49 C.F.R. § 391.45

Persons who must be medically examined and certified

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The following persons must be medically examined and certified in accordance with § 391.43 as physically qualified to operate a commercial motor vehicle:

(a) Any person who has not been medically examined and certified as physically qualified to operate a commercial motor vehicle;

(b) Any driver who has not been medically examined and certified as qualified to operate a commercial motor vehicle during the preceding 24 months, unless the driver is required to be examined and certified in accordance with paragraph (c), (d), (e), (f), (g), or (h) of this section;

(c) Any driver authorized to operate a commercial motor vehicle only within an exempt intracity zone pursuant to § 391.62, if such driver has not been medically examined and certified as qualified to drive in such zone during the preceding 12 months;

(d) [Reserved]

(e) Any driver who has diabetes mellitus treated with insulin for control and who has obtained a medical examiner's certificate under the standards in § 391.46, if such driver's most recent medical examination and certification as qualified to drive did not occur during the preceding 12 months;

(f) Any driver who does not satisfy, with the worse eye, either the distant visual acuity standard with corrective lenses or the field of vision standard, or both, in § 391.41(b)(10)(i) and who has obtained a medical examiner's certificate under the standards in § 391.44, if such driver's most recent medical examination and certification as qualified to drive did not occur during the preceding 12 months;

(g) Any driver whose ability to perform his or her normal duties has been impaired by a physical or mental injury or disease; and

(h) On or after June 23, 2025, any person found by a medical examiner not to be physically qualified to operate a commercial motor vehicle under the provisions of paragraph (g)(3) of § 391.43.

[83 FR 47520, Sept. 19, 2018, as amended at 86 FR 32651, June 22, 2021; 87 FR 3419, Jan. 21, 2022; 88 FR 80192, Nov. 17, 2023; 89 FR 90623, Nov. 18, 2024]

Notes of Decisions

Cited in 23 cases (5 in the last 5 years), 1990–2024 · leading case: Brian Hejda v. Bell Container Corporation

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Brian Hejda v. Bell Container Corporation (2017) njsuperctappdiv · cites it 3× “On February 20, 2013, Bell sent a letter to the union explaining that before Hejda could return to work, he had to be recertified pursuant to the Department of Transportation (DOT) 4 A-3502-14T1 Federal Motor Carrier Safety Regulation, 49 C.F.R. § 391.45 (c). That regulation…”

Jeff Knutson v. Schwan's Home Service, Inc. (2013) ca8 · cites it 2× “” 49 C.F.R. § 391.45 . In December, an eye doctor refused to give Knutson an MEC or a waiver.”

State v. Orueta (2007) or · cites it 2× “040(1)(g) (requiring that applicant meet medical requirements prescribed by rule); OAR XXX-XXX-XXXX(1) (adopting federal medical examination and certification requirements for CDL applicants); 49 CFR § 391.45 (b)(1) (requiring medical examination and certification every 24…”

Estate of Szleszinski v. Labor & Industry Review Commission (2007) wis · cites it 2× “" 49 C.F.R. § 391.45 (b)(1) and (c). A driver carrying an otherwise valid medical examination certification may not drive if he or she becomes physically unqualified to do so.”

Kube v. New Penn Motor Express, Inc. (1994) njd “49 C.F.R. § 391.45 (b)(1), (c). Defendant argues that plaintiffs state law claims are pre-empted because a determination of those claims would directly conflict with defendant’s obligations under the federal regulations.”

Cooley v. East Tennessee Human Resource Agency, Inc. (2017) tned “- 49 C.F.R. § 391.45 (c). The exam must be performed by someone on the U.”

Diaz Rivera v. Browning-Ferris Industries of Puerto Rico, Inc. (2009) prd “In this regard, 49 CFR § 391.45 reads: Except as provided in § 391.”

Cooke v. C. Bean Transport, Inc. (2003) ca10 “49 C.F.R. § 391.45 . While, under the FMLA, a fitness-for-duty certification “need only be a simple statement of an employee’s ability to return to work,” employers may, in compliance with regulations issued by the DOT, impose more stringent requirements on certification of…”

American Trucking Ass'n, Inc. v. United States Department of Transportation (1999) cadc “An example is 49 CFR § 391.45 (b), which prohibits carriers from using a driver who has not been medically examined and certified during the past 24 months.”

Yellow Freight System, Inc. v. Amestoy (1990) vtd “49 C.F.R. § 391.45 (b). If, at any time, a driver is no longer qualified to operate a motor vehicle, he is not permitted to continue driving.”

Equal Employment Opportunity Commission v. Allied Systems, Inc. (1999) nynd “See 49 C.F.R. § 391.45 (b)(1). In April 1991, Eissing went to Dr.”

Collins v. Saia Motor Freight Lines, Inc. (2005) ca5 “Under 49 CFR § 391.45 , that all DOT-certified drivers must be medically examined and certified in accordance with § 391.”

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