Pertinent Case Law The majority of cases deal with employer-employee disputes over the Americans with Disabilities Act, civil rights, and related issues. However, a number of courts have addressed the medical exam and related physical qualification issues in the context of a personal injury action. CMV litigation It comes as…
The Driver’s Medical Examination After specifying the criteria a driver must satisfy to physically operate a CMV, the regulations set forth the requirements applicable to medical examiners and the examinations themselves. Medical examinations must be conducted by a certified medical examiner who possesses knowledge of the “specific physical and mental…
Observations Due to the physical requirements imposed by the regulations, the health of a commercial motor vehicle driver may be an issue in certain cases. However, counsel will almost always be required to present some foundational evidence or otherwise show reasonable suspicion of a physical problem to develop the issue…
Overview Like airline pilots, drivers of commercial motor vehicles are subject to fairly rigorous physical health requirements. However, if you spend half an hour at any truck stop you are likely to find drivers who are obviously not physically fit. The lifestyle of the over-the-road trucker is not a healthy…
Pertinent Case Law Case law addressing the road test requirement primarily falls into two categories: cases where the giving or failure to give a road test is relevant in determining whether a driver was an employee for purposes of workers compensation coverage cases where the motor carrier itself is…
The Road Test “Equivalent” If a driver is already in possession of a valid CDL issued by a State which requires a road test in the type of vehicle the motor carrier intends to assign, this may be accepted as the equivalent of a road test. The Road Test “Equivalent”The…
Overview A road test, or its equivalent, is required before a motor carrier can allow a driver to operate one of its commercial motor vehicles. This most fundamental of the road test requirements, which seek to determine whether the candidate is able to perform basic operations and maneuvers in a…
The Background Investigation The regulations mandate that a detailed background check be conducted on any prospective driver. The requirements are quite rigorous, but also quite often not followed properly. A breakdown at this step is often an indicator that a motor carrier has a poorly-functioning safety department. In reviewing documentation…
The Driver Application The first real step in the qualification process is the completion of an employment application that complies with the regulations. The application must be signed by the applicant and contain specific information. A motor carrier is free to require more information on its application than that called…
CMV Overview While a great deal of the FMCSRs concern the motor carrier itself, the rules governing driver qualification, monitoring, and testing are also extensive. These regulations come into play before the driver candidate ever takes the wheel. At the employment application stage, a driver candidate must assist his prospective…