Mechanics and Medical cards

Discussion in 'Trucking Industry Regulations' started by 54kenworth, Nov 9, 2010.

  1. 54kenworth

    54kenworth Bobtail Member

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    Mar 13, 2010
    Ada, Oklahoma
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    Does any DOT officers know if a CDL holder, who is a mechanic, needs to have a valid medical certificate? I am in HSE and and not able to find this out. Management says no, since they are not driving it commercially. I say, if they are in a semi weighing over 26,000 ILBS, they should have card?
    Please respond asap.
    Thanks
     
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  3. dibstr

    dibstr Road Train Member

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    A Medical Examiners Certificate is required to operate a CMV with a GVWR in excess of 10,000 lbs. If you are operating a cmv, whether you are actually "driving it commercially" (Which you are if test driving for example) or not is irrelevant.

    Best regards
     
    Last edited: Nov 9, 2010
  4. Alleycat

    Alleycat Light Load Member

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    I would think so. You need a valid medical card before you get your CDL.
     
  5. buckeyetrucker1976

    buckeyetrucker1976 Bobtail Member

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    It all depends.....are you driving the truck on the road or just in and out of the shop? As far as I know if you never take the truck on the road you would not need a medical card........or a CDL.
     
  6. JohnP3

    JohnP3 Road Train Member

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    In Canada if you have a class 1, CDL then you are subject to a medical exam anytime they want you to give them one. I just renewed my licence and I had to pay I believe $28.00 medical processing fee. And when they send me a letter, if they do, I will have to pay for the medical also, usually $75.00.
    I am a licenced HD mechanic.
     
    Last edited: Nov 9, 2010
  7. outerspacehillbilly

    outerspacehillbilly "Instigator of the Legend"

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    If you have a CDL you are required to have a Medical Card. Not sure about all states but in Indiana you have to fax your physical form the the Bureau of Motor Vehicles every 2 years when you renew or they will suspend your license.
     
  8. dieselbear

    dieselbear Road Train Member

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    My first question is are you driving this on the road? and does the vehicle require a CDL?

    If so, then yes you need a medical card. Under Title 383, the CDL requirements there is an interpretation that deals with mechanics. It is:



    §383.3 Applicability.
    (a) The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States.
    (b) The exceptions contained in §390.3(f) of this subchapter do not apply to this part. The employers and drivers identified in §390.3(f) must comply with the requirements of this part, unless otherwise provided in this section.


    Question 2: Do mechanics, shop help, and other occasional drivers need a CDL if they are operating a CMV or if they only test drive a vehicle?

    Guidance: Yes, if the vehicle is operated or test-driven on a public highway.

    There are exemptions for a CDL which are:

    (c) Exception for certain military drivers. Each State must exempt from the requirements of this part individuals who operate CMVs for military purposes. This exception is applicable to active duty military personnel; members of the military reserves; member of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty U.S. Coast Guard personnel. This exception is not applicable to U.S. Reserve technicians.
    (d) Exception for farmers, firefighters, emergency response vehicle drivers; and drivers removing snow and ice. A State may, at its discretion, exempt individuals identified in paragraphs (d)(1), (d)(2), and (d)(3) of this section from the requirements of this part. The use of this waiver is limited to the driver’s home State unless there is a reciprocity agreement with adjoining States.
    (d)(1) Operators of a farm vehicle which is:
    (d)(1)(i) Controlled and operated by a farmer, including operation by employees or family members;
    (d)(1)(ii) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm;
    (d)(1)(iii) Not used in the operations of a common or contract motor carrier; and
    (d)(1)(iv) Used within 241 kilometers (150 miles) of the farmer’s farm.
    (d)(2) Firefighters and other persons who operate CMVs which are necessary to the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals and are not subject to normal traffic regulation. These vehicles include fire trucks, hook and ladder trucks, foam or water transport trucks, police SWAT team vehicles, ambulances, or other vehicles that are used in response to emergencies.
    (d)(3)(i) A driver, employed by an eligible unit of local government, operating a commercial motor vehicle within the boundaries of that unit for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting, if
    (d)(3)(i)(A) The properly licensed employee who ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle; or
    (d)(3)(i)(B) The employing governmental entity determines that a snow or ice emergency exists that requires additional assistance.
    (d)(3)(ii) This exemption shall not preempt State laws and regulations concerning the safe operation of commercial motor vehicles.

    If a CDL is required, then a medical certifcate is as well. Under Title 391, certain exemptions are listed and a mechanic is not one of the exemptions. Which are:

    §391.2 General exceptions.
    (a) Farm custom operation. The rules in this part do not apply to a driver who drives a commercial motor vehicle controlled and operated by a person engaged in custom-harvesting operations, if the commercial motor vehicle is used to—
    (a)(1) Transport farm machinery, supplies, or both, to or from a farm for custom-harvesting operations on a farm; or
    (a)(2) Transport custom-harvested crops to storage or market.
    (b) Apiarian industries. The rules in this part do not apply to a driver who is operating a commercial motor vehicle controlled and operated by a beekeeper engaged in the seasonal transportation of bees.
    (c) Certain farm vehicle drivers. The rules in this part do not apply to a farm vehicle driver except a farm vehicle driver who drives an articulated (combination) commercial motor vehicle as defined in §390.5. (For limited exemptions for farm vehicle drivers of articulated commercial motor vehicles see §391.67.)
     
  9. dieselbear

    dieselbear Road Train Member

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    Also the way I see it, if the vehicle does not require a CDL, in other words, 10,001 pounds to 26,000 lbs power unit you will need a medical certificate as well.
     
    Roadmedic Thanks this.
  10. dibstr

    dibstr Road Train Member

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    I believe there may be confusion even at the FMCSA.

    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.



    and the FAQ at


    http://www.fmcsa.dot.gov/rules-regulations/topics/medical/faqs.aspx?#question7

    State that in general "all CMV drivers driving in interstate commerce within the United States must obtain medical certification from a Medical Examiner" but in response to the question 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.
    If they operate a motor vehicle designed or used to transport more than 15 passengers (including the driver) in interstate commerce.
    If they operate a motor vehicle designed or used to transport between 9 and 15 passengers, for direct compensation, beyond 75 air miles from the driver's normal work-reporting location, in interstate commerce
    If they transport hazardous materials, in a quantity requiring placards, in interstate commerce.




    Best regards.
     
  11. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    To operate a CMV, you need a CDL. Your CDL is not valid unless you have a current medical card. And that's the truth.......
     
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