Commercial Drivers Physicals Only to be Performed by Certified Medical Examiners

As of 2014 all new U.S. DOT physicals are required to be performed by health professionals who have qualified pursuant to stringent protocols and who are now listed on the “National Registry of Certified Medical Examiners”.  Mandatory U.S. DOT exams assess a driver’s condition to be able to competently and safely be behind the wheel of a commercial vehicle.   The exam includes assessing basic vision, hearing, muscle function, respiratory systems, and also assesses individuals for cardiovascular diseases or other health ailments that could affect the driver’s ability to operate such a vehicle.   Medical Examiners on the Registry are now required to maintain a certain level of competence and must attend periodic training sessions and go through a re-certification process.  If they fail to maintain these pursuant to Federal Standards, they will be removed from the National Registry.   It is critical when assessing a commercial driver’s competence/ability to operate commercial vehicles that their medical history and status of the medical certificate be assessed, and now with the new regulation the competency of the examiner is also critical.   Competency of the examiner is now based on training standards for these medical professionals who desire to perform commercial driver physicals.   Under the prevailing regulations, all Interstate commercial truck and bus drivers are required to undergo and pass a medical examination at least every two years in order to obtain/maintain a valid Medical Certificate, which in turn allows them to have an active commercial driver’s license.

As Secretary Anthony Fox of the U.S. DOT stated “safety is our highest priority and that every commercial truck and bus driver be qualified, alert and focused when they are behind the wheel”.

FMCSA Eliminates No-Defect DVIR Rule

Under the Federal Motor Carrier Safety Administration Regulations, commercial truckers are required to conduct pre- and post-trip inspections of their vehicles in order to identify and document safety defects and maintenance concerns.  Previously, truckers were required to complete Driver Vehicle Inspection Reports (“DVIRs”) documenting the results of their inspections.  Trucking companies were required to retain the DVIRs.

As of December 18, 2014, truckers are no longer required to complete DVIRs, if they do not find any problems with their vehicle.  Although eliminating no-defect DVIRs will reduce paperwork costs for the trucking industry, it will come at the expense of safety.  Both the National Transportation Safety Board and the Advocates for Highway and Auto Safety cautioned that eliminating DVIRs will have a negative impact on public safety.

Increasing Federal Minimum Insurance Requirements for Trucks and Buses Takes Another Step Forward

As you may have previously read on this blog, or seen elsewhere in the news, the Federal Motor Carrier Safety Administration (FMCSA) is currently considering new regulations that would raise the federal minimum insurance requirements for trucks and buses. Approximately 4,000 people die in truck crashes each year.  Studies have revealed that a fatal truck crash often costs over $4.3 million, but truckers are only required to maintain insurance policies of $750,000. This insurance requirement was set over 30 years ago and has never been adjusted. “Outdated insurance requirements allow trucking companies to skirt responsibility and leave injured motorists and taxpayers to pay the difference,” explained American Associate of Justice President Lisa Blue Baron.

Earlier this year, the FMCSA conducted its own study on the adequacy of the current minimum insurance requirements.  In its report to Congress, the FMCSA concluded that the costs of injuries and fatalities arising from crashes far exceed the minimum insurance levels interstate operators are required to carry.

Last week, in an Advanced Notice of Proposed Rule making (ANPRM), the FMCSA has presented 26 questions for comment, including inquiries related to adequate compensation for victims and the impacts of increasing the minimum levels of insurance. The initial comment period will end on February 26, 2015.  In hopes, the FMCSA will issue a proposed rule increasing the minimum insurance levels in the near future.

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