By now, all 50 states should be able to accept electronic medical examiner’s certificates (MEC) and use that upload to automatically update the medical expiration date on the driver’s CDL record. Unfortunately, there are still eight states that are unable to comply. In those states the medical examiner will still issue a paper copy to the driver. Then, the driver or motor carrier must send or fax a copy of the certificate to the state. The time it takes for the state to actually update the driver’s record varies. Because of this, the motor carrier may have to request several MVRs seeking to verify that the expiration date has been changed. There is currently a waiver in place allowing the driver to carry a copy of the medical examiner’s certificate for up to 60 days.
The Commercial Vehicle Safety Alliance (CVSA) has requested that FMCSA provide guidance to commercial motor vehicle enforcement officials that drivers are permitted to carry paper copies of their valid MEC with them to demonstrate compliance with the applicable requirements. Motor carriers have faced challenges in uneven implementation which have resulted in additional costs and administrative burdens. Although CVSA’s request is labeled as a request for guidance, FMCSA has determined that it is unable to issue the guidance CVSA is seeking because it would conflict with the regulations currently in effect, which are binding on regulated entities.
Therefore, FMCSA is treating CVSA’s request for guidance as an application for exemption from the applicable regulations to allow motor carriers and drivers to continue to rely on a paper copy of the driver’s MEC as proof of the driver’s medical certification for 60 days from the date the certificate was issued. If granted, this exemption would allow motor carriers and drivers the same flexibility as the current waiver while waiting for all States to complete NRII implementation. This exemption would exempt motor carriers and drivers from the end date of June 22, 2025, and the 15-day time period in 49 CFR 391.23(m)(2)(iii) and (m)(3)(i)(C), 49 CFR 391.41(a)(2)(i)(A) and (a)(2)(ii), and 49 CFR 391.51(b)(6)(ii) and would be valid for one year.
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