Quick Medical Question

It appears the previous three replies read as a Trifecta.

 

Subpart E - Physical qualifications and examinations

§ 391.41Physical qualifications for drivers.(a)(1)(i) A person subject to this part must not operate a commercial motor vehicle unless he or she is medically certified as physically qualified to do so, and, except as provided in paragraph (a)(2) of this section, when on-duty has on his or her person the original, or a copy, of a current medical examiner's certificate that he or she is physically qualified to drive a commercial motor vehicle.

Bold and underline added for emphasis.

 

Read that rule a little further. There are exceptions. 383.71 Driver Application Procedures.

Prior to Jan 30, 2012, permit drivers not in interstate, no medical certificate. After Jan 30, 2012, yes, medical certificate.

But state laws can add on their own deal on top of federal regulations. From what I read, OK requires all to have a medical certificate prior to permit.

12345, he never said he had a permit. Strictly hypothetical question.

 

Condo,
I agree with everything you posted and you have taken the discussion to the next level.

We are dealing with a couple of different issues here.
1. Interstate vs. Intrastate operation
2. CDL/permit application vs. operation of a commercial motor vehicle

Would you agree if I were to elaborate upon your post as follows?

Pursuant to Part 383 (which has applicability to interstate and intrastate operation and places requirements upon the states)

"Prior to Jan 30, 2012, permit drivers not in interstate, no medical certificate" required upon application

"After Jan 30, 2012, yes, medical certificate" required upon application

This being said with the understanding that some states are already in compliance with what will be required in all states after 1/30/2012.

With regard to operation of a CMV (with a learners permit) a medical certificate would be required by 391.41 if engaged in interstate commerce and would be determined by individual state statue if strictly intrastate.

 

*the light comes on*

When I was in the academy, I was not required to have a medical card, despite the fact I was operating a CMV on public roadways. I did not get a medical card until after I got my license and during orientation. I was wizz quizzed by Swift and that was it.

But the combinations we were driving, despite crossing state lines, were not involved in commerce at all. Each trailer contained about 15K pounds of ballast.

So, since we were not hauling anything for pay, we were not engaged in interstate commerce, we were legal.

 

I believe the OP was asking if he needed a medical card WHILE driving a CMV.

 

I am not sure why the reply's are talking about state requirements. The answer can be found in the Federal book § 391.41Physical qualifications for drivers.


(a)(1)(i) A person subject to this part must not operate a commercial motor vehicle unless he or she is medically certified as physically qualified to do so, and, except as provided in paragraph (a)(2) of this section, when on-duty has on his or her person the original, or a copy, of a current medical examiner's certificate that he or she is physically qualified to drive a commercial motor vehicle.

 

As an example MA requires a medical certificate to obtain a learners permit but MS does not at this time (but will shortly). If a Mississippi learners permit holder were to drive (With a licensed driver) to any other state, he would need a Medical Certificate.

 

Most state laws mirror the federal laws. This is done for simplicity sake. In order for states to get MCSAP funds from the feds they must certify to the local FMCSA office each year their laws are in compliance. So most states just use the federal book and mirror it. In this case I seriously doubt any state will allow you to drive a CMV without a medical card even if it's just intrastate. So again It's always best to just go by the federal book.

 

I am not privy to Mississippi law, but I would bet that while you may be able to get a permit without a card, you will still need a card to drive intrastate in Mississippi.