DIGGING IN

A Regulatory Check-up
Compliance
Drivers might need medical cards to operate in the United States
By Heather Ness
Just when I thought the
question, “Do your drivers
need medical cards
to operate into the United
States?” was finally answered,
the U.S. Federal Motor
Carrier Safety Administration
(FMCSA) issues revised
guidance on the matter.
You may recall that the
FMCSA recently closed
a loophole surrounding
Canada-based drivers operating
commercial vehicles
into the United States. For
quite some time now, there
has been medical reciprocity
for drivers operating into the
United States and holding
Canada-issued commercial
licences. All is well under
that reciprocity agreement.
Where the reciprocity agreement
fell short was with the
drivers who could operate
“commercial motor vehicles,”
as defined in 49 CFR 390.5,
into the United States with
Canadian non-commercial
licences. When these drivers
and vehicles cross into
the United States, they are
regulated and subject to the
medical qualification requirements,
as the reciprocity
agreement only covers commercial
licences.
Earlier this year, the
FMCSA issued guidance stating
that certain Class 5 (Class
G-Ontario) drivers who operate
commercial motor vehicles
into the United States
required either a Canadian
medical confirmation letter
issued by their province or
territory, a medical examiner’s
certificate issued by a
medical examiner on the U.S.
National Registry of Certified
Medical Examiners, or an
endorsement code on the
licence to indicate periodic
medical examination.
There’s been a recent
clarification issued for these
options and an update to the
enforcement guidance.
The most recent FMCSAissued
guidance now states
that if a Canadian driver
is operating a commercial
motor vehicle in the United
States and presents a Class
5, Ontario Class G, Ontario
Class D (prior to age 80),
or New Brunswick Class 3
licence (prior to age 65), the
driver should also possess
one of the following to confirm
that they are medically
qualified to operate commercial
motor vehicles in the
United States:
A Canadian medical
confirmation letter issued by
their province or territory; or
A medical examiner’s
certificate issued by a medical
examiner on the U.S. National
Registry of Certified Medical
Examiners; or
A licence endorsement
signifying a periodic medical
examination. Drivers
holding a Class 5 licence
from British Columbia with
the endorsement codes 18,
19, or 20 are not required to
carry additional evidence of
medical qualification, since
these endorsements require
medical certification.
Enforcement
guidance updated
Enforcement guidance was
also updated by FMCSA.
Effective immediately, if any
driver cannot provide evidence
of medical qualification
through one of the options
provided above, enforcement
personnel will be documenting
the appropriate violation
on a roadside inspection
report (49 CFR 391.41(a)).
Additionally, all Class 5
and Ontario Class G licence
holders will be placed Out
of Service if the driver has a
previous history of medical
certificate violations in the
United States. However,
if the driver holds an Ontario
Class D or a New Brunswick
Class 3 – and has a previous
history of medical certificate
violations in the United
States – an Out of Service
order would not be issued
until April 1, 2017.
The FMCSA’s notice
does state that enforcement
discretion remains with
the state or local agency.
Officers are encouraged
not to issue a citation and
immediate Out of Service
order prior to the identified
dates. Rather, enforcement
is encouraged to educate
drivers and request that they
contact the provincial or
territorial licensing agencies
after returning to Canada.
If drivers will be crossing
into the United States, it’s
important to evaluate their
licences and ensure that
they’re carrying the appropriate
medical qualification
documents. TT
Heather Ness is the editor
of Transport Operations at
J.J.Keller and Associates. Contact
her at transporteditors@jjkeller.com
NOVEMBER 2016 31