes obvious if there is a slight of hand performed with the paperwork, by the Driver and
    2.) To protect the information from being viewed without breaking the seal and indicating it was tampered with.

    According to HIPAA, no this physician can not, without your consent divulge your medical history to your employer. If your employer is paying for the physical, the first thing you sign, is a waiver allowing them to view the information free from HIPAA violation. If you don't, the physical doesn't take place and your prospective or current employer can then terminate your services.http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html

    Now, many states require a long form, and maintain that stance, so you don't have a choice. Remember, the FMCSA regulations form a basis for minimum standards. Localities, if it doesn't go counter to Federal Rules can require more stringent requirements. That's why once you leave the Interstate, you're abiding by local rules and regulations and the FMCSA and DOT regulations reinforce this by requiring you to also obey state and local laws:

    - http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=392.2

    Here is just one state's take on that issue, West Virginia:

    -----http://www.transportation.wv.gov/dmv/Commercial/Pages/default.aspx

    In an effort to prevent newbie drivers from getting unnecessary tickets and points on their record, Mega Carriers, have the right to make their drivers carry their long form as evidenced by this regulation:

    ----http://www.fmcsa.dot.gov/rules-regu...sr/fmcsrruletext.aspx?reg=390.3&keyword=390.3

    On the question of whether the driver is required to give the company a copy of the Certificate versus the Medical Examination Report For Commercial Driver Fitness Determination (Long Form) the FMCSR Interpretation gives us this answer:

    ---- http://www.fmcsa.dot.gov/rules-regulations/topics/medical/faqs.aspx

    Notice the area emphasized here... "and supporting documents as required)", this points to even if you don't give them a copy, you're required to keep the supporting documents on you, to avoid getting the carrier and yourself points in those states that do enforce it.

    Good research there Condo Cruiser, your posting made me curious as I remember there was a Legal reason I was carrying it... You know us older guys, we forget more than some people know. :D

    It's just another couple of pieces of paper, carry it for peterbilt's sake. :D
     
    Last edited: Jul 11, 2012
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  6. CAXPT

    CAXPT Road Train Member

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    What's your point? I taught a DOT officer in Illinois how to test the tractor/trailer for the trailer external ABS light. No one knows everything, that's why it's a good idea to have a civil discussion, because crow, though nutritious, tastes like crap. :D
     
    Last edited: Jul 11, 2012
  7. Giggles the Original

    Giggles the Original Road Train Member



    what is the deal lately???? seems like all everyone wants to do is argue......i am NOT even gonna go there with you....
     
  8. not4hire

    not4hire Road Train Member

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    Everytime I see this debate, I am reminded of how much better I like our system up here (in Alberta). A current medical examination is integral to holding a Class 1 license... no medical, no Class 1. Simple (same with air brakes, and our Class 1 is the only license we hold, not a CDL in addition to an ordinary license as it is illegal to hold two licenses). Since a Class 1 must be renewed every two (2) years, then a medical exam must also be performed at the same time on a government prescribed form (which the employer has nothing to do with). However, once the license is issued, there is (ordinarily) no additional documentation required (there might be something required regarding certain special conditions and/or medications). Why don't more jurisdictions adopt this practise? Is there something I'm missing?

    Now, I will admit, the quality of said examination can vary widely, but I doubt that is any different anywhere you go.
     
  9. CAXPT

    CAXPT Road Train Member

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    They are moving in that direction not4hire, but consider that the rugged nature of the US gives states the right to regulate how they see fit, and federal law is a guiding post for things and areas that the Federal controls (interstate, commerce.. etc) but it doesn't get to completely over rule states rights. Arizona in the news recently showed how that works. The federal government is required to handle immigration, and Arizona has the right to help it...even if the federals aren't doing their job.... neither can take away the rights of the other. Period, and I wouldn't want it any other way.

    On interstate commerce and international, you may be meeting your country's requirement and the federal, but if you're not meeting the local, you might be able to be popped too, so...carry your long form with you. :D I'm not sure and I'm not about to go through the Canadian and Federal equivalents... I don't go there, but if I do, then I'll study that aspect. I already know about the 36 hour reset requirement so I'm happy here right now.

    The certificate can be forged/doctored or destroyed. The certificate has to be carried on the driver. How many times does a wallet get sweaty, wet, or gritty from working that basically can destroy it. With the long form, there is no doubt and it also carries the information of restrictions with it, which might disappear on a certificate. It only needs to be with a driver in their files or some such, not on their person as does the certificate.
     
    Last edited: Jul 11, 2012
  10. not4hire

    not4hire Road Train Member

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    Actually, in most respects things aren't much different here. While interprovincial transportation is subject to federal regulations (approved and adopted by the provinces), licensing and regulation is administered provincially. So, similar to the U.S., if we operate intraprovincially only, then it is only the rules of the particular province that we have to follow, and if we cross provincial borders then we (all drivers for that company) must follow the federal rules.

    The big difference, obviously, is there are no federal licensing requirements, it is all handled provincially.

    As far as the licensing goes, for an ordinary Class 1 license (all vehicles--excluding motorcycles--including air brakes) all we ever get is our one-part license... no medical forms, no air brake endorsement forms... nothing. Now, under "conditions/endorsements", my license has an "A" indicating that I require "adequate lenses", but that, like the other conditions/exemptions, is printed right on the license. I have had about a dozen inspections in the U.S. and never had a problem, although I think all of them were from state-level inspectors/police so they are likely well enough informed as to what is issued by my home province... or they didn't feel like asking :biggrin_25523:

    Our licenses are a hard card, like a credit card, with a number of security features such as micro-printing, holograms, etc., so they are very hard to forge/doctor or destroy.
     
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  11. ‘Olhand

    ‘Olhand Cantankerous Crusty

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    Another WOW post(maybe why I haven't paid much attention lately)
    As for the question--maybe I am just lucky but All I have ever carried--for over 35 years is my medical card--laminated and right behind my D/L in my billfold--no one has ever questioned it or asked for anything else
    Just my $.02
     
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