Reducing Risk & Errors

When an accident occurs, regardless of which driver is at fault, motor carriers are especially at risk if their driver is found to be medically unqualified to drive.**

Although Medical Examiners perform the driver medical examination and issue the driver’s medical certificate, 49 CFR establishes that it is the Motor Carrier’s responsibility for their drivers to be medically qualified to drive. If the Medical Examiner makes an error, the risk ultimately falls upon the Motor Carrier.

FMCSA medical standards, advisory criteria and guidelines should be used by Medical Examiners to determine a driver’s medical qualification status. The medical standards are based upon specific FMCSA regulation, however the guidelines are based on FMCSA health panels, many of which were held decades ago.

Although many panel recommendations were accepted, some were not, and others are outdated. The result is a large number of Medical Examiner errors.

For more information on common Medical Examiner errors, click on the “Complex Case Review” link.

**Associated Press article citing a motor carrier that paid $18 million following a lawsuit based on a driver that should have been disqualified from driving due to a medical condition.